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An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936, relating to City of Edinburgh District Council.
[19th December 1991]
Whereas the Provisional Order set forth in the Schedule hereunto annexed has been made by the Secretary of State under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936, and it is requisite that the said Order should be confirmed by Parliament:
Be it therefore 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:—
The Provisional Order contained in the Schedule hereunto annexed is hereby confirmed.
This Act may be cited as the City of Edinburgh District Council Order Confirmation Act 1991.
Part I
Preliminary
1. Short title.
2. Interpretation.
Part II
General Administration
3. Execution of deeds by Council.
Part III
Libraries and Museums
4. Definitions for Part III.
5. Persons entitled to borrow articles.
6. Charges, etc., in connection with certain articles reserved at, or borrowed from, libraries.
7. Additional powers in relation to museums.
Part IV
Cemeteries and Crematoria
8. Definitions for Part IV.
9. Restrictions on interments except in cemeteries.
10. Extension of power to maintain cemeteries.
Part V
Public Health
11. Definitions for Part V
12. Cleansing of courts, etc.
13. Removal of obnoxious matter.
14. Collection and disposal of garden refuse.
15. Hairdressers to be registered.
16. Acupuncturists, tattooists, ear-piercers and electrolysists to be registered.
17. Penalty for false statements in applications for registration.
18. Display of hairdresser's, etc., certificate of registration.
19. Cleansing of filthy or verminous premises.
20. Cleansing of verminous persons and clothing.
21. Prohibition of sale of verminous articles.
Part VI
Buildings
22. Restrictions on buildings in certain parks.
23. Power in relation to public buildings in the event of danger.
24. Repair, etc., of structure, etc., of buildings.
25. Reduction of dust, etc., from building operations.
26. As to execution of works required under Part VI.
27. As to notices and allocation of expense for purposes of Part VI in relation to tenements.
28. Appeals against notices under Part VI.
Part VII
Drains
29. Substance, matter, etc., not to be permitted to enter soil or waste appliances.
30. Emptying and cleaning of oil, etc., interceptors from garages, etc.
31. Owners and occupiers to remedy defects in drains.
32. Inspection of drainage of buildings.
33. Summary power to remedy defective soil and waste appliances.
34. Saving for statutory undertakers in respect of entry for certain purposes under Part VII.
Part VII
Waverley Market
35. Special provisions as to Waverley Market.
Part IX
Finance
36. General reserve fund.
37. Expenditure of clerk of lieutenancy.
Part X
Trusts and Endowments
38. Definitions for Part X.
39. Trusts vested in and administered by Council.
40. Representation of Council on trusts, etc., relating to former burgh of Leith.
41. Surplus fire fund.
42. Corstorphine and Cramond endowments.
43. Crambe Reid bequests.
Part XI
Miscellaneous
44. Abstraction of water from Water of Leith.
45. Restrictions on display of articles in areas, etc.
46. As to notice to quit Council houses.
Part XII
General
47. Service and validity of notices, authentication of documents, etc.
48. Power to cancel notices and to serve new notices.
49. Provisions as to Sunday, etc.
50. Appeals to sheriff.
51. Summary applications.
52. Application for interdict.
53. Power to enter premises.
54. Penalty for obstructing execution of Order, etc.
55. Interpretation for purposes of provisions relating to execution of works,
56. As to notices requiring execution of works, etc.
57. In default of owner, etc., Council may execute works, etc.
58. Title of owners to sue for expense of works, etc., executed by them.
59. Questions on which appeals competent not to be raised in proceedings for recovery of expense.
60. Certificate by authorised officer of date of completion of works, etc., to be conclusive.
61. Charges fixed under repealed Acts to continue until new charges fixed.
62. Edinburgh Smokeless Zone Order (No. 1).
63. Offences by bodies corporate.
64. Repeal of Acts.
65. Cesser.
66. Saving for certain enactments.
67. Saving for Health and Safety at Work etc. Act 1974.
SCHEDULE
Enactments repealed
Provisional Order to repeal and re-enact with amendments certain local statutory provisions in force within the City of Edinburgh District; to confer further powers on the City of Edinburgh District Council; and for other purposes.
Whereas by virtue of section 2 of the [1973 c. 65.] Local Government (Scotland) Act 1973 (hereinafter referred to as “the Act of 1973”) the City of Edinburgh District Council (hereinafter referred to as “the Council”) are vested with all the functions of a district council for the area of the City of Edinburgh District as the said area is described in column 3 of Part III of Schedule 1 to the Act of 1973:
And whereas in pursuance of the Act of 1973 certain powers and functions which, before the coming into force of the said Act, were exercisable by and vested in the former corporation of the city and royal burgh of Edinburgh by virtue of the [1958 c. v.] Edinburgh Corporation Order 1958 and the Edinburgh Corporation Orders 1967 to 1973 (hereinafter referred to as “the Order of 1958 and the Orders of 1967 to 1973”) are now exercisable by and vested in the Council:
And whereas in pursuance of section 225 of the Act of 1973 and Orders made thereunder the provisions of the Order of 1958 and the Orders of 1967 to 1973 would cease to have effect to the extent therein specified at the end of 1991:
And whereas for the good government of the citizens of Edinburgh and of persons resorting thereto it is expedient that certain provisions of the Orders of 1967 to 1973 should be re-enacted with amendments and applied to the City of Edinburgh District:
And whereas it is expedient that the other provisions of this Order should be enacted:
And whereas the purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936:
Now, therefore, in pursuance of the powers contained in the said Act of 1936 the Secretary of State orders as follows:—
This Order may be cited as the City of Edinburgh District Council Order 1991.
In this Order the following words and expressions have the meanings hereby respectively assigned to them that is to say:—
“Act of 1963” means the [1963 c. 41] Offices, Shops and Railway Premises Act 1963;
“Act of 1972” means the [1972 c. 52] Town and Country Planning (Scotland) Act 1972;
“Act of 1973” means the [1973 c. 65] Local Government (Scotland) Act 1973;
“Act of 1982” means the [1982 c. 45] Civic Government (Scotland) Act 1982;
“building” has the same meaning as in the [1959 c. 24] Building (Scotland) Act 1959;
“Council” means the City of Edinburgh District Council;
“common stair” means any stair or passage in a building leading to parts thereof separately occupied;
“courts” where by the context it applies to a space contiguous to buildings means a court or recess or area forming a common access to premises separately occupied, including any common passage or entrance there;
“district” means the City of Edinburgh District;
“drainage system” in relation to a building means the system of pipes and drains used for the drainage of the building including all other fittings, appliances and equipment so used but excluding subsoil water drains;
“dwelling-house” and “house” means a house used or constructed or adapted to be used, wholly or principally, for human habitation;
“enactment” includes an enactment contained in an order, regulation or other instrument having effect by virtue of an Act of Parliament;
“factory” has the meaning assigned to it by section 175 of the [1961 c. 34] Factories Act 1961;
“former corporation” means the former corporation of the former city and royal burgh of Edinburgh;
“general reserve fund” means the fund maintained by the Council in pursuance of section 36 (General reserve fund) of this Order;
“hotel” means an hotel as defined by section 139 of the [1976 c. 66] Licensing (Scotland) Act 1976;
“notice” means a notice in writing;
“occupier” means the actual occupier or tenant or sub-tenant;
“operational land”, in relation to any statutory undertakers, has the meaning assigned to it by section 211 of the Act of 1972;
“owner”, in relation to any land or building, includes joint owner, fiar, liferenter, feuar, bondholder in possession or other person in actual possession of, or entitled to receive the rents of, such land or building, and the factor, agent or commissioner of such persons or any of them, and any other person who shall intromit with, or draw, the rents of such land or building;
“premises” includes any building, shed, tent, garden, shrubbery, yard, court, close and houseboat;
“proper officer” has the same meaning as in the Act of 1973;
“public building” means any building used or intended to be used as a place of public meeting, or as a place of public entertainment, or for holding large numbers of persons for any purpose whatsoever;
“reasonably practicable” means reasonably practicable in all the circumstances, including, in any case where works are involved, the expense of executing the works;
“repealed Acts” means the provisions of the Acts and Orders specified in the Schedule to this Order;
“road” has the same meaning as in the [1984 c. 54] Roads (Scotland) Act 1984;
“sheriff” means the sheriff principal of the sheriffdom of Lothian and Borders and includes any sheriff of the Edinburgh sheriff court district;
“Sheriff Courts Acts” means the Sheriff Courts (Scotland) Acts 1907 and 1971;
“soil appliance” means a sanitary appliance for the collection and discharge of excreted matter;
“statutory undertakers” has the same meaning as in the Act of 1972;
“tenement” means a building constructed in flats or storeys and containing two or more dwelling-houses in separate occupation;
“waste appliance” means an appliance for the collection and discharge of water arising from ablutionary, culinary and other non-industrial purposes.
(1) A deed to which the Council are a party shall be validly executed on their behalf if it is signed by a member of the Council and by the proper officer without the necessity of—
(a) being sealed with the common seal; or
(b) the signatures being attested by witnesses.
(2) Any plan, appendix, schedule or other annexation to a deed to which the Council are a party need only be signed on behalf of the Council by the proper officer.
In this Part of this Order—
“article” includes—
any book, periodical or other literature;
any picture, engraving, map, photograph, film strip, lantern slide, microfilm, machine-readable format or computer software;
any gramophone, tape, video or any other form of sound or visual record;
any other article appropriate to the libraries in the city; and
“libraries” includes reading rooms, meeting rooms and mobile libraries.
Notwithstanding anything in the Act of 1973 the persons who shall be entitled subject to the provisions of this Order to borrow any article (other than an article designated by the Council for reference only) in any of the libraries provided by the Council shall be persons who are registered as members of such libraries and who—
(a) reside in the district; or
(b) reside outwith the district but who are employed in the district or are attending a university, college, central institution or school in the district:
Provided that the Council may lend any of such articles to any other person subject to such conditions as they may prescribe.
The Council may—
(a) require any person to whom any article, other than a book or periodical, is lent to deposit with them such sum as they may prescribe as security for the safe return of such article;
(b) make a charge for notifying a person that an article reserved by him has become available for borrowing; and
(c) charge for the borrowing of any article (other than a book or periodical) or the provision of any service which may from time to time be provided at the libraries in the district.
The Council may, in connection with their statutory power to provide museums—
(a) lend any objects in the Council’s museum to any gallery, museum or exhibition; and
(b) do such other things as they consider expedient for furthering the utility of, and interest in, the Council’s museums.
In this Part of this Order—
“cemetery” includes a burial ground or any other place for the interment of the dead;
“Commission” means the Commonwealth War Graves Commission;
“Commonwealth war burial” means a burial of any officer, rating or other rank of the naval, military or air forces of His Majesty who died in the ware of 1914 to 1921 or in the war of 1939 to 1947 or any other person accepted by the Commission as falling within the terms of its founding royal charters;
“Commonwealth war grave” means any grave containing a Commonwealth war burial;
“grave” includes grave space;
“lair-holder” means a person for the time being having the exclusive right of burial in a grave and, where such right of burial has been exhausted, means the next of kin or the personal representative of the person whose remains were last interred in such grave;
“monument” includes a headstone, tombstone, memorial tablet, panel or plaque; and
“railing” includes any kerbstone, chain, wall or other material marking or enclosing a grave or a monument.
(1) A person shall not, without the consent of the Council, inter or deposit any human remains (other than the ashes of a body which has been cremated) in any place other than a cemetery.
(2) Any person acting in contravention of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(1) The powers of the Council in relation to any cemetery vested in or administered by them shall include power— Extensions of power to maintain cemeteries.
(a) to level any grave therein; and
(b) to remove the whole or part of—
(i) any monument which in their opinion is in an unsound or dilapidated condition; and
(ii) any railing; and
(c) to maintain any grave or monument.
At least one month before exercising any of the powers conferred by paragraph (a) or (b) of the preceding subsection the Council shall give notice of their intention—
(i) to the lair-holder of any grave affected by the proposals (unless that person cannot be found);
(ii) where a church is situated within the cemetery, to the authorities of that church; and
(iii) to the Commission.
(b) If any monument or railing to which such proposal relates is in such a condition that, in the opinion of the Council, it constitutes an imminent danger to persons resorting to the cemetery it shall not be necessary for them to give such notice, but in that case they shall, as soon as possible after the exercise by them of the power conferred by the preceding subsection, give notice of such exercise to the persons and bodies referred to in the preceding paragraph.
(3) A notice given under paragraph (a) of the preceding subsection shall—
(a) contain brief particulars of the Council’s proposals and, if necessary, specify an address at which full particulars of the proposals can be obtained;
(b) state the effect of subsection (5) of this section; and
(c) be deemed to have been properly addressed to any person if it is sent to such person by letter addressed to his last known address.
(4) The powers conferred by subsection (1) of this section shall not be exercised with respect to any Commonwealth war grave, or to any monument or railing pertinent to any such grave or provided by the Commission except with the consent of the Commission, and in accordance with such reasonable conditions with reference to such consent as the Commission may prescribe, including conditions to the effect that—
(a) no other monument or railing shall be placed or erected over any such grave;
(b) the Council shall not interfere with, or disturb, any Commonwealth war burial in any such grave, or cause or permit any interference with, or disturbance of, any such burial other than interference or disturbance authorised by an order of a competent court or other lawful authority after prior notification to the Commission of the application for such order or authority; and
(c) in the case of any monument placed or erected by the Commission over any such grave, such monument shall be removed only in accordance with such arrangements and in such manner, including disposal of the monument, as shall be agreed in writing by the Commission.
If notice of objection to the proposals is given to the Council by any lair-holder or authority of a church concerned within the period specified in subsection (2) (a) of this section and is not withdrawn the proposals to which the objection relates shall not be carried out without the consent of the sheriff on summary application by the Council.
(b) In any case where the Council apply to the sheriff for such consent they shall—
(i) not later than the date on which the application is made to the sheriff give notice of such application to the lair-holder, or the authority of the church concerned, as the case may be, and where a Commonwealth war burial would be affected by a decision on such an application, they shall also give the like notice to the Commission; and
(ii) intimate the decision of the sheriff to such lair-holder, or authority of the church concerned.
(c) The sheriff may impose such conditions as he considers appropriate with reference to any consent granted by him under paragraph (a) of this subsection, and where a Commonwealth war burial would be affected, he shall have regard to any representations thereanent made by the Commission within a period of 28 days from the receipt by the Commission of the notice referred to in paragraph (b) of this subsection.
(6) If any monument or railing removed is not claimed within three months after the date of its removal the Council may put it to such use as they think fit, or they may destroy it.
(7) The Council shall, so far as reasonably practicable, cause a record to be made of each monument removed under the powers of this section.
(8) Nothing in this section shall derogate from the provisions of—
(a) the Act of 1972 relating to buildings of special architectural or historic interest, buildings which are the subject of a building preservation notice and conservation areas; and
(b) the [1979 c. 46] Ancient Monuments and Archaeological Areas Act 1979 relating to scheduled monuments and monuments in the guardianship of the Secretary of State.
In this part of this Order—
“basement” means a basement used in commons;
“cleansing and disinfecting” of premises includes—
removing wallpaper or other covering of walls, and redecorating the interior surface of premises;
papering or painting the interior surface of dwelling-houses; and
disinfecting or destroying any household article in the premises;
“cleansing station” means any premises where the cleansing of persons or clothing may be carried out;
“communal toilet or laundry facilities” means a part of any premises containing water-closets, wash-houses, drying rooms or sinks used in common;
“dealer” means a person who trades or deals in any household article;
“hairdressing” means the following:— shaving, cutting, shampooing, tinting, dyeing, bleaching, waving, curling, straightening, setting, removing or dressing of the hair, upon the scalp or face, with or without the aid of any apparatus or appliance, preparation or substance, or the hand or vibro-massage of the scalp or face;
“household article” means an article of furniture, bedding or clothing, or any similar article;
“lobby” means a lobby used in common;
“sanitary conveniences” means water-closets and urinals; and
“vermin”, in its application to insects and parasites includes their eggs, larvae and pupae, and “verminous” shall be construed accordingly.
(1) Any person having the right to use any court or sunk area shall keep such court or sunk area, and the roofs of any outbuildings therein, in a clean state.
(2) Subject to subsection (3) below, the Council may cause to be cleansed any court, sunk area or roof which is not being kept in a clean state and, notwithstanding anything in the Act of 1982, the expense reasonably incurred in so doing shall be recoverable by them from such persons or, if such court or area is unoccupied, from the owner.
(3) Before exercising the power conferred by subsection (2) above, the Council shall give not less than seven days' notice to such person or owner (as the case may be).
(1) Where, in the opinion of the Council, any accumulation of obnoxious matter in any premises should be removed, and it is not the duty of the Council to remove it, they may, by notice, require the occupier of such premises or, if the premises are unoccupied, the owner, to remove it within 48 hours.
(2) A person who, without reasonable excuse, fails to comply with any requirement of a notice under the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and the Council may remove such matter and dispose of it, and the expense reasonably incurred in so doing shall be recoverable by the Council from such person.
In its application to the Council, the definition of “household waste” contained in subsection (5) of section 124 of the Act of 1982 (collection and disposal of household and trade waste) shall be deemed to include garden refuse.
(1) A person shall not, by himself or with any other person, carry on the business of hairdressing in any premises occupied by him unless he is registered by the Council in respect of such premises.
Any person who makes application for registration in respect of any such premises shall, subject as hereinafter provided, be registered by the Council in respect of such premises and the Council shall issue to him a certificate of registration in respect of such premises.
(b) For each application for registration under this section, the Council shall charge a fee of £5 or such other sum as they may from time to time consider appropriate.
The Council shall be entitled to refuse an application for registration under this section only if the premises are unsuitable or inadequate for the business of hairdressing.
(b) Any person aggrieved by a refusal to grant an application for registration under this section may appeal to the sheriff.
(4) Any person who carries on the business of hairdressing in any premises occupied by him in respect of which there is not in force a certificate of registration under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
City of Edinburgh District Council Order Confirmation Act 1991