Control of diseases of animals

Animal disease has an impact on food production and human health, so since 1866 control of diseases of animals (by vaccination, slaughter, prohibition of movement and other actions) has been a local authority responsibility.

From 1866, commissioners of supply were responsible for these measures.[1] In 1869, however, new local authorities were established, consisting of between four and fifteen commissioners of supply and an equal number of elected representatives of occupiers of agricultural lands along with the lord-lieutenant, convenor and sheriff of the county. [2] These local authorities were entitled to ask the commissioners of supply for funds which were raised through a local rate. Their costs were mainly compensation to owners of slaughtered animals. These responsibilities were transferred to county councils under the Local Government (Scotland) Act 1889 and burghs with a population less than 7,000 ceased to have powers under the Contagious Diseases (Animals) Acts or the Destructive Insects Act 1877 but were instead considered part of the county for these purposes.[3]

In 1930 these responsibilities were given to county councils and town councils of large burghs and small burghs, with the caveat that this could be transferred from small burghs to county councils by an order of the Secretary of State for Scotland.[4] Following local government reorganisation in 1975, this responsibility was transferred to regional and islands councils.[5] From 1996 the unitary councils had these responsibilities.[6]

The detail of the specific responsibilities, which changed in accordance with new developments in science, technology and trade, can be found in the many acts of parliament repealed by the Diseases of Animals Act 1950 and related statutory instruments and secondary regulations.[7] The current legislation in force is the Animal Health Act 1981 which requires local authorities to appoint inspectors, enables them to provide various facilities and places the cost of disposing of carcasses washed up on shores on the local authority.[8]

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Local authorities under the Contagious Diseases (Animals) Acts

Bibliography

Evans, A. A. L., ‘Health’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 130-47

Haythornthwaite, J. A., N. C. Wilson and V. A. Batho, Scotland in the Nineteenth Century: an analytical bibliography of material relating to Scotland in Parliamentary Papers, 1800-1900 (Scolar Press, 1993)

Slevin, John, ‘Rural Administration’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 13-28

Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)

References

[1] Cattle Diseases Prevention Act 1866 (29 & 30 Vict. c.2) s.5.

[2] Contagious Diseases (Animals) Act 1869 (32 & 33 Vict. c.70).

[3] Destructive Insects Act 1877 (40 & 41 Vict. c.68); Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50).

[4] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) Sch.1.

[5] Local Government (Scotland) Act 1973 (c.65) s.144; Animal Health Act 1981 (c.22).

[6] Local Government etc (Scotland) Act 1994 (c.39).

[7] Diseases of Animals Act 1950 (14 Geo. VI c.36) Sch. 5.

[8] Animal Health Act 1981 (c.22)

Coast Protection

The Coast Protection Act 1949 gave local burghs and counties with maritime coasts powers to protect land and prevent coastal erosion in their area.[1] There was also provision for the creation of coast protection boards made up of representatives from burghs and counties with maritime coasts. Local authorities had powers to carry out coastal protection works, levy charges under works schemes and require landowners to carry out maintenance and repair of structures. The works were subject to inquiries where river boards and harbour authorities had particular rights. The local authority responsibilities were transferred to regional and islands councils in 1975.[2] They were subsequently transferred to unitary councils in 1996.[3]

Previously, under harbour legislation, the Board of Trade had the authority to restrict excavation of shingle on or under the seashore.[4] In 1939 these powers of the Board of Trade were extended to include all materials, with the aim of preventing coastal erosion.[5]

Compiler: Elspeth Reid (2021)

Bibliography

Ferguson, Keith, An introduction to local government in Scotland (The Planning Exchange, 1984)

[1] Coast Protection Act 1949 (12 & 13 Geo. VI c.74).

[2] Local Government (Scotland) Act 1973 (c.65) s.138.

[3] Local Government etc (Scotland) Act 1994 (c.39).

[4] Harbours Act 1814 ((54 Geo. III c. 159); Harbours Transfer Act 1862 (25 & 26 Vict. c. 69).

[5] Coast Protection Act 1939 (2 & 3 Geo. VI c.39).

Cleansing and Refuse Disposal

Police burghs were given powers to deal with cleansing streets and public areas in the Burgh Police (Scotland) Act 1833.[1] This Act also made it an offence to throw dirt, dung, ashes and rubbish on foot pavements and gave police commissioners power to appoint scavengers and others to sweep and clean streets and remove dung, all of which was to belong to the commissioners. [2] The 1850 Act took this further by requiring police burghs to cleanse streets and also to remove dust, ashes and rubbish from houses and premises and to cleanse cesspools and privies.[3] As before they were allowed to appoint scavengers or appoint contractors to collect this refuse. The police burgh commissioners were able to sell or otherwise dispose of the rubbish collected and use the money raised for burgh purposes.[4] They could also erect public conveniences.[5]

The General Police and Improvement (Scotland) Act, 1862 allowed burghs to appoint an Inspector of Cleansing (who could be the same person as the Burgh Surveyor).[6] Burghs were required to sweep and properly cleanse streets, provide rubbish dumps, employ scavengers and acquire land and buildings to stable horses and equipment to cleanse streets. These provisions were repeated in subsequent legislation including the Burgh Police (Scotland) Act 1892 and the Local Government (Scotland) Act 1947.[7]

Outwith the burghs, responsibilities for scavenging and removal of refuse was given to parish councils in 1894 in conjunction with the relevant district committee of the County Council.[8] In 1929 these responsibilities were transferred along with all other parish responsibilities to the County Councils and from 1947, County Councils were allowed to set up special districts within landward areas of the county for the provision of various services including scavenging.[9]

Under the Local Government (Scotland) Act 1973 responsibilities for cleansing were transferred to district or islands councils and references to an inspector of cleansing were replaced by the generic term ‘proper officer’.[10] Responsibilities for cleansing and refuse collection and disposal were then consolidated by the Environmental Protection Act 1990 which gave district and islands councils a duty to arrange for the collection of waste, including recycling and ensure that roads and lands with public access were kept free of litter and refuse.[11] The Local Government etc (Scotland) Act 1994 amended this to the new unitary councils.[12]

The Environmental Protection Act 1990 required local authorities to maintain public registers of waste disposal licences and related matters, open to the public free of charge (with exceptions for information relating to national security or commercially confidential information). It also required annual reports to be published.[13] A requirement to prepare an integrated waste management plan, open to public inspection, was added by the Local Government in Scotland Act 2003.[14]

Records relating to cleansing and refuse disposal are most often found amongst local authority minutes of the relevant council committee and any surviving records of the Inspector of Cleansing’s department. The names of departments and committees do vary, particularly in the later 20^th century when councils were frequently re-structured, so it is worth checking the catalogues of local authority archives for terms such as sanitation, waste management, waste disposal, environmental services and nuisances. Relevant central government records are held by National Records of Scotland and can usually be found in the Scottish Office Development Department collections (reference codes starting DD). For the records of commercial waste management companies, contact the company.

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Food Labelling, Standards & Hygiene

Sanitary Inspection & Environmental Health

Bibliography

Brunton, Deborah, ‘Regulating filth: cleansing in Scottish towns and cities, 1840-1880’ Urban History 42 (3) (Aug 2015) pp. 424-39

Bell, James, and James Paton, Glasgow: Its Municipal Organization and Administration (J. MacLehose and Sons, 1896)

Ferguson, Keith, An introduction to local government in Scotland (The Planning Exchange, 1984)

Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936) )

References

[1] Burgh Police (Scotland) Act 1833 (3 & 4 Will. IV c.46) s.44.

[2] Burgh Police (Scotland) Act 1833 (3 & 4 Will. IV c.46) s.89, s.111.

[3] Police (Scotland) Act 1850 (13 & 14 Vict. c.33) s.142.

[4] Police (Scotland) Act 1850 (13 & 14 Vict. c.33) s.145.

[5] Police (Scotland) Act 1850 (13 & 14 Vict. c.33) s.148.

[6] General Police and Improvement (Scotland) Act 1862 (25 & 26 Vict. c.101) s.110.

[7] Burgh Police (Scotland) Act 1892 (5 & 6 Vict. c.55) s.75.

[8] Local Government (Scotland) Act 1894 (57 & 58 Vict. c.58) s.44.

[9] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.1, s.26; Local Government (Scotland) Act 1947 (10 & 11 Geo VI c.43) s.146.

[10] Local Government (Scotland) Act 1973 (c.65) s.142.

[11] Environmental Protection Act 1990 (c.43).

[12] Local Government etc (Scotland) Act 1994 (c.39) Sch.13 s.167.

[13] Environmental Protection Act 1990 (c.43) ss.64-67.

[14] Local Government in Scotland Act 2003 (2003 asp 1).

Civil Defence and Emergency Planning

Civil defence and emergency planning are closely linked functions which have been controlled by central government but have relied on local authorities carrying out duties under instruction from central government.

From the 18th century the main focus was on civil defence which fell to the militia and the Lord Lieutenants of the counties.[1] Until the Emergency Powers Act 1920 there was little separate provision for civil emergencies. The 1920 Act identified civil emergencies as ‘interfering with the supply and distribution of food, water, fuel or light or with the means of locomotion, to deprive the community…of the means of life’[2]

This act gave authority to the Crown to proclaim a state of emergency and then to empower central government departments and ‘any other persons’ to take necessary action.[3] The 1920 act remained largely in force until 2004. It was used to deal with difficulties arising from industrial disputes such as the seamen’s strike in 1966 and the dock workers strike in 1970.[4]

The Civil Defence Act 1939 placed obligations on local authorities to create air-raid shelters, granting sweeping powers regarding the acquisition of land for this purpose and relaxing building construction regulations. It also gave them the duty of making buildings available for receiving casualties and making arrangements for billeting and evacuations.[5]

The Civil Defence Act 1948 gave local authorities responsibilities for carrying out decisions of Ministers on civil defence matters such as organising civil defence forces and services, training them, and providing equipment and offices.[6] Both these Acts placed the decision-making with Ministers, the local authority function being primarily to follow and implement these decisions and the resulting regulations issued by central government.

The Local Government (Scotland) Act 1973 transferred some responsibilities to regional and islands councils and some to district and islands councils.[7] The details were clarified in the Civil Defence (Planning) (Scotland) Regulations 1975 which gave the responsibilities to regional and islands councils.[8] This required the councils to make contingency plans to prepare for the possibility of hostilities including planning for gathering intelligence, training staff, making preparations for the disposal of human remains, preventing disease, providing emergency feeding centres and other services, and testing these plans. These regulations were updated in 1983.[9] Ten years later the Civil Defence (General Local Authority Functions) (Scotland) Regulations 1993 further updated this.[10] However, as the emphasis was on civil defence during the Cold War, some local authorities resisted this as they considered that it encouraged preparation for nuclear war. In the early 1960s and again in the 1980s there were instances of local authorities refusing to store equipment and provide shelters for civil defence purposes.

The development of local authority planning for emergencies not connected to civil defence was not provided for in legislation until the Civil Protection in Peacetime Act 1986. This enabled local authorities to ‘use their civil defence resources in connection with emergencies and disasters unconnected with any form of hostile attack by a foreign power’[11]

The Civil Defence (Scotland) Regulations 2001 and other statutory instruments provided for police and fire service involvement in grants and emergency planning.[12]

The Civil Contingencies Act 2004 consolidated all these powers and responsibilities and repealed previous emergency powers and civil defence legislation.[13] Councils along with the police, fire services, ambulance services, health boards and the Scottish Environmental Protection Agency were identified as Category 1 responders, required to act on the authority of an Order from Scottish Ministers. Emergencies were defined to include threats to the environment as well as to people. Powers to declare an emergency were consolidated with central government.

Records relating to civil defence and civil contingencies may be found in the records of local councils, police, fire and rescue services, ambulance services and health boards, all of which are held either by local authority archives services or health board archives services. National Records of Scotland holds relevant Scottish Government records in its Scottish Home and Health collection (reference code HH), communications with local authorities in its Association of County Councils collection (reference code CO), and records relating to the Scottish Environment Protection Agency (reference code DD).

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Lieutenancy and Militia

References

[1] Militia Act 1797 (37 Geo. III c.103).

[2] Emergency Powers Act 1920 (10 & 11 Geo. V c.55) s.1.

[3] Emergency Powers Act 1920 (10 & 11 Geo V c. 55) s.2.

[4] BBC ‘On this Day’ (2008) <http://news.bbc.co.uk/onthisday/hi/dates/stories/july/16/newsid_2504000/2504223.stm> [accessed 28 December 2018].

[5] Civil Defence Act 1939 (2 & 3 Geo. VI c.31).

[6] Civil Defence Act 1948 (12 & 13 Geo. VI c.5).

[7] Local Government (Scotland) Act 1973 (c.65) s 83.

[8] Civil Defence (Planning) (Scotland) Regulations 1975 (SI 1975 No 849 (S 149)).

[9] Civil Defence (General Local Authority Functions) (Scotland) Regulations 1983 (SI 1983 No 1650 (S 157)).

[10] Civil Defence (General Local Authority Functions) (Scotland) Regulations 1993 (SI 1993 No 1774 (S 215)).

[11] Civil Protection in Peacetime Act 1986 (c.22).

[12] Civil Defence (Scotland) Regulations 2001 (SSI 2001 No 139).

[13] Civil Contingencies Act 2004 (c.36).

Care of children & young people

Local authority involvement in the care and protection of children became formalised towards the end of the 19th century with supervision of fostering arrangements and residential care for destitute, orphaned or abandoned children, the development of care of children in the criminal justice system and regulation of employment.[1] The role of local authorities in the care of children during the 20th century was extended by supervision of adoption from 1929 and increasing responsibilities for fostering.

Poor law authorities, both before and after 1845, had responsibilities for destitute and orphaned children: poorhouses had accommodation for children and other children were boarded out. The Prevention of Cruelty to and Protection of Children Act 1889 made it an offence to ill-treat, neglect or abandon a child and enabled children to be removed from their parents to a place of safety.[2] Further legislation in 1897 was mainly directed against what was known as ‘baby-farming’, and required anyone ‘retaining or receiving for hire or reward … more than one infant under the age of five years’ to inform the parish council). [3]

The Children Act 1908 gave parish councils and councils of police burghs responsibility for the registration of foster carers of children under 7, for the appointment of inspectors of foster carers and for receiving reports from voluntary societies caring for children.[4] In 1930, when parish councils were abolished, these responsibilities were allocated to county councils, cities and large burghs.[5] The Children and Young Persons (Scotland) Acts of 1932 and 1937 gave county councils and town councils of large burghs a duty to discover individuals fostering children under age 9 for payment, to appoint child protection visitors and to require reports from voluntary societies.[6] In addition they could fix the number of children that a foster carer could keep. Inspection of voluntary homes was given to an Inspector appointed by the Secretary of State for Scotland.[7] The Children Act 1948 consolidated and amended earlier legislation and placed a duty of care on county councils, the four cities and town councils of large burghs to provide for orphans deserted children or children whose parents were judge unfit to care for them.[8] The preference was for fostering (‘boarding out’) but where necessary the local authority was enabled to set up residential homes or to make arrangements for children to be placed in voluntary homes.[9] The local authorities could also remove children from voluntary homes.[10] The 1948 Act also required local authorities to appoint a children’s committee and a children’s officer and to provide a place of safety for children removed under the earlier 1937 Act.[11] These responsibilities were subject to regulations issued by the Secretary of State for Scotland.[12] Fostering was further regulated by the Children Act 1958 which established a general duty of care of local authorities towards foster children, by inspecting foster carers and a duty of foster carers to notify the local authority and enable inspections.[13]

Alongside provision for children in care, local authorities became responsible for registering and regulating nurseries and child minders in 1948.[14]

The Social Work (Scotland) Act 1968 required counties and large burghs to have a social work committee and a director of social work who was to be appointed from a list approved by the Secretary of State for Scotland.[15] The Secretary of State for Scotland to have had powers of general supervision of social work and powers to inspect residential establishments (local authority or private) and inspect records. The local authority responsibilities for foster care and residential care of children were broadly continued from the 1948 Act. At local government re-organisation in 1975, responsibilities for social work were transferred to regional and island councils.[16]

The Children Act 1975 placed a greater emphasis on the right of the child to express a view and on the duty of putting the child’s welfare first. Local authorities were given changed responsibilities in assuming parental rights and in supervising fostering and residential care.[17] The Children Act 1995 gave local authorities a duty “to” the child instead of “for” the child and required local authorities to publish plans for providing relevant services. The services local authorities were required to provide were extended to day care for pre-school children in need and assessments of needs of children with disabilities, while the right to arrange emigration of children was removed.[18]

Records of or about children and young people can be found in the records generated by fostering (boarding out) and adoption, the justice system, schools and nurseries and churches. Other voluntary organisations working with children may also have relevant records, such as sports clubs and youth clubs. Records which contain information about individuals are subject to closures under the Data Protection Act 2018.

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Records of children and young people

Industrial Schools, Borstals and Young Offender Institutions

Young offenders and children in the justice system

Bibliography

Abrams, Lynn & Linda Fleming, Report into the Historic System to protect and prevent the abuse of children in care in Scotland, 1948-1995 (Scottish Child Abuse Inquiry, 2019) <https://childabuseinquiry.scot/research/research-reports/the-historic-system-to-protect-and-prevent-the-abuse-of-children-in-care-in-scotland-1948-1995/> [accessed 21 June 2021]

Norrie, K McK., Legislative Background to the treatment of children and young people living apart from their parents. (Scottish Child Abuse Inquiry, 2017) <https://www.childabuseinquiry.scot/research/research-reviews/the-legislative-and-regulatory-framework/> [accessed 21 Jun 2021]

Shaw, Tom, Historic Abuse Systemic Review. Residential schools and children’s homes in Scotland 1950-1995. (Scottish Government, 2007) <https://dera.ioe.ac.uk/7215/1/0054353.pdf> [accessed 21 Jun 2021]

References

[1] Tom Shaw, An independent review of the systems in place to protect children and keep them safe in residential care between 1950-1995 (Scottish Government, 2007).

[2] Prevention of Cruelty to and Protection of Children Act 1889 (52 & 53 Vict. c.44).

[3] Infant Life Protection Act 1897 (60 & 61 Vict. c.57) s.1.

[4] Children Act 1908 (8 Edw. VII c.67).

[5] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25).

[6] Children and Young Persons (Scotland) Act 1932 (22 & 23 Geo. V c.47); Children and Young Persons (Scotland) Act 1937 (1 Edw. VIII & 1 Geo. VI c.37).

[7] Children and Young Persons (Scotland) Act 1937 (1 Edw. VIII & 1 Geo. VI c.37) s.106.

[8] Children Act 1948 (11 & 12 Geo. VI c.43) s.1.

[9] Children Act 1948 (11 & 12 Geo. VI c.43) ss.13-15.

[10] Children Act 1948 (11 & 12 Geo. VI c.43) s.34.

[11] Children Act 1948 (11 & 12 Geo. VI c.43) s.39, 41, 51.

[12] Children (Boarding-out etc.) (Scotland) Rules & Regulations 1947; Administration of Children’s Homes (Scotland) Regulations 1959.

[13] Children Act 1958 (c.65).

[14] Nurseries and Child Minders Regulation Act 1948 (11 & 12 Geo. VI c.53).

[15] Social Work (Scotland) Act 1968 (c.49).

[16] Local Government (Scotland) Act 1973 (c.65) s.161

[17] Children Act 1975 (c.72).

[18] Children Act 1995 (c.36).

Burial

Burial

From medieval times until 1855 burial grounds were primarily the responsibility of the heritors and church authorities. In 1563 the privy council was given some responsibilities for directing the maintenance of churchyards.[1] Other legislation relating to burials prior to 1855 mainly aimed at controlling conduct and at promoting first the linen trade and then the wool trade.[2] Most burials were in churchyards although some wealthy families built private family mausoleums or set aside land for family burial grounds. In the 18th century, secession churches and other churches (such as Quakers), particularly in larger burghs, opened their own burial grounds. In some towns there were separate burial grounds for the town’s hospital (or poorhouse), and for certain burgh organisations, such as merchants or trade incorporations. By the mid-19th century many churchyards were full, and burial had become a public health concern, especially following outbreaks of smallpox, typhus and cholera. By the 19th century, overcrowding of churchyards led to the establishment of commercial cemeteries with one early example being the Glasgow Necropolis opened in 1832.[3]

Local authority responsibility for burial grounds began with the Burial Grounds (Scotland) Act 1855 which gave powers to parochial boards and town councils acting as parochial boards to acquire land for burial grounds, close burial grounds, open new burial grounds, and appoint staff to deal with burials[4]. They were also required to maintain a register of burials. Parochial boards were permitted to work together (concur) and this led to cemeteries run by joint committees of two or more local authorities. The Local Government (Scotland) Act 1894 replaced parochial boards with parish councils, transferring all existing powers and responsibilities of parochial boards to the parish councils. The Local Government (Scotland) Act 1929 moved this function to district councils within counties and to town councils of small burghs and large burghs.[5] In 1975 the function transferred to district and islands councils and in 1996 to the unitary councils.[6]

In 1894 the new parish councils were also permitted to accept responsibility for churchyards from the heritors.[7] The Church of Scotland (Property and Endowments) Act 1925 transferred all remaining quoad omnia churchyards from heritors to parish councils.[8] The Local Government (Scotland) Act 1929 confirmed that churchyards remained the responsibility of the secular authorities, which were the town councils of small burghs, town councils of large burghs, district councils of counties or the counties of cities.[9]

The Burial Grounds (Scotland) Act 1855 remained in force until 2016. It was replaced by the Burial and Cremation (Scotland) Act 2016 which was a complete overhaul of the regulation of burials and cremations following widespread concern over the disposal of ashes of babies and maintenance of records of these disposals. This brought in inspection and regulation provisions for burial and cremation authorities and funeral directors and brought in licensing of funeral directors. It also applied regulations to private burials, requiring application to be made to local authorities who also had to maintain a register of private burials. All burial and cremation authorities (both local authorities and private/commercial companies) were required to maintain electronic registers of burials and cremations, to make these available and provide extracts with the right to charge a fee for these services.[10] Moreover, the 2016 act was the first to specify that a local authority must provide a burial ground: previous legislation had been permissive, enabling the local authority to operate cemeteries and crematoria, rather than placing a requirement to provide a burial ground within its boundaries.

Records of burials can usually be found among the records of churches and local authorities. While some churches kept distinct burial registers, others included information about burials in the kirk session minutes and some did not maintain records of burials but did maintain records of the hire of their mortcloths. Local authority burial registers are usually easily found once the relevant local authority (such as a joint committee or other body) has been identified. Lair registers may also be helpful but as lairs are purchased by living individuals, lair registers are subject to data protection restrictions. Plans of cemeteries with lair numbers may also be held in local authority archives services.

Compilers: SCAN contributors (2000). Editor: Elspeth Reid (2021)

Related Knowledge Base entries

Death & Disposal of the Dead

Cremation

Death registers of Catholic churches

Death registers of other churches

Hospital registers of death

Mortcloths

Records of municipal and private cemeteries

Records of undertakers and monumental masons

Procurators fiscal records and Fatal Accident Inquiries

Property records

Graverobbing

Bibliography

Bennet, Margaret, Scottish Customs from the Cradle to the Grave (Birlinn, 2004)

Black, Jimmy and Michael T. R. B. Turnbull, The Glasgow Graveyard Guide revised edition (In Pinn, 2011)

Love, Dane, Scottish Kirkyards (Robert Hale Ltd, 1989)

Turnbull, Michael T. R. B., The Edinburgh Graveyard Guide (Saint Andrew Press, 1991)

Willsher, Betty, Understanding Scottish graveyards revised edition (National Museums of Scotland, 2005)

References

[1] Act [repairing kirkyards] 1563. The Records of the Parliaments of Scotland to 1707, [RPS] ed. by K.M. Brown and others (University of St Andrews, 2007-2021), A1563/6/12 <http://www.rps.ac.uk/trans/A1563/6/12> [accessed 18 May 2021].

[2] Act restraining the exorbitant expense of marriages, baptisms and burials, 1681. RPS 1681/7/38 <http://www.rps.ac.uk/trans/1681/7/38>; Act for burying in Scots linen, 1686. RPS, 1686/4/44 <http://www.rps.ac.uk/trans/1686/4/44>; Act for burying in woollen, 1706. RPS, 1706/10/461 <http://www.rps.ac.uk/trans/1706/10/461> [all accessed 18 May 2021].

[3] Glasgow City Archives GB243/T-MH52/1/1 Merchant House Committee on Cemetery & Quarries. Minutes 1828-1848; Glasgow City Archives GB243/D-CEM1/12 /1 Necropolis interment register 1832-1898.

[4] Burial Grounds (Scotland) Act 1855 (18 & 19 Vict. c.68).

[5] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.1(b).

[6] Local Government (Scotland) Act 1973 (c.65); Local Government etc (Scotland) Act 1994 (c.39).

[7] Local Government (Scotland) Act 1894 (57 & 58 Vict. c.58) s.30 (6).

[8] The Church of Scotland (Property and Endowments) Act 1925 (15 & 16 Geo. V c.33) s.32.

[9] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.1(b).

[10] The Burial and Cremation (Scotland) Act 2016 (2016 asp 20).

Building Standards

Building Standards

Building standards are concerned with whether buildings are structurally sound and functional. For matters such as what buildings look like, and what kind of buildings can be constructed in a particular location, see the Knowledge Base entry on Planning and Development Control. Building standards have been a local authority responsibility since the medieval period and therefore the records of this function are usually found in local authority archives services.

Building control in burghs before 1975

Building control (re-named building standards in 2003) began in burghs where people lived closely together. Royal burghs took the lead, giving these responsibilities to the dean of guild courts and during the 19^th century other burghs set up dean of guild courts with similar building control responsibilities. These became the building control authorities in burghs until the burghs were abolished in 1975.

From an early period the Edinburgh Dean of Guild Court started to hear cases of offences against “nychtburheid” or neighbourhood disputes and from 1593 this practice was adopted by other dean of guild courts.[1] Gradually this became more focused on building issues and complaints, such as building an extension which intruded into a neighbour’s property or allowing a ruinous wall to collapse into a neighbour’s yard or blocking up the entry to a neighbour’s close with a midden.[2] The next development was an attempt to pre-empt disputes by requiring the permission of the dean of guild court before constructing any new building or carrying out major alterations to existing buildings. By the mid-17th century, the Edinburgh Dean of Guild Court began to insist the submission of a plan for approval before building and building control powers developed from this.[3]

Until 1862 only royal burghs with existing dean of guild courts had these building control powers. From 1862 magistrates of towns which adopted the General Police and Improvement (Scotland) Act 1862 were given the same powers as dean of guild courts.[4] From 1892 all town councils were permitted to set up dean of guild courts.[5] In 1947 burghs were required to set up a dean of guild court if they did not already have one.[6]

The Building (Scotland) Act 1959 was the first comprehensive legislation to deal with building control and under this the dean of guild courts became building authorities.[7] The name dean of guild court remained in use until local government reorganisation in 1975.[8]

Building control outwith burghs before 1975

Outwith burghs, there was no specific building control function until building control powers were given to local authorities under the Public Health (Scotland) Act 1897.[9] This enabled districts of counties to make byelaws to regulate buildings, subject to the approval of the county council and the Board of Supervision. These byelaws were expected to cover the submission of plans for inspection by the local authority. The other local authorities defined by this Act (county councils, police commissioners and town councils) already had the authority to make byelaws but their powers to do this for building control purposes became subject to the Board of Supervision.[10]

In 1929 the building control function in respect of districts and small burghs was transferred to county councils.[11] In 1959 building authorities in the landward areas of counties were defined as a committee of not less than three from the local authority (i.e.: the county council).[12]

Building control/standards after 1975

From 1975, at local government re-organisation, the functions of all building authorities in the former burghs and the former counties were transferred to district councils and islands councils except in Highland, Borders and Dumfries & Galloway regions where these functions were transferred to the regional councils.[13] In 1996 they transferred to the new unitary councils and in 2003 the term building standards replaced building control.[14]

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Dean of Guild Court

Planning and Development Control

Building Standards records

Bibliography

Close, Rob, ‘Planning and Building Records’ Scottish Local History 39 (1997) pp. 16-20

Gray, Iain, ‘Dean of Guild court Records: a unique resource for Scottish Urban History’ Scottish Archives 5 (1999) pp. 41-48

Gray, Iain, A Guide to Dean of Guild Records (Scottish Survey of Architectural Practices, 1994) [note that the locations listed in this Guide are out of date]

Jackson, Andrew M., Glasgow Dean of Guild Court: A History (Glasgow 1983)

McKechnie, John ‘Buildings and Dean of Guild’ in Source book and history of administrative law in Scotland ed. by M.R. McLarty (Hodge, 1956), pp. 95-104

Smith, Annette M., The Guildry of Dundee (Abertay Historical Society, 2005)

Warden, A. J., Burgh Laws of Dundee (Longmans, Green & Co, 1872)

References

[1] Andrew M. Jackson Glasgow Dean of Guild Court: A History (Glasgow, 1983) p.12.

[2] Act anent the reparation of ruinous houses within burghs, 1644. The Records of the Parliaments of Scotland to 1707, ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1644/6/265 <http://www.rps.ac.uk/trans/1644/6/265> [accessed 16 December 2018].

[3] Iain Gray A Guide to Dean of Guild Court Records (Scottish Survey of Architectural Practices, 1994) pp.3-4.

[4] General Police and Improvement (Scotland) Act 1862 (25 & 26 Vict. c.101) s.408.

[5] Burgh Police (Scotland) Act 1892 (55 & 56 Vict. c.55) ss.201-209.

[6] Local Government (Scotland) Act 1947 (10 & 11 Geo. VI c.43) ss.321-331.

[7] Building (Scotland) Act 1959 (c.24) s.1(2).

[8] Local Government (Scotland) Act 1973 (c.65) s.227.

[9] Public Health (Scotland) Act 1897 (60 & 61 Vict. c.38) s.181.

[10] Public Health (Scotland) Act 1897 (60 & 61 Vict. c.38) ss.183-189.

[11] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.2; Sch.1(1)9.

[12] Building (Scotland) Act 1959 (c.24) s.1(3).

[13] Local Government (Scotland) Act 1973 (c.65) s.134, s.227.

[14] Building (Scotland) Act 2003 (2003 asp 8).

Allotments

The Allotments (Scotland) Act 1892 gave local authorities the powers and duty to purchase or rent land for the purposes of providing allotments for the ‘labouring classes’, the costs to be recouped from the rents from allotment users.[1] Subsequent legislation in 1922 and 1950 amended and extended arrangements for managing this facility.[2] In 1894, parish councils were permitted to acquire land on lease for allotments or common pasture.[3] The responsibility was transferred to district and island councils under the Local Government (Scotland) Act 1973 and subsequently to unitary councils in 1996.[4]

The Community Empowerment (Scotland) Act 2015, which came into force in April 2018, updated and simplified legislation on allotments.[5] This required local authorities to maintain waiting lists and take reasonable steps to provide allotments if the waiting time or the number of people waiting exceeded defined limits. It protected allotments by requiring local authorities to seek the consent of Scottish Ministers before disposing of sites and protected the rights of allotment tenants. It also required local authorities to produce annual reports.

Records relating to local authority responsibilities for allotments may be found in the relevant committees of local authorities. Significant collections relating to the Scottish Allotments and Garden Society and the Scottish Allotments Scheme for the Unemployed are held by the University of Glasgow Archive Services (Reference UGC 222) and other related collections would be those of horticultural and allotment societies in local and university archives services and the National Library of Scotland.

Contributors: Elspeth Reid (2021) and Pam McNicol (Stirling Council Archives, 2021).

Bibliography

Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)

References

[1] Allotments (Scotland) Act 1892 (55 & 56 Vict. c.54).

[2] Allotments (Scotland) Act 1922 (12 & 13 Geo. V c.52); Allotments (Scotland) Act 1950 (14 Geo. VI c.38).

[3] Local Government (Scotland) Act 1894 (57 & 58 Vict. c.58) s.26.

[4] Local Government (Scotland) Act 1973 (c.65) s.140; Local Government etc (Scotland) Act 1994 (c.39) Sch.13, s.35.

[5] Community Empowerment (Scotland) Act 2015 (asp 6).

Airports

The construction and operation of airports in Scotland has been undertaken by private individuals, commercial companies, the Royal Air Force (and its predecessor the Royal Flying Corps), and by a few local authorities. This Knowledge Base entry concentrates on the local authority involvement in airports.

Some small aerodromes were built during the First World War, including Renfrew aerodrome where the cost of construction became subject to a Court of Session case in 1921.[1] During the 1920s and 1930s the Air Ministry, responsible for both the RAF and civil aviation, encouraged local authorities to build aerodromes. In 1927 Glasgow Corporation set up a sub-committee of the General Finance Committee to consider the proposal to establish a municipal aerodrome.[2] Dundee decided not to have an airport in 1932.[3] Perth Town Council negotiated the purchase of land at Scone for an aerodrome in 1934.[4]

Most civilian airports were taken over by the RAF during the Second World War. In 1945, however, a new Ministry of Civil Aviation was set up to encourage the design and development of civilian planes and airports.[5] The Civil Aviation Act 1949 enabled local authorities to build aerodromes.[6] Glasgow Corporation used these powers in 1963 when they made an agreement in 1963 with the Ministry of Aviation to buy the Royal Naval Air Station at Abbotsinch and to share the cost of constructing the new airport with the Ministry.[7] Glasgow Airport was opened in 1966, with a passenger terminal designed by Sir Basil Spence. Dundee Corporation applied to operate Dundee Airport in 1962. The airports which developed at Edinburgh, Aberdeen, Wick and elsewhere were operated commercially from the outset and the relevant local authorities did not exercise their powers under the Civil Aviation Act 1949.

The Airports Authority Act 1965 established the British Airports Authority (BAA) as a public authority and transferred Heathrow, Stanstead, Gatwick and Prestwick airports from the Minister of Aviation to the BAA.[8] By 1975 BAA had also acquired Edinburgh, Glasgow and Aberdeen airports.[9] It was required to consult with the local authorities in whose area an airport was located, and local authorities were enabled to stop aircraft from taking off in connection with their public health duties to prevent the spread of diseases.

In 1975 local authority powers to build airports were limited to regional and islands councils and then transferred to unitary councils in 1996.[10] Dundee Airport was transferred to Tayside Regional Council in 1975 and then to Dundee City Council in 1996. BAA was privatised by the Airports Act 1986, which also empowered the Secretary of State to require local authorities to form companies to operate their airports as commercial undertakings.[11] Also in 1986 the Civil Aviation Authority set up Highlands and Islands Airports Ltd (HIAL) which transferred to the Secretary of State for Scotland in 1995 and then to Scottish Ministers on devolution in 1999. HIAL took over Dundee Airport in 2007 and therefore no Scottish local authority now operates an airport.

Records relating to airports will be found in records of the government bodies responsible for regulating civil aviation at The National Archives in London, as well as the minutes and records of the relevant local authorities and other airport operators.

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Public transport

Harbours

Ferries

References

[1] ‘Renfrew Aerodrome. Air Council’s £50,000 claim’ Dundee Evening Telegraph 12 Jan 1921 p.6

[2] ‘Municipal Aerodrome’, Scotsman, 29 August 1927 p.2

[3] ‘Dundee Airport Project,’ Dundee Courier, 18 November 1932 p.6

[4] ‘Perth Civic Aerodrome’, Dundee Courier 20 July 1934 p.3

[5] Ministry of Civil Aviation Act 1945 (8 & 9 Geo. VI c.21)

[6] Civil Aviation Act 1949 (12, 13 & 14 Geo. VI c.67)

[7] ‘New airport for Glasgow’, Liverpool Echo, 31 May 1963 p.13

[8] Airports Authority Act 1965 (c.16)

[9] Airports Authority Act 1975 (c.78)

[10] Local Government (Scotland) Act 1973 (c.65) Sch.27 s.97

[11] Airports Act 1986 (c.31)

Wills and testaments

Wills and testaments are an invaluable primary source of information for the family, local and socio-economic historian. They provide an insight into the lives of people from all walks of life in all areas of Scotland through the centuries in a unique way.

A will states what a person wants done with their possessions after their death. Testaments appoint an executor to administer a person’s property after their death. Where a will has been written, it is common for the testament to be combined with the will in a single document but this is not necessary. There are two types of testaments: a testament testamentar where the person nominates their executor before they die and a testament-dative where the person dies without making a testament (intestate) and therefore an executor-dative was appointed by the commissary court until the 1820s, and thereafter by the sheriff court. One of the deceased’s creditors could be appointed as his executor, so that he could recover the debt due him, and he was called an ‘executor creditor’ or ‘qua creditor’.

While wills tell us what a person’s wishes were with regard to the disposal of their possessions after their death, testaments tell us what these possessions actually were and may state how much they were worth. Testaments include an inventory of the moveable property left by an individual as well as other documents concerning amounts owed to or by the deceased and statements by the executor(s).

Very few Scots left wills prior to the late 19th century. Until 1868, only moveable property could be included in a will, as there were strict laws of inheritance which governed what happened to heritable property and how it was transferred to the heir(s), through a process called Service of Heirs. There was often no need to write a will as the moveable property was also subject to strict inheritance laws: one third of the moveable property went to a surviving spouse while one third went to surviving children or their heirs, (one half if there was no surviving spouse or no surviving children).[1] However, the remaining third could be directed by a will and this might happen if, for example, some moveable property was intended for an unmarried sister or another close relative. After 1868, more people left wills indicating what should happen to both their moveable and heritable property.[2]

The legal process called confirmation ensured that the property of a deceased person went to the heirs and all debts were cleared by the executor, whether or not a will was involved. A testament dative, where there was no will, or a testament testamentar, where a will might have been written, and an inventory, was recorded in the commissary courts, replaced by the sheriff courts from the 1820s. However, confirmation was expensive, and where the property left was of little value, the family usually divided it up without involving the courts or lawyers.

An alternative method of directing a person’s heritable and moveable property after death was to set up a trust and transfer their property to that, so that at their death they did not own the property and the laws of succession did not apply.[3]

Through a trust disposition the property was held by trustees, with the person holding a liferent in the property, and directing what was to happen to the property after their death when the trust was settled. Marriage contracts could also be used to direct heritable property. Trust dispositions can often be found in the records of solicitors, which may have been deposited in local authority archives. They may have been registered and guidance to the registers in the National Records of Scotland can be found at <https://webarchive.nrscotland.gov.uk/20240326183430/https://www.nrscotland.gov.uk/research/research-guides/research-guides-a-z/deeds> [accessed 26 April 2024].

Wills and testaments are held by the National Records of Scotland and have been made available through the ScotlandsPeople website <https://www.scotlandspeople.gov.uk/guides/wills-and-testaments> [accessed 26 April 2024].

Further guidance on wills and testaments and trust dispositions can be found at <https://webarchive.nrscotland.gov.uk/20240326182509/https://www.nrscotland.gov.uk/research/guides/wills-and-testaments> [accessed 26 April 2024].

Contributors: Margaret Fox (SCAN 2002), Elspeth Reid (2022)

Notes

1 J. Irvine Smith, ‘Succession’ in An Introduction to Scottish Legal History (Stair Society, 1958) pp. 208-21; G. J. Bell, Principles of the Law of Scotland (10th edition, 1899) sections 1655-70.

2 Titles to Land Consolidation (Scotland) Act 1868 (Vict. 31 & 32 c.101).

3 J. Irvine Smith, ‘Succession’ in An Introduction to Scottish Legal History (Stair Society, 1958) pp. 208-21 (pp. 219-21)

All
Wills and testaments

Will I be able to read a testament?

Those written in the 16th and 17th centuries will be difficult to read unless you have had some instruction in palaeography, (that is, the study of old handwriting). The script may appear undecipherable and, as they are written in the Scots language, they contain many words and expressions with which you may be unfamiliar. Most 18th century testaments, however, are relatively easy to read, and those from the 19th century even easier. As with most things, the more practice you get the easier it becomes, so do not be put off if you find things difficult at first.

If I am struggling to make sense of a testament where can I go for help?

First read the research guide on the ScotlandsPeople website <https://webarchive.nrscotland.gov.uk/20240326182510mp_/https://www.nrscotland.gov.uk/research/guides/wills-and-testaments> [accessed 26 April 2024]. This will give you an understanding of what you can expect to find in the testament itself and be able to look out for the key elements.

The ScotlandsPeople website has a guide to Scottish Handwriting and includes a tutorial on an 18^th century will which takes you through the various elements of a testament dative. <https://www.scotlandspeople.gov.uk/scottish-handwriting> [accessed 26 April 2024].

Your Scottish Archives provides a Glossary of legal terms and Scots words.

I have been tracing my family tree using statutory registers of births, marriages and deaths, the Old Parochial Registers and census returns. I would like now to widen the scope of my research. Will I be sure to find a testament for my ancestor?

Not necessarily. There was no legal requirement for individuals to make a will. Indeed, comparatively few Scots actually bothered to do this. And even if they died intestate (i.e. without having made a will) there was no obligation for their family to go to court to have the deceased’s affairs settled. Many families sorted things out amicably among themselves. Having said this, however, it is certainly worth checking the indexes to the testaments. Even if your ancestor did not leave a will it is still possible that an executor had had to be appointed by the court to administer the estate, in which case there will be some record of his or her possessions. There are sometimes testaments recorded for persons who lived and died in the lowliest situations, whose inventories might include such things as bottomless chairs and haystacks! So do not be put off if you think your ancestor was too humble to appear in the registers.

Am I right in thinking that, in Scotland, there was a difference between a will and a testament?

Yes, you are. A will was the document drawn up by an individual wishing to settle his or her affairs prior to death. As such, it clearly sets down instructions as to the disposal of the deceased’s possessions. It was variously termed ‘Last Will and Testament’, ‘Latter Will and Testament’, ‘Disposition’, ‘Settlement’ and ‘Disposition and Settlement’. A testament, however, was the legal document drawn up after a person died, and its sole purpose was to enable the court to confirm an executor who would be responsible for winding-up the deceased’s affairs. In other words, if there was a will there would definitely be a testament, but there could be a testament without a will.

What is the difference between a ‘testament testamentar’ and a ‘testament dative’?

Briefly, a ‘testament testamentar’, as well as containing the statutory clauses, includes a full copy of the will made by the deceased – if one was drawn up – and confirms executor(s) appointed by him or her in it. If for any reason a copy of the will is not actually included, reference is made to it having been recorded elsewhere, probably in the court’s Registers of Deeds. This sometimes happened after 1804 when statutory changes came about. A ‘testament dative’, on the other hand, was the document drawn up entirely by the court for the sole purpose of appointing and confirming executor(s) to administer the deceased’s estate. It does not include a copy will (because no will was written), and therefore does not indicate how the deceased’s possessions were to be disposed of.

What exactly will I find in a typical 16th – 18th century testament?

If it is a ‘testament dative’ you will find three distinct parts, that is, the introductory clause followed by the inventory of the deceased’s possessions and thirdly the confirmation clause. In the case of a ‘testament testamentar’ you will find four parts, all of these plus a copy of the deceased’s will, which is inserted between the inventory and the confirmation.

Is one type of testament ‘better’ than the other from a genealogical point of view?

Yes. You will find a ‘testament testamentar’ much more informative. As this includes a copy of the will of the deceased, you will be able to discover exactly how your ancestor wished to dispose of his or her possessions, and who was chosen to wind up the estate. This was usually a member of the family. A ‘testament dative’, on the other hand, does not contain any indication of the wishes of the deceased with regard to the disposal of his or her property since it was not drawn up until after the death. But the person appointed by the court as the executor could well have been the next of kin, so this will supply you with at least one genealogical detail.

Are testaments a useful source for social and economic history?

Yes, the inventory clause in particular, unless the inventory was drawn up specifically to satisfy the demands of the deceased’s creditors, in which case it will deal only with sums of money. Otherwise, it should contain a list of the deceased’s moveable estate, that is, his or her possessions, or ’goods and geir’. ‘Moveable’ property, as opposed to ‘heritable’ property (i.e. land, buildings, minerals in the ground and mining rights) included household possessions, articles of clothing, livestock, machinery, farming implements, a tradesman’s tools and machinery, etc. From an examination of inventories it is thus possible to build up a picture of what social and economic conditions were like in a particular locality at a particular time. Each inventory supplies, as it were, a snapshot of the deceased’s lifestyle.

Does a testament tell whether the deceased owned land and buildings?

The short answer is no, certainly for the pre-19th century period. In Scotland, an individual’s property was divided into two types, ‘heritable’ and ‘moveable’. The former consisted of land, buildings, minerals in the ground and mining rights, while the latter included the rest of his or her possessions, basically anything that could be moved. Testaments were concerned only with moveable property. Having said that, copies of some 19th century wills (alternatively named dispositions, settlements and latter wills and testaments), to be found in sheriff court registers may well include references to the deceased’s heritable property. However, since the rules of inheritance differed in respect of the two types of property (with records relating to the disposal of heritable property to be found elsewhere), you should not expect to find anything here.

Does a testament testamentar include the names of all the deceased’s children?

Not necessarily. If the deceased owned heritable property, that is, land, buildings, minerals in the ground and mining rights, this would be inherited by his eldest son, in accordance with the Scottish rules of succession. Therefore, unless he was also to receive a legacy under the terms of his father’s will (a copy of which will appear in the testament) do not expect to find any reference to him. Even if the deceased did not own any ‘heritage’, you may not be furnished with the names of all his offspring. This is because his children were, by right, entitled to a third part of his estate if their mother was still alive, or a half if she had pre-deceased her husband, and there was no need to make mention of this share (termed the ‘legitim’) in the testament. The father only had a third or a half part of his estate to dispose of as he pleased under the terms of his will, (termed the ‘dead’s part’) and he may well have decided to include other relatives or friends in this distribution as his children were already catered for. The beneficiaries of the ‘dead’s part’ will be named in the will, however, so if any children were to benefit over and above their ‘legitim’ share you will find them here.

Are 19th century testaments different from those of preceding centuries?

Yes, the 19th century saw changes in the format and character of testaments. Until 1824 testaments were confirmed by commissary courts, but after that date they became the responsibility of the sheriff courts. So inevitably there were some changes. But even before 1824 you may notice some differences. These came about as a result of clauses in the Revenue Acts of 1804 and 1808. Briefly, separate registers of inventories, confirmations and settlements (wills) were kept, and it was possible for an executor to register an inventory with the court without seeking confirmation. And, of course, you should find 19th century testaments much easier to read.

If I know the date of death for someone, should I restrict the search for his or her testament to a few years on either side of the date of death?

No, it is worth checking the indexes well beyond the date-range you are considering searching. Occasionally, the intervention of the court to settle the deceased’s affairs was not required until many years after the death, possibly as a result of a dispute.

Is there any point in searching for the testament of an Englishman or Englishwoman in Scottish records?

Probably not, unless you think there is a chance that he or she might have held some assets in Scotland, in which case you should definitely undertake this search. The registers of the principal commissary court in Edinburgh will be the ones to try. This court had responsibility in testamentary matters not only for Scots who died ‘furth of the realm’ but also for English people who may never have resided in Scotland but who held Scottish assets, even if it was only money in a Scottish bank account.