Parochial Boards and Parish Councils

The Poor Law (Scotland) Act 1845 established parochial boards throughout Scotland in civil parishes and a central Board of Supervision in Edinburgh.[1] The constitution of the boards in rural areas depended on whether or not they imposed a poor rate. If they did not, they would be composed of the heritors and kirk session; if they did, then as well as the heritors and kirk session they were required to add a varying number of members elected locally. Only a minority of parishes were legally assessed for poor rates in 1845 but most were by 1862. The entitlement to poor relief remained unchanged and excluded the able-bodied unemployed. Each parochial board was required to appoint an inspector of the poor who was in charge of the day-to-day administration of relief. They were also permitted to build poorhouses, whether alone or in combination with other parochial boards and could subscribe to hospitals.[2]

Other functions were added to the duties of the parochial boards outwith the burghs, for example by including them as one of the local authorities under the Public Health Act 1867.[3] Public health duties included the regulation of lodging houses, removal of nuisances, construction of sewers, water supply and the control of infectious diseases. This legislation also empowered local authorities to build hospitals, to appoint medical and sanitary inspectors and to form special drainage and water districts.[4] Parochial boards (and town councils acting as parochial boards) were also given powers under the Burial Grounds (Scotland) Act 1855 to close and open burial grounds, acquire land for that purpose and appoint staff to deal with burials.[5] They were also given some responsibilities for paying for the education of children in reformatories.[6] The public health powers of parochial boards in the landward area were transferred to county councils by the Local Government (Scotland) Act 1889 and special drainage districts and water districts were transferred to sub-committees of county councils.[7]

Parochial boards were replaced by wholly elected parish councils and the Board of Supervision by the Local Government Board for Scotland under the Local Government (Scotland) Act 1894.[8] The new parish councils acquired a few additional functions, including the power to acquire buildings for public offices and ground for recreational purposes, and the administration of rights of way. They could also take land on lease for allotments and could take over the administration of certain types of parish trusts and the maintenance of churchyards. From 1925 all remaining churchyards belonging to heritors were transferred to parish councils.[9] Parish councils were abolished by the Local Government (Scotland) Act 1929 which transferred their functions to the county councils, district councils and town councils.[10]

Surviving records of parish councils and parochial boards are held by local authority archives services.

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

Related Knowledge Base entries

Poor law 1845-1948

Parochial boards and parish council records

Bibliography

Crowther, M. Anne., ‘Poverty, Health and Welfare’, in People and Society in Scotland, 1830-1914, ed. by W. Hamish Fraser and R. J. Morris (John Donald, 1990), pp. 265-89

Levitt, Ian (ed.) Government and Social Conditions in Scotland 1845-1919 (Scottish History Society, 1988)

References

[1] Poor Law (Scotland) Act 1845 (8 & 9 Vict. c.83).

[2] Poor Law (Scotland) Act 1845 (8 & 9 Vict. c.83) ss.60-61, 66-67.

[3] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101).

[4] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.8, s.76, s.89.

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

[6] Reformatory Schools (Scotland) Act 1854 (17 & 18 Vict. c.74).

[7] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50).

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

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

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

Parliaments

Scotland had a parliament (consisting of ‘three estates’ of clergy, nobility and burgesses) from the mid-13th century until 25 March 1707. From 1 May 1707, under article III of the Treaty of Union, Scotland sent representatives to the United Kingdom parliament at Westminster in London. On 1 July 1999 a devolved parliament was established in Edinburgh with control over all government functions relating to Scotland except those reserved by the Westminster parliament.

Related Knowledge Base entries

Records of the Old Scottish Parliament (until 1707)

Records of the Scottish Parliament (since 1999)

Acts of the UK Parliament (Westminster)

Parliamentary Papers after 1707

Bibliography

Scottish Record Office, Guide to the National Archives of Scotland (Stair Society/HMSO, 1996)

Duncan, A. A. M., ‘The early parliaments of Scotland’, Scottish History Society, 45 (1966) 36-58.

Rait, R. S., The Parliaments of Scotland (Glasgow, 1924)

Young, John R., The Scottish Parliament, 1639-1661: a political and constitutional analysis (John Donald, 1996)

The Parliaments of Scotland: burgh and shire commissioners ed. by Margaret D. Young, (Scottish Academic Press, 1992)

Links

[all accessed 26 April 2024]

National Records of Scotland <https://webarchive.nrscotland.gov.uk/20240326182606/https://www.nrscotland.gov.uk/research/research-guides/research-guides-a-z/scottish-parliament-records>

The Records of the Parliaments of Scotland to 1707 (RPS) <https://www.rps.ac.uk>

English Parliament before 1707 and the British Parliament from 1707 <Homepage | History of Parliament Online>

Parliamentary Archives of the UK <https://www.parliament.uk/business/publications/parliamentary-archives/>

Scottish Parliament <https://www.parliament.scot/>

New Town Corporations

New town development corporations were set up as a result of the New Towns Act 1946 which enabled the Secretary of State for Scotland to designate sites for new towns and appoint development corporations to plan and build them.[1] This resulted in five new towns in Scotland: East Kilbride (1949), Glenrothes (1948), Cumbernauld (1956), Livingston (1962) and Irvine (1966). A sixth new town was proposed for Stonehouse, in Lanarkshire, but this proposal was abandoned.

After the Second World War, new towns were seen as a way of alleviating overpopulation in inner cities, speeding up regeneration of industry and increasing employment throughout the UK. The five new towns in Scotland re-housed hundreds of thousands of people from west central Scotland, especially Glasgow, attracted new industrial and commercial developments and were key sites for modern planning and architecture.

The five new town development corporations consisted of a chairman, deputy chairman and up to seven members, all appointed by the Secretary of State for Scotland after consultation with local authorities. They were responsible for planning and related functions including housing and roads, and the Secretary of State could approve their development proposals after consultation with the local planning authority. These key functions were therefore removed from the scrutiny of elected councillors within the new town although all other local authority functions (education, social work, etc) continued to be provided by the relevant local authority for the area within which the town was located.

The five new town development corporations were wound up between 1991 and 1997.[2] East Kilbride and Glenrothes were formally dissolved on 5 April 1996 and Cumbernauld, Irvine and Livingston were formally dissolved on 31 March 1997.[3]

The records of the development corporations were transferred to local authority archives services. East Kilbride Development Corporation records are held by South Lanarkshire Council Archives, Glenrothes by Fife Archives, Cumbernauld by North Lanarkshire Council Archives, Livingston by West Lothian Council Archives and Irvine by Ayrshire Archives.

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

Bibliography

Edwards, K.C., ‘The New Towns of Britain’ Geography 49.3 (1964), pp. 279-85

Goodlad, Robina and Suzie Scott, ‘Housing and the Scottish New Towns: A Case Study of Policy Termination and Quasi markets’, Urban Studies 33.2 (1996), pp. 317-35

Levitt, Ian, ‘New Towns, New Scotland, New Ideology, 1937-57’ The Scottish Historical Review 76.2 No. 202 (1997), pp. 222-38

Tyrwhitt, Jacqueline, ‘Changes in new town policies in Britain 1946-1971’ Ekistics 36 No.212 (1973), pp. 14-16

References

[1] New Towns Act, 1946 (9 & 10 Geo. VI c.68) ss.1-2.

[2] The New Town (Glenrothes) Winding Up Order 1992 (SI No. 354 (S. 28)); The New Town (East Kilbride) Winding Up Order 1992 (SI No 355 (S. 29)); The New Town (Livingston) Winding Up Order 1993 (SI No 3060 (S. 289)); The New Town (Irvine) Winding Up Order 1993 (SI No. 3061 (S. 290)); The New Town (Cumbernauld) Winding Up Order 1993 (SI No. 3062 (S. 291)); The New Town (East Kilbride) Winding Up (Variation) Order 1994 (SI No. 200 (S. 6)).

[3] The New Town (Glenrothes) Dissolution Order 1996 (1996 No. 1065 (S. 114)); The New Town (East Kilbride) Dissolution Order 1996 (1996 No. 1066 (S. 115)); The New Town (Irvine) Dissolution Order 1997 (1997 No. 641 (S. 39)); The New Town (Livingston) Dissolution Order 1997 (1997 No. 642 (S. 40)); The New Town (Cumbernauld) Dissolution Order 1997 (1997 No. 643 (S. 41)).

Local authorities for animal disease

In the 19th century local authorities were established to take measures against contagious diseases of animals. Under the Cattle Diseases Prevention Act 1866, commissioners of supply were required to nominate between four and fifteen commissioners, the Lord Lieutenant was to nominate an equal number of tenants of agricultural lands valued above £100, and these individuals along with the Lord Lieutenant, the convenor of the county and the sheriff were to constitute the local authority.[1] These local authorities were then required to appoint inspectors, empowered to slaughter cattle and cleanse premises, and allowed to pay for this from rates, to be collected by the commissioners of supply in counties and by the local authority in burghs. An amendment the same year enabled these local authorities to borrow money where their expenses exceeded what could be raise through rates.[2] In 1869, the tenants nominated by the Lord Lieutenant were replaced with elected local representatives of tenants of property valued above £100 and owner-occupiers of property valued above £50.[3]

Local authorities under the Contagious Diseases (Animals) Acts were abolished by the Local Government (Scotland) Act 1889, which transferred their functions to the county councils.[4] County councils, however, sometimes continued to use the name when carrying out their functions under the acts.

Surviving records are likely to be in local authority archives services and may be found amongst county council records.

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

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

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] Cattle Diseases Prevention Amendment Act 1866 (29 & 30 Vict c.110.

[3] Contagious Diseases (Animals) Act 1869 (32 & 33 Vict c.70) s.118.

[4] Local Government (Scotland) Act 1889 (52 & 53 Vict., c.50).

Lists of local authorities before 1975

Source: Local Government (Scotland) Act 1947 (10 & 11 Geo. VI c.43) Schedule 1

Counties in 1947

Aberdeen

Angus

Argyll

Banff

Berwick

Bute

Caithness

Clackmannan

Dumfries

Dunbarton

East Lothian

Fife

Inverness

Kincardine

Kinross

Kirkcudbright

Lanark

Midlothian

Moray

Nairn

Orkney

Peebles

Perth

Renfrew

Ross and Cromarty

Roxburgh

Selkirk

Stirling

Sutherland

West Lothian

Wigtown

Zetland

Counties of Cities in 1947

Aberdeen Dundee Edinburgh Glasgow

Large Burghs in 1947

Airdrie

Arbroath

Ayr

Clydebank

Coatbridge

Dumbarton

Dumfries

Dunfermline

Falkirk

Greenock

Hamilton

Inverness

Kilmarnock

Kirkcaldy

Motherwell and Wishaw

Paisley

Perth

Port Glasgow

Rutherglen

Stirling

Small Burghs in 1947

Aberchirder

Aberfeldy

Aberlour

Abernethy

Alloa

Alva

Alyth

Annan

Ardrossan

Armadale

Auchterarder

Auchtermuchty

Ballater

Banchory

Banff

Barrhead

Bathgate

Biggar

Blairgowrie and Rattray

Bo’ness

Bonnyrigg and Lasswade

Brechin

Bridge of Allan

Buckhaven and Methil

Buckie

Burghead

Burntisland

Callander

Campbeltown

Carnoustie

Castle Douglas

Cockenzie and Port Seton

Coldstream

Coupar Angus

Cove and Kilcreggan

Cowdenbeath

Crail

Crieff

Cromarty

Cullen

Culross

Cumnock and Holmhead

Cupar

Dalbeattie

Dalkeith

Darvel

Denny and Dunipace

Dingwall

Dollar

Dornoch

Dunoon

Duns

East Linton

Elgin

Elie and Earlsferry

Ellon

Eyemouth

Falkland

Findochty

Forfar

Forres

Fortrose

Fort William

Fraserburgh

Galashiels

Galston

Gatehouse

Girvan

Gourock

Grangemouth

Grantown-on-Spey

Haddington

Hawick

Helensburgh

Huntly

Innerleithen

Inveraray

Inverbervie

Invergordon

Inverkeithing

Inverurie

Irvine

Jedburgh

Johnstone

Keith

Kelso

Kilrenny, Anstruther Easter and Anstruther Wester

Kilsyth

Kilwinning

Kinghorn

Kingussie

Kinross

Kintore

Kirkcudbright

Kirkintilloch

Kirkwall

Kirriemuir

Ladybank

Lanark

Langholm

Largs

Lauder

Laurencekirk

Lerwick

Leslie

Leven

Linlithgow

Loanhead

Lochgelly

Lochgilphead

Lochmaben

Lockerbie

Lossiemouth and Branderburgh

Macduff

Markinch

Maybole

Melrose

Millport

Milngavie

Moffat

Monifieth

Montrose

Musselburgh

Nairn

Newburgh

New Galloway

Newmilns and Greenholm

Newport

Newton-Stewart

North Berwick

Oban

Oldmeldrum

Peebles

Penicuik

Peterhead

Pitlochry

Pittenweem

Portknockie

Portsoy

Prestonpans

Prestwick

Queensferry

Renfrew

Rosehearty

Rothes

Rothesay

St Andrews

St Monance

Saltcoats

Sanquhar

Selkirk

Stewarton

Stonehaven

Stornoway

Stranraer

Stromness

Tain

Tayport

Thurso

Tillicoultry

Tobermory

Tranent

Troon

Turriff

Whitburn

Whithorn

Wick

Wigtown

Burghs created after 1947

Stevenston	1952
Bearsden	1958
East Kilbride	1963
Bishopbriggs	1964
Cumbernauld	1968

Lieutenancy and Militia

The main function of lieutenancies was to defend the country in the event of an emergency and until the late 18th century lord lieutenants were only appointed by the Crown as and when the need arose. Permanent lieutenancies were established in 1794 by a royal warrant, which ordered the development of volunteer forces for the defence of Scotland.[1] Each was led by a lord lieutenant who was appointed by the monarch. The lord lieutenant in turn appointed deputies. The duties of lieutenants included provision for the protection of their counties in the event of invasion, threat or civil uprising. They initially directed volunteer forces and from 1797 were empowered to raise militia forces.[2] Militiamen were to be selected by ballot. Aliment was paid to the dependants of a serving militiaman by the parish or burgh authorities. Militia service was unpopular and the ballot system led to the formation of societies to raise subscriptions to help those chosen in the militia ballot (‘principals’), to pay for substitutes to serve in their places. The militia often found recruitment difficult as the number of those willing to serve as substitutes was limited, and a militiaman was often required to serve with his unit in a different part of the country from his place of residence. Subsequent Militia Acts did not improve matters greatly. The militia became almost moribund after 1815. The Militia (Scotland) Act 1854 revived the militia but with volunteers rather than recruits and the force was administered largely by central government thereafter.[3]

After 1802 militia officers’ qualifications were tightened and only a landholder who held or was heir to property rated at £400 Scots in the county land tax books was eligible to serve as a captain in the lieutenancy.[4] In later years the lord lieutenant was given additional roles in local government. He was ex officio a member of the police committee for the county constabulary after 1857.[5] He was also a member of the local authority under the Contagious Diseases (Animals) Acts from 1866.[6] When county councils were established, the lieutenant for the county was ex officio a county councillor at the first election, holding office until 1892 but thereafter all councillors had to be elected.[7] The role of lieutenancies gradually became largely ceremonial, but they continued to recommend justices of the peace with the help of an advisory committee.

Following local government reorganisation in 1975, 33 lord lieutenants were retained with their 33 lieutenancy areas using the old county boundaries with some minor adjustments to align with some of the new districts and regions.[8] The role was continued by the Reserve Forces Act 1980 and in 1996 there was a further re-adjustment of some boundaries.[9] The Lieutenancies Act 1997 consolidated previous legislation and enabled changes in lieutenancy areas as the Sovereign saw fit.[10] The first female lord lieutenant in Scotland was appointed in 1998.[11]

Lieutenancy and militia records for any particular county may survive in one or more of several places. Some may be found with the records of county councils and their predecessors usually with local authority archives. Others, particularly militia records, may be among sheriff court records at the National Records of Scotland, or among the estate or family papers of landowners who were lord lieutenants.

Editor: Elspeth Reid (2021)

Bibliography

Fortescue, The Hon. J. W., The County Lieutenancies and the Army 1803-1814 (London: 1909)

Whetstone, Ann E., Scottish County Government in the Eighteenth and Nineteenth Centuries (John Donald, 1981)

References

[1] Ann E. Whetstone, Scottish County Government in the Eighteenth and Nineteenth Centuries (John Donald, 1981) p.97; The Later Correspondence of George III Vol. II, 1793-1797 ed. by A. Aspinall (Cambridge University Press, 1968), p.183, letter of Henry Dundas to the King, 6 March 1794 and reply, same day.

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

[3] Militia (Scotland) Act 1854 (17 & 18 Vict. c.106).

[4] Militia (Scotland) Act 1802 (42 Geo. III c.91).

[5] Police (Scotland) Act 1857 (20 & 21 Vict. c.72).

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

[7] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50) s.109.

[8] Lord Lieutenants Order 1975 (SI 1975 No. 428).

[9] Reserve Forces Act 1980 (c.9) s.131; The Lord-Lieutenants (Scotland) Order 1996 (SI 1996 No. 381 S83).

[10] Lieutenancies Act 1997 (c.23).

[11] Elizabeth Ewen, The new biographical dictionary of Scottish women (Edinburgh University Press [2018]).

Kirk sessions

The kirk session is the lowest church court in the presbyterian system of church government, and its role is to lead and govern congregations. The Church of Scotland became a presbyterian church during the reformation in Scotland.[1] The churches which broke away from the Church of Scotland after 1733 were also presbyterian. Presbyterian church government is based on a hierarchy of church courts: kirk session, presbytery, synod and general assembly are the four main courts, but some presbyterian churches omit synods and some smaller presbyterian churches only have one synod and therefore do not need a general assembly.[2]

Each presbyterian congregation is governed by a kirk session, which is made up of ruling elders (usually simply called elders) and moderated by the minister(s) (also known as a teaching elder). The kirk session determines the number of elders. Elders are chosen from the members of the congregation and are ordained to the eldership, holding office for life though they may step down from active duties.[3] The elders have a duty to care for the spiritual needs of the congregation and traditionally each of them has a district of the parish assigned to him/her. The minister, who is automatically a member of the presbytery, is moderator of the session, and there is a clerk who has custody of all the session’s records. There may also an officer or beadle and there must be a treasurer. The session must maintain minutes of meetings, a register of baptisms and a communion roll, containing the names and addresses of the communicant church members. Marriage registers are not required but may be kept by session or the minister.

Each kirk session elects one of its elders to represent it at the presbytery in which it is situated, the choice being subject to the approval of presbytery. It may also provide additional elders to ensure parity of numbers of ministers and elders within presbytery. From time to time, the representative elder may also be elected by presbytery to represent presbytery at a higher court.

The kirk session’s duties are to maintain good order amongst its congregation and to implement the acts of the General Assembly of its denomination. As a church court, the kirk session had jurisdiction in church matters over its members (originally all who lived in the parish) and administered discipline in relation to the moral and religious condition and behaviour of the people. In the 17th century, some Church of Scotland kirk sessions obtained commissions from the Privy Council to hear cases in relation to civil law.[4] Individuals have a right of appeal to the higher church courts, as does the kirk session if its decisions are overturned by a higher court.

It was common practice for the kirk session to be responsible for the financial matters of the congregation as well as spiritual matters, until the 19th century. Following the Disruption in 1843, congregations of the Free Church of Scotland set up deacons’ courts to look after financial matters and property separately from the kirk session: deacons’ courts comprised all members of the session along with additional members of the congregation. Other presbyterian churches set up boards of management to deal with financial and property matters, comprised of members of the congregation rather than necessarily including all members of session. This became the modern congregational board in many congregations. These historic arrangements continued in the Church of Scotland after 1929 when the majority of Presbyterians re-united, and also in the United Free Church of Scotland, but Church of Scotland congregations are now encouraged to vest all responsibilities in the kirk session as charity trustees to enable clearer compliance with charity laws.[5] Other presbyterian churches, such as the Free Church of Scotland and the Free Presbyterian Church of Scotland maintain the tradition of a deacons’ court.

Until 1845 there were weekly collections in the parish churches made for the support of the poor, but as the state began to assume responsibility for their support so funds collected from members and adherents were directed elsewhere.[6] Secession churches used weekly collections to support ministers and maintain property, and this became more usual in parish churches as well as other sources of income declined. Seat or pew rents were also quite common (money paid for a fixed seat in a church) but this practice declined rapidly from the 1950s.

Records of Church of Scotland kirk sessions are the responsibility of the National Records of Scotland (NRS) and may be held by local archives under charge and superintendence agreements. Locations are shown on the NRS catalogue (reference code CH2 and CH3). NRS holds kirk session records of the United Free Church of Scotland (CH13) and Free Church of Scotland (CH 16).

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

Related Knowledge Base entries

Synods

Presbyteries

Kirk Session records

Presbyterian churches

Bibliography

Cox, James T., Practice and Procedure in the Church of Scotland (Church of Scotland, 1934, 1948, 1964, 1976)

Legal Systems of Scottish Churches ed. by Marjory A. MacLean, (Edinburgh University Press, 2010)

United Free Church of Scotland. General Assembly, Manual of practice and procedure of the United Free Church of Scotland (Offices of the United Free Church, 1905, 1916, 1927)

Weatherhead, James L., The constitution and laws of the Church of Scotland (Board of Practice and Procedure, Church of Scotland, 1997)

References

[1] Confession of Faith Ratification Act 1690 (c.7) <http://www.legislation.gov.uk/aosp/1690/7> [accessed 30 March 2021].

[2] Marjory A. MacLean, ‘Presbyterian Governance’ in Legal Systems of Scottish Churches ed. by Marjory A. MacLean, (Edinburgh University Press, 2010) pp. 1-12.

[3] James T. Cox, Practice and Procedure in the Church of Scotland (Church of Scotland, 1976).

[4] W. R. Foster, The Church before the Covenants (Scottish Academic Press, 1975) pp.78-79.

[5] Church of Scotland Ministry and Discipleship Council: ‘Constitution of the Kirk’ <https://www.churchofscotland.org.uk/__data/assets/pdf_file/0008/64790/Office_Bearers_Constitutions_of_the_Kirk.pdf> [accessed 18 May 2021].

[6] Poor Law (Scotland) Act 1845 (8 & 9 Vict. c.83).

All
Kirk sessions

Where can I find kirk session records for a parish?

kirk session records are the responsibility of the Keeper of the Records of Scotland. The records of most kirk sessions are held at the National Records of Scotland (NRS). However, some are then sent back (the NRS use the term ‘retransmitted’) to local archives under what is known as ‘charge and superintendence’: that is, they are kept by local archives under certain conditions. To find out whether the kirk session records for a parish survive, and where they are held, look at the NRS online catalogue or contact the relevant local archives. Many kirk session minutes dated before 1900 have been digitised and can be seen on the NRS Virtual Volumes area of the ScotlandsPeople website.

Are kirk session minutes indexed?

Where the minutes of a parish have been published these may be indexed, but in the vast majority of cases kirk session minutes are not indexed.

Justices of the Peace

The justices of the peace (JPs) first came into existence in Scotland in 1587.[1] Later acts of 1609 and 1661 dealt with the powers and functions of the office.[2] JPs did not become an important administrative force until the 18th century. The Act of Union in 1707 led to an attempt at extending the powers enjoyed by the English justices of the peace to Scotland.[3] JPs had civil and criminal jurisdiction, wide-ranging but generally dealing with less serious civil business or minor offences. The criminal jurisdiction was mostly confined to preservation of the public peace, in which cases would be treated summarily.

The justices of the peace were originally appointed by the king and his council, and officeholders were mostly drawn from major families, although no particular qualification in rank or property was required. From 1707 JPs were appointed by the Lord Chancellor of Great Britain usually with advice from the local landowners and MPs. In 1955 this power was transferred to the Secretary of State for Scotland.[4] Landowners continued to be heavily represented as a group amongst JPs. The whole of the JPs in a county made up the commission of the peace. JPs sat at four different types of session: general, petty, special and quarter sessions. Quarter sessions were meetings of all justices in the county, occurring four times a year on specific dates to hear cases and make administrative decisions. From 1741 these meetings were to be held in the head burgh of the county. Petty sessions were held as required during the year. General sessions were adjourned quarter sessions, and special sessions were quarter session meetings but held for a specific piece of business.

Civil jurisdiction included the power to regulate the wages and conditions of servants and other rural workmen. The Small Debt Court was an important extension of their judicial role which permitted the suing for debts of only a few pounds.[5] General administrative business included oversight of weights and measures, roads, and carting regulations; and later JPs role extended to poor law administration (albeit limited) and vagrancy acts, theatre and friendly society licensing, and early factory safety legislation.

Licensing had been the remit of JPs from the start, but they only had the right to grant licences to sellers of ales and spirits, not the right to take them away. The Alehouses Licensing Act 1756 gave JPs more specific powers over licensing.[6] They were to hold an annual session to grant and renew licences outside royal burghs, which after 1765 were held regularly after the introduction of an annual inspection of licensing records by the government. Separate licensing court records are commonly found. The JPs also had a role in trying to suppress illicit whisky distilling. The Liquor Licensing (Scotland) Act 1828 gave the justices the power to divide counties into districts for the purposes of licensing.[7]

In the 19th century the justices of the peace functions tended to decline. The Local Government (Scotland) Act 1889 transferred many of their administrative powers to the new county councils including the regulation of weights and measures and gas meters, but left their licensing and judicial powers unchanged.[8] Their remaining administrative powers comprised licensing of certain tradesmen and proprietors such as pawnbrokers, game dealers and gunpowder retailers. Under the Licensing (Scotland) Act 1903 licensing courts were to be constituted, whose membership would (in counties) be partly JPs and partly elected councillors.[9]

The Children Act 1908 gave certain powers to JPs to deal in criminal cases of children under 16, in the new juvenile courts.[10] In 1932 JPs’ role in juvenile courts was further strengthened.[11] However, the role of JPs in criminal cases was removed in 1968 when the children’s hearing system replaced juvenile courts and only the High Court had jurisdiction over the prosecution of a child. [12] Through the same set of legislation, JPs were given a role in protecting vulnerable children and from 1968 JPs remained able to authorise the removal of a child to a place of safety.

Justice of the Peace courts were abolished on 16 May 1975 and replaced by district courts with wider powers, in which JPs sat, with a legally qualified clerk to provide advice.[13] The district courts were based on local authority areas and financed by the relevant local authority, the district council and the island council. In 2008 the district courts were abolished and replaced by new Justice of the Peace courts administered by the Scottish Courts and Tribunals Service.[14] Within these courts, JPs are empowered to hear petty offences, impose custodial sentences of up to 60 days, disqualify from driving and impose other limited sentences and fines.

Justice of the Peace records are the responsibility of the National Records of Scotland (NRS)(reference code JP). Several local authority archives services hold JP records under a charge of superintendence agreement from NRS and current details of this can be found in the NRS catalogue.

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

Bibliography

Findlay, Johan, All Manner of People: The History of the Justices of the Peace in Scotland (Saltire Society, 2000)

Walker, James, Justice of the Peace Being A Manual for the Use of Justices of the Peace in Scotland (Hodge, 1931)

Whetstone, Ann E, Scottish County Government: in the eighteenth and nineteenth centuries (John Donald, 1981)

References

[1] For the furtherance and setting forth of the criminal justice over all the realm, 1587. The Records of the Parliaments of Scotland to 1707, [RPS] ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1587/7/67 <http://www.rps.ac.uk/trans/1587/7/67> [accessed 12 August 2021].

[2] Act regarding the commissioners and justices of peace,1609. RPS 1609/4/26 <http://www.rps.ac.uk/trans/1609/4/26>; Commission and instructions to the justices of peace and constables, 1661. RPS 1661/41/23 <http://www.rps.ac.uk/trans/1661/1/423> [both accessed 12 August 2020].

[3] Act for rendering the Union of the Two Kingdoms more entire and complete, 1707 (6 Anne c.6).

[4] Transfer of Functions (Justices of the Peace) (Scotland) Order, 1955, no. 240.

[5] Small Debts (Scotland) Act 1795 (35 Geo. III c.123).

[6] Alehouses Licensing Act 1756 (29 Geo. II c.12).

[7] Liquor Licensing (Scotland) Act 1828 (9 Geo. IV c.58).

[8] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50).

[9] Licensing (Scotland) Act 1903 (3 Edw. VII c.25).

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

[11] Children and Young Persons (Scotland) Act 1932 (22 & 23 Geo. V c.47).

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

[13] District Courts (Scotland) Act 1975 (c.20).

[14] Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp.6).

Joint hospital boards

Joint hospital boards were set up when local authorities combined under enabling powers in the various public health and local government acts. One or more burghs might combine with parochial boards (until 1889) or the county council (after 1889) to provide a hospital which would then be governed by a joint board.

The Public Health (Scotland) Act 1867 permitted local authorities (town councils, police commissioners or parochial boards) to combine to provide hospitals. [1] The Local Government (Scotland) Act 1889, transferred the power to build hospitals from parochial boards to county councils.[2] The Public Health (Scotland) Act 1897 enabled local authorities to combine to provide and maintain hospitals for people with infectious diseases and convalescent hospitals.[3]

Joint hospital boards were no longer required from 1930 because the Local Government (Scotland) Act 1929 gave responsibility for hospitals to county councils and the town councils of large burghs and removed it from small burghs.[4] The act provided for the possibility of continuing combinations but in practice this was not necessary for hospital provision.[5]

Surviving records of joint hospital boards are held by local authority archives services.

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

Related Knowledge Base entries

Hospitals before the NHS

Hospitals and local health provision under the NHS

Bibliography

McLachlan, Gordon (ed.) Improving the Common Weal: Aspects of Scottish health services 1900-1984 (Edinburgh University Press for the Nuffield Provincial Hospitals Trust, 1987)

References

[1] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.39.

[2] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50) s.17.

[3] Public Health (Scotland) Act 1897 (60 & 61 Vict. c.38) s.66.

[4] Local Government (Scotland) Act, 1929 (19 & 20 Geo. V c.25) s.27.

[5] Local Government (Scotland) Act, 1929 (19 & 20 Geo. V c.25) s.11.

Islands Councils

Islands councils in Scotland were established under the terms of the Local Government (Scotland) Act, 1973.[1] Under this legislation, a two-tier system of local government applied to the mainland of Scotland but three islands councils (Shetland, Orkney and Western Isles) were established as single-tier authorities with responsibilities for all local authority functions. In 1996 these three councils continued under the new unitary system.[2]

In 1997 Western Isles Council changed its name to Comhairle nan Eilean Siar.[3]

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Regional Councils

District Councils (1975-1996)

District Councils (1930-1975)

Bibliography

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

Kerley, Richard with Mark Urquhart, Local authority organisation and management in Scotland 1975-1996 (Scottish Office Central Research Unit, 1997)

McConnell, Allan, Scottish Local Government (Edinburgh University Press, 2004)

References

[1] Local Government (Scotland) Act 1973 (c.65).