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                  Vehicle Registration

                  From 1904 until the setting up of the Driving and Vehicle Licensing Centre (DVLC) in 1978, local councils in Scotland carried out road vehicle licensing.

                  1903-1920

                  The registration of road vehicles had been envisaged in the last decades of the nineteenth century, primarily to aid the policing of speed limits laid down in acts of parliament concerning roads. However, a registration system for motor vehicles was not implemented until 1903, under the Motor Car Act.[1] In Scotland registration was a function of county councils and town councils of the four largest burghs (Aberdeen, Dundee, Edinburgh, and Glasgow). From 1904 registers were kept of all motorcars and motorcycles (either in combined or in parallel registers) and licenses were to be issued to drivers (although no driving test was required). Number plates had to be attached to the front and rear of each vehicle, and these carried a combination of letters and numbers, which identified the county or burgh of registration. In Scotland all registration numbers included the letters G, S or V.

                  1920-1969

                  In 1919 vehicle registration in the UK was placed under the supervision of the newly formed Ministry of Transport, but the administration of the system was left in the hands of county and burgh authorities under the Roads Act of 1920.[2] In Scotland the town councils of Coatbridge, Greenock, Kirkcaldy, Motherwell & Wishaw, and Paisley became licensing authorities in addition to the county councils and the four cities:  the qualification was set as a population over 50,000.  The act confirmed the letter ‘S’ as a vehicle identifier specific to Scotland, but the letters G and V were no longer to be applied solely to Scottish registrations. Separate registers for motorcycles were abolished.  Record keeping changed. In addition to the bound register(s) of cars, motorbikes and licenses issued, registration authorities were now to keep a record card for each registration mark, and a file on each vehicle.  Although this made vehicle identification easier, the triplication of record keeping led to local variations in how records were kept, and in most cases the quality of information entered in bound registers began to deteriorate, as local authorities put most effort into keeping and updating the file and card records.

                  National Registration System, 1969-1978

                  The 1969 Vehicle and Driving Licences Act set up the centralised (and computerised) Driving and Vehicle Licensing Centre (DVLC) in Swansea, South Wales, which became the Driver and Vehicle Licensing Agency (DVLA) in 1990. The transition from local record keeping to national registration was supposed to have been completed by 1975, but local record keeping in some areas continued until 31 March 1978. The transition period coincided with the reorganisation of local authorities in Scotland (and England and Wales) and this was to have a serious effect on the preservation of the historical registers and other records.

                  Survival of Local Registers

                  Local registration offices were instructed, by the Department of the Environment, to transfer their surviving vehicle files to the DVLC in Swansea and to transfer registers to local archive services. However, during the transition period in the mid-1970s, few Scottish local authorities maintained a professional archive service, and those that did were heavily involved in the reorganisation of local government. Those local archive services that did exist made attempts in the 1970s and 1980s to locate and preserve surviving local registers and other registration records with varying degrees of success. Some managed to acquire them directly from local vehicle taxation offices. In many cases the survival of records from former counties and burghs was depressingly poor. Some registration offices may have destroyed records during their winding-up. Others may have been casualties of the reorganisation of local government administration. Others appear to have been transferred to Scottish police forces, some of which, in turn, destroyed them in the 1980s. Some records passed into private hands, either directly from local taxation offices when they closed, or via police forces, when these disposed of records in the 1980s. For a list of surviving local records see the Frequently Asked Question 1 below.

                  Contributors: Robin Urquhart (SCAN, 2002); Robert Steward and Christine Lodge (both Highland Council Archives, 2002); Steve Connelly (Perth & Kinross Council Archives, 2002); Iain Flett (Dundee City Archives, 2002).

                  Bibliography

                  Riden, Philip, How to Trace the History of Your Car: a guide to motor vehicle registration records in Great Britain, Ireland, the Isle of Man and The Channel Islands (Merton Priory Press, 1998).

                  Dundee Motor Registrations TS1 – TS1000, ed by J.G.L. Wright, (Friends of Dundee City Archives, 2003)

                   

                  References

                  [1] Motor Car Act 1903 (3 Edw VII c.36).

                  [2] Roads Act 1920 (10 & 11 Geo V c.72).

                   

                  Where can I find registration records for former (pre-1978) Scottish vehicle licensing offices?

                  Not all the vehicle registration records still survive.  Some can be found in local authority archives services and the Kithead Trust holds some records. <https://kitheadtrust.org.uk/ > [accessed 26 April 2024]. The following information is taken from Philip Riden, How to Trace the History of Your Car: a guide to motor vehicle registration records in Great Britain, Ireland, the Isle of Man and The Channel Islands (Merton Priory Press, 1998). In most cases the records listed are registers, but some are the registration cards (compiled under the 1920 Roads Act). For further details see Riden

                  County vehicle registration records

                  Aberdeenshire

                  Records for index marks AV and SA, 1921-48, with Kithead Trust.

                  Angus

                  Registers for index marks SR, 1903-74, are with Dundee City Archives, other records for index marks SR, 1921-48 with Kithead Trust.

                  Argyllshire

                  Registers for index marks SB, 1903-20, with Argyll & Bute Archives, other records for index marks SB, 1921-48, with Kithead Trust.

                  Ayrshire

                  All registration records for index marks AG, CS, and SD presumed destroyed.

                  Banffshire

                  Registers for index marks SE, location unknown.

                  Berwickshire

                  Records for index marks SH, 1903-46, with Kithead Trust.

                  Buteshire

                  Registers for index marks SJ, 1903-31, with Glasgow City Archives.

                  Caithness

                  Record cards index marks SK, 1921-48, with Kithead Trust. Registers for index marks SK are  believed to be in private hands. Enquiries to Highland Archive Service.

                  Clackmannanshire

                  All registration records for index marks SL presumed destroyed.

                  Dumfriesshire

                  Registers for index marks SM, 1903-70, with Dumfries & Galloway Archives, other records for index marks SM, 1921-48, with Kithead Trust.

                  Dunbartonshire

                  Records for index marks SN, 1921-48, with Kithead Trust.

                  East Lothian

                  Records for index marks SS, 1921-48, with Kithead Trust.

                  Fife

                  Records for index marks FG and SP, 1921-48, with Kithead Trust.

                  Forfarshire (see Angus)

                  Haddingtonshire (see East Lothian).

                  Inverness-shire

                  Registers for index marks ST, 1903-75, with Highland Archive Service, other records for index marks ST, 1921-48, with Kithead Trust.

                  Kincardineshire

                  Records for index marks SU, 1921-48, with Kithead Trust.

                  Kinross-shire

                  Registers for index marks SV, 1904-52, with Perth & Kinross Archives. But note that SV is a popular registration because it appears to have been issued for re-registered vehicles for vehicles before 1931 (vintage) and for vehicles between 1931 and 1963. Perth & Kinross Archives do not hold information on re-registrations.

                  Kirkcudbrightshire

                  Registers for index marks SW, 1903-76, with Dumfries & Galloway Archives.

                  Lanarkshire

                  Records for index marks VA, 1922-48, and VD, 1930-48, with Kithead Trust. All records for index marks V presumed destroyed.

                  Linlithgowshire (see W Lothian)

                  Midlothian

                  Records for index marks SY, 1949-52, with Edinburgh City Archives.

                  Morayshire

                  Registers for index marks SO, 1903-46, with Moray Heritage Officer.

                  Nairnshire

                  All records for index marks AS presumed destroyed.

                  Orkney

                  Registers for index marks BS, 1904-76, with Orkney Archives. Other records for index marks BS, 1904-60, with Kithead Trust.

                  Peebleshire

                  All records for index marks DS presumed destroyed.

                  Perthshire

                  Records for index marks ES, c.1904-1920s, with Perth & Kinross Archives. Other records for index marks ES, 1904-45, with Kithead Trust. All records for index marks GS presumed destroyed.

                  Renfrewshire

                  Registers for index marks HS, 1903-49, with Glasgow City Archives.

                  Ross & Cromarty

                  Records for index marks JS, 1974, Highland Archive Service, other records for index marks JS, 1921-48, with Kithead Trust.

                  Shetland

                  Registers for index marks PS, 1904-72, with Shetland Archives.

                  Stirlingshire

                  Registers for index marks MS, 1903-20, with Stirling Council Archives. All records for index marks WG presumed destroyed.

                  Sutherland

                  Registers for index marks NS, 1904-26, with Highland Archive Service, other records for index marks NS, 1921-48, with Kithead Trust.

                  West Lothian

                  Records for index marks SX, 1904-21 and 1934-58, with Edinburgh City Archives, other records for index marks SX, 1921-48, with Kithead Trust.

                  Wigtownshire

                  Registers, 1904-1973, are held by Stranraer Museum, The Old Town Hall, George Street, Stranraer DG9 7JP.

                  Burgh vehicle registration records

                  Burgh (Index mark) Surviving Dates Location of records
                  Aberdeen (RG) 1921-48 Kithead Trust
                  Aberdeen (RS) Presumed Destroyed
                  Coatbridge (XB) Destroyed
                  Dundee (TS) 1904-81 Dundee City Archives*
                  Dundee (YJ) 1932-1964 Dundee City Archives
                  Edinburgh (FS) 1921-48 Kithead Trust
                  Edinburgh (S) 1921-48 Kithead Trust
                  Edinburgh (SC) 1921-48 Kithead Trust
                  Edinburgh (SF) 1921-48 Kithead Trust
                  Edinburgh (SG) 1921-48 Kithead Trust
                  Glasgow (G) 1921-48 Kithead Trust
                  Glasgow (GA) 1921-48 Kithead Trust
                  Glasgow (GB) 1921-48 Kithead Trust
                  Glasgow (GD) 1921-48 Kithead Trust
                  Glasgow (GE) 1928-48 Kithead Trust
                  Glasgow (GG) 1930-48 Kithead Trust
                  Glasgow (US) 1933-48 Kithead Trust
                  Greenock (VS) 1921-48 Kithead Trust
                  Kirkcaldy (XA) Destroyed
                  Motherwell & Wishaw (GM) 1921-48 Kithead Trust
                  Paisley (XS) 1921-48 Kithead Trust

                  *Published as Dundee Motor Registrations TS1 – TS1000, ed. by J.G.L. Wright, (Friends of Dundee City Archives, 2003)

                  How can I tell where a car was registered from its pre-1978 registration plate?

                  The following is a list of Scottish motor vehicle registrations. For other British and Irish vehicle registration index marks consult Philip Riden, How to Trace the History of Your Car: a guide to motor vehicle registration records in Great Britain, Ireland, the Isle of Man And The Channel Islands (Merton Priory Press, 1998).

                  Vehicle Registration County, City or Burgh
                  AG Ayrshire
                  AS Nairnshire
                  AV Aberdeenshire
                  BS Orkney
                  CS Ayrshire
                  DS Peeblesshire
                  ES Perthshire
                  FG Fife
                  FS Edinburgh City
                  G Glasgow City
                  GA Glasgow City
                  GB Glasgow City
                  GD Glasgow City
                  GE Glasgow City
                  GG Glasgow City
                  GM Motherwell & Wishaw Burgh
                  GS Perthshire
                  HS Renfrewshire
                  JS Ross & Cromarty
                  MS Stirlingshire
                  NS Sutherland
                  PS Shetland
                  RG Aberdeen City
                  RS Aberdeen City
                  S Edinburgh City
                  SA Aberdeenshire
                  SB Argyll
                  (but note that there was a fashion for owners of cars manufactured by the Argyll Motor Company of Glasgow to register them in Argyll regardless of where their owners lived)
                  SC Edinburgh City
                  SD Ayrshire
                  SE Banffshire
                  SF Edinburgh City
                  SG Edinburgh City
                  SH Berwickshire
                  SJ Buteshire
                  SK Caithness
                  SL Clackmannanshire
                  SM Dumfriesshire
                  SN Dunbartonshire
                  SO Morayshire
                  SP Fife
                  SR Angus
                  SS East Lothian
                  ST Inverness-shire
                  SU Kincardineshire
                  SV Kinross-shire
                  (But note that SV is a popular registration because it appears to have been issued for re-registered vehicles for vehicles before 1931 (vintage) and for vehicles between 1931 and 1963.
                  SW Kirkcudbrightshire
                  SY Midlothian
                  TS Dundee City
                  US Glasgow City
                  V Lanarkshire
                  VA Lanarkshire
                  VD Lanarkshire
                  VS Greenock Burgh
                  WG Stirlingshire
                  XA Kirkcaldy Burgh (from 1960s, previously allocated to London)
                  XB Coatbridge Burgh (from 1960s, previously allocated to London)
                  XS Paisley Burgh
                  YJ Dundee City (from 1932)

                  What sort of information will a vehicle or licensing register for a county or burgh tell me about a vehicle and its owner(s)?

                  If the vehicle licensing register for a county or burgh survives, it may contain quite a lot of useful information, or it may contain very little. The problem is that, after the Roads Act of 1920, record keeping by licensing authorities became gradually less standardised. Some authorities kept registers faithfully, while others merely listed the registration number without any other details (putting more efforts into keeping the card record system).

                  The registers themselves are usually quite bulky. Where information has been entered consistently and competently, there are lots of details, such as the name and address of the licensee, the type of vehicle, and subsequent changes in registration.

                  Utilities – Gas and Electricity Supply

                  Utilities – Gas and Electricity Supply

                  Local authority involvement in gas and electricity supply resulted from the provision of street lighting. The first general police act enabled burghs to ‘contract for lighting in a suitable manner, with Oil, Gas or otherwise’.[1] Subsequent legislation continued to permit contracts and by 1862 extended the lighting provisions to enable local authorities to compel owners to light private streets, closes and other areas.[2]

                  The companies which local authorities contracted to supply gas were private, commercial enterprises incorporated by acts of parliament such as the Glasgow Gas-Light Co incorporated in 1817 and the Paisley Gas Co, incorporated in 1823.[3] Each change to the working capital and loan facilities of these companies required new acts of parliament and in 1847 and 1871 the Gasworks Clauses Acts set out common clauses and principles to be used in provisional orders and subsequent legislation.[4] However, it become more practical for the local authority itself to make and supply gas, whether by constructing their own works or by taking over local private gas companies, through local acts of parliament, such as the Glasgow Corporation Gas Act 1869 or the Falkirk Corporation Gas Act 1894.[5] The Burghs Gas Supply (Scotland) Act 1876 empowered town councils to undertake the supply of gas within their burgh, enabling them to appoint a gas committee, erect gasworks and purchase any company which had not been incorporated by act of parliament or authorised by a provisional order confirmed by Parliament, The act did not empower burghs to supply gas in another burgh or in an area of commercial gas company incorporated by act of parliament, effectively preventing direct competition, but it did permit them to contract to light adjoining burghs. In 1892 burghs were permitted to appoint an inspector of lighting and this post remained in the legislation until local government reorganisation in 1975 when references to most local authority job titles in previous legislation were repealed and replaced by the generic term ‘proper officer’.[6]

                  This legislation only applied to burghs. Under the Local Government (Scotland) Act 1894, special lighting districts could be formed which allowed the district committee to adopt the lighting clauses of the Burgh Police (Scotland) Act 1892 and the Burgh Gas Supply (Scotland) Act 1876, but this appears not to have happened.[7]

                  In 1934 the complaints from consumers about gas prices led to the Gas Undertaking Act 1934 which required the local authority to appoint a gas examiner unless they supplied gas to the public themselves. In the latter case, the appointment was made by the sheriff but the post’s salary and expenses were still the responsibility of the local authority.[8]

                  Until 1948, gas was manufactured and supplied by multiple private and local authority operated gas companies. Under the Gas Act, 1948 existing gas companies including local authority gas corporations were vested into twelve area gas boards, each an autonomous body with its own chairman and board structure.[9] The Scottish Gas Board was established on 1 May 1949 and dissolved in 1973 when it became a region of the British Gas Corporation.

                  Electricity began to emerge as an alternative method of lighting streets in the late 19th century and by 1892 the legislation mentioned electricity alongside gas.[10] The general Electricity Acts allowed the Board of Trade to authorise the supply of electricity in a local area by individuals, companies or local authorities.[11] From 1919 the Ministry of Transport replaced the Board of Trade in this role.

                  Until 1947, electricity was generated by companies and local authority corporations but there was a gradual move towards greater central co-ordination of supply. In 1919 Electricity Commissioners were appointed to establish electricity districts and joint electricity authorities were set up to ‘provide or secure the provision of a cheap and abundant supply of electricity within their district’.[12] In 1926 the Central Electricity Board was established while the Electricity Commissioners were made responsible for preparing a scheme for interconnection and standardisation of frequency.[13] The North of Scotland Hydro-Electric Board was established in 1943 as a public authority with a duty to generate electricity and supply it to authorised undertakers, consumers and the Central Electricity Board.[14]

                  The Electricity Act 1947 nationalised the electricity supply industry.[15] This replaced the Central Electricity Board with the British Electricity Authority and established 14 area boards including the South East Scotland Electricity Board and the South West Scotland Electricity Board. The North of Scotland Hydro-Electric Board was not one of the 14 Area Boards and continued as a separate body. At the time there were 51 authorised suppliers of electricity in Scotland, more than half of which were local authority corporations.[16] Alongside the Area Boards, Electricity Consultative Councils were set up as independent advisory bodies and these were replaced by the Office for Electricity Regulation in 1990.[17]

                  Records of local electricity companies and local gas undertakings may be held by local authority archives services, particularly where these companies were operated by the local authorities.

                  The National Records of Scotland (NRS) holds the records of the Scottish Gas Board and some of its predecessor companies, 1821-1979, (reference code GB). NRS also holds the records of the North of Scotland Hydro-Electric Board (reference code NSE), the South of Scotland Electricity Board (reference code SSE), the Electricity Consultative Councils (reference code ELC) and there are related government files from the Scottish Development Department (DD11) and the Scottish Office Industry Department (SEP14). NRS also hold records of gas and electricity companies in the records of dissolved companies (BT2).

                  Compiler: Elspeth Reid (2021)

                  Bibliography

                  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. 4. c.46) s.108.

                  [2] Police (Scotland) Act 1850 (13 & 14 Vict. c.33) s.215; General Police and Improvement (Scotland) Act 1862 (25 & 26 Vict. c.101) s.126, s.130.

                  [3] Glasgow Gas Local Act 1817 (57 Geo. III c.xli); Paisley Gas Local Act 1823(4 Geo. IV c.lxxii ).

                  [4] Gasworks Clauses Act 1847 (10 & 11 Vict. c.15).

                  [5] Glasgow Corporation Gas Act 1869 (32 & 33 Vict. c.lviii); Falkirk Corporation Gas Act 1894 (57 & 58 Vict. c.lxviii).

                  [6] Burgh Police (Scotland) Act 1892 (55 & 56 Vict. c.55) s.74; Local Government (Scotland) Act 1973 (c.65).

                  [7] Local Government (Scotland) Act 1894 (57 & 58 Vict. c.58) s.44; Burgh Police (Scotland) Act 1892 (55 & 56 Vict. c.55) s.99-105; Whyte, W E The Local Government (Scotland) Act, 1929: a popular exposition of its provisions (Hodge & Co, 1929) pp.485-87

                  [8] Gas Undertakings Act 1934 (24 & 25 Geo. V c.28).

                  [9] Gas Act, 1948 (11 & 12 Geo. VI c.67).

                  [10] Burgh Police (Scotland) Act 1892 (55 & 56 Vict. c.55) s.99.

                  [11] Whyte, pp. 505-515.

                  [12] Electricity (Supply) Act 1919 (9 & 10 Geo. V c.100) s.8.

                  [13] Electricity (Supply) Act 1926 (16 & 17 Geo. V c.51).

                  [14] Hydro-Electric Development (Scotland) Act 1943 (6 & 7 Geo. VI c.32).

                  [15] Electricity Act 1947 (10 & 11 Geo. VI c.54).

                  [16] Electricity Act 1947 (10 & 11 Geo. VI c.54) Sch.2.

                  [17] Electricity Act 1989 (c.29)

                  Trading standards & Consumer Protection

                  Local authorities have had responsibilities for protecting consumer and trader rights in one form or another since the 12th century. These include:

                  • control of weights and measures[1]
                  • monitoring and enforcing accurate description and labelling of goods[2]
                  • inspecting and enforcing standards of goods and materials[3]
                  • enforcing hallmarking of precious metals[4]
                  • enforcing age-restrictions on the sale of some goods (tobacco, alcohol, fireworks)[5]

                  The details of the responsibilities can be traced through a multiplicity of legislation. Most required the registration of premises or licensing of activities, resulting in registers, inspection reports and other records. Surviving records may be held by local authority archives services or council records management systems.

                  Initially royal burghs were responsible for implementing and enforcing standards. During the 19th century this was extended to police burghs and counties. In 1929 most responsibilities were limited to counties and large burghs. In 1973 these were transferred to regional and islands council and in 1994 to unitary councils.

                  Compiler: Elspeth Reid (2021)

                  Related Knowledge Base entries

                  Weights and measures – origins of weights and measures in Scotland

                  Weights and measures – Scottish distance and area

                  Weights and measures – Scottish Dry Capacity

                  Weights and Measures – Scottish Liquid Capacity

                  Weights and Measures – Scottish Weight

                  Bibliography

                  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] See, for example, Concerning all measures and weights, 1555. The Records of the Parliaments of Scotland to 1707, ed. by K.M. Brown and others (University of St Andrews, 2007-2021), A1555/6/21. <http://www.rps.ac.uk/trans/A1555/6/21> [accessed: 12 October 2021]; Weights and Measures Act, 1878 (41 & 42 Vict. c.49).

                  [2] Fabrics (Misdescription) Act 1913 (3 & 4 Geo. V c.17); Agricultural Produce (Grading and Marking) Act 1928 (18 & 19 Geo. 5. c.19); Consumer Protection Act 1961 (9 & 10 Eliz II c. 40); Fair Trading Act 1973; Consumer Credit Act 1974 (c.39); Consumer Protection Act 1987 (c.43).

                  [3] Rag Flock and Other Filling Materials Act 1951 (c. 63); Trade Descriptions Act 1968 (c. 29); Consumer Protection Act 1987 (c.43).

                  [4] Hallmarking Act 1973 (c.43).

                  [5] Children and Young Persons (Scotland) Act 1937 (1 Edw. VIII & 1 Geo. VI c.37); Fireworks Act 2003 (c.22).

                  Tourism

                  Tourism became a public function with the Development of Tourism Act 1969 which set up the British Tourist Authority and tourist boards for Scotland, England and Wales, with powers to give financial assistance to hotels and tourist facilities and to establish registration and grading of hotels and accommodation.[1] Tourism became a local authority function when the Local Government (Scotland) Act 1973 enabled local authorities to encourage visitors to their area for recreation, health, conferences, trade fairs or exhibitions and attract people to set up conferences, trade fairs or exhibitions[2]. The Local Government and Planning (Scotland) Act 1982 limited that function to district and islands councils and enabled tourism schemes in consultation with the Scottish Tourist Board. By 1984, when the Scottish Tourist Board was permitted to advertise in other countries, the Scottish Tourist Board had set up 32 area tourist boards.[3] However, some districts did not participate in this network.

                  In 1994 the relationship of area tourist boards to local authorities was re-defined.[4] The Secretary of State for Scotland was required to set up area tourist boards. The new unitary authorities were empowered to participate in these area tourist boards and to set up, improve or support conference facilities. However, they were not permitted to carry out tourism promotion activities without the consent of the Secretary of State for Scotland.

                  The Tourist Board (Scotland) Act 2006 changed the name of the Scottish Tourist Board to VisitScotland, abolished area tourist boards and transferred all assets to what became VisitScotland.[5]

                  Compiler: Elspeth Reid (2021)

                  Bibliography

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

                   

                  References

                  [1] Development of Tourism Act 1969 (c.51).

                  [2] Local Government (Scotland) Act 1973 (c.65) s.90.

                  [3] Tourism (Overseas Promotion) (Scotland) Act 1984 (c.4).

                  [4] Local Government etc (Scotland) Act 1994 (c.39) s.172.

                  [5] Tourist Board (Scotland) Act 2006 (asp 15).

                  Sport

                  This Knowledge Base entry is about local authority responsibilities for sport.  These responsibilities were originally focused on schools. In 1908, local authorities were given responsibilities to ensure adequate physical exercise in continuation classes (for over 14s who had left school) and permitted to appoint specialist teachers of physical exercise.[1] Similar provision for children in nursery classes was added in 1918.[2] Subsequent legislation included requirements for education authorities to provide adequate facilities for recreation and for physical and social training.[3] This included enabling legislation to assist in the establishment, management and maintenance of facilities outwith schools, such as camps, playing fields, swimming baths and gymnasiums.

                  The Physical Training and Recreation Act 1937 enabled local authorities to acquire land and construct buildings for gymnasiums, playing fields, campsites, or use by athletic, social or educational clubs for exercise, recreation and social purposes.[4] In 1958 the local authorities were enabled to make loans to voluntary organisations for these types of facilities.[5] The Local Government (Scotland) Act 1973 transferred these functions to regional, district and islands councils and gave regional councils a duty in consultation with district councils to ensure there was sufficient provision for social, cultural and recreative facilities.[6] The Local Government and Planning (Scotland) Act 1982 restricted this function to district and islands councils but added sport to the list of activities and facilities they were empowered to develop and fund.[7] These responsibilities were transferred to unitary authorities in 1996.[8] From 2007 onwards, some councils set up trusts, which could acquire charitable status, to manage council-owned facilities and provide sports functions on behalf of the council.

                  Records of local authority operated sports facilities and activities may be held by local authority archives services. The National Records of Scotland hold the records relating to the Central Council of Physical Recreation and the Scottish Sports Council as well as records relating to local byelaws on recreation grounds.

                  Local authority archives services and university archives may hold records of local voluntary and professional sports clubs, (such as the West of Scotland Football Club [rugby] at East Dunbartonshire Archives. The National Library of Scotland holds records of a wide range of sports clubs and societies. Stirling University Archives holds the records of Commonwealth Games Scotland and a number of specialist museums hold records relating to their sport, such as the Scottish Football Museum and the Scottish Golf Museum.

                  Compiler: Elspeth Reid (2021)

                  Related Knowledge Base entries

                  Leisure and recreation

                  Bibliography

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

                   

                  References

                  [1] Education (Scotland) Act 1908 (8 Edw. VII c.63) s.10, s.17.

                  [2] Education (Scotland) Act 1918 (8 & 9 Geo. V c.48) s.5.

                  [3] Education (Scotland) Act 1946 (9 & 10 Geo. VI c.72) s.3.

                  [4] Physical Training and Recreation Act 1937 (1 Edw. VIII and 1 Geo. VI c.46).

                  [5] Physical Training and Recreation Act 1958 (c.36).

                  [6] Local Government (Scotland) Act 1973 (c.65) s.91.

                  [7] Local Government and Planning (Scotland) Act 1982 (c.43) ss.14-18.

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

                  Social Work

                  Social work departments were set up following the Social Work (Scotland) Act 1968 which gave responsibility for social work functions to local authorities.[1] From this point, social work covered wide-ranging responsibilities for the social welfare of persons in need, for children, for offenders under probation or released from prison and for child offenders and the children’s hearings system (children’s panels). These powers and responsibilities were not all new, but the 1968 Act was comprehensive in scope, replacing or consolidating previous legislation on children, public assistance and offenders and introducing some new concepts.

                  The 1968 Act gave social work responsibilities to county councils and to large burghs as defined under the Local Government (Scotland) Act 1947.[2] Small burghs were considered part of the relevant county for social work purposes. The Local Government (Scotland) Act 1973 transferred responsibility for social work to regional and islands councils.[3] The Local Government etc (Scotland) Act 1994 transferred responsibilities to the unitary councils.[4]

                  The 1968 Act required the relevant local authorities to establish a social work committee (which replaced the old children’s committee under the Children Act 1948) and to appoint a director of social work whose qualifications had to meet those prescribed by the Secretary of State for Scotland.[5] The 1994 Act replaced the obligation to appoint a director of social work with the obligation to appoint a chief social work officer, holding prescribed qualifications.[6]

                  The 1968 Act was amended by the NHS and Community Care Act, 1990 and the Children (Scotland) Act 1995. Additional responsibilities were introduced by various statutory instruments. Social work departments in local authorities increased in budgets and staffing following local government re-organisation in 1975 and by 1996 social work budgets and staffing were second only to education services.

                  Social Work as a function of local authorities dealt broadly with three main areas of work –children, young people and families; community care; and the criminal justice system. From 2015 local authorities were allowed to delegate these functions to integration joint boards for health and social care but, by 2018, in practice only the community care function was delegated.[7]

                  Records relating to social work clients are normally not transferred to archives services and clients have a right of access and should contact the relevant social work provider. Minutes and papers of the social work committee and related material may be found in local authority archives services. The National Records of Scotland holds the minutes of the Advisory Council on Social Work, research and annual reports on social work in Scotland and other related material.

                  Compiler: Elspeth Reid (2021)

                  Related Knowledge Base entries

                  Criminal justice services

                  Care of children, young people and families

                  Records relating to children and young people

                  Bibliography

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

                  McNeill, Fergus, & Bill Whyte, Reducing Reoffending: Social work and community justice in Scotland (Willan Publishing, 2007)

                  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]

                  Turbett, Colin Community social work in Scotland. A critical history. (Iriss, SASW and Social Work Scotland, 2018)

                   

                  References

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

                  [2] Social Work (Scotland) Act 1968 (c.49) s.1.

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

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

                  [5] Social Work (Scotland) Act 1968 (c.49) ss.2-3.

                  [6] Local Government (Scotland) Act 1994 (c.39) s.45.

                  [7] Public Bodies (Joint Working) (Scotland) Act 2014 (2014 asp 9).

                  Slaughterhouses

                  Slaughterhouses

                  Slaughterhouses existed long before local authorities became involved in providing them. In the 17th century concern about the filth and fire hazards in the burgh of Edinburgh resulted in the privy council banning butchers from slaughtering animals in the burgh and allowing them instead to have slaughterhouses beside the North Loch.[1]

                  The Burgh Police (Scotland) Act 1833 allowed burgh magistrates to establish a burgh slaughterhouse or shambles and thereafter prevent slaughter of cattle or other beasts anywhere else in the burgh.[2] Subsequently the various general burgh police acts included provision for burgh slaughterhouses with the same right to a monopoly within the burgh boundaries.[3] The Public Health (Scotland) Act 1867 established a requirement for local authority consent for new or proposed extensions to slaughterhouses.[4] From 1897 slaughterhouses had to be licenced by the local authority for public health and the right of local authorities to provide slaughterhouses was extended to the landward areas outwith burghs.[5] By the mid-20th century, this monopoly was removed and the local authority role became a duty to ensure there were adequate facilities for the slaughter of animals, with a continuing right to provide a public slaughter house and charge for its use.[6]

                  Regulations for slaughterhouses were gradually introduced in relation to animal welfare as well as ensuring the meat was fit for human consumption.[7]

                  Compiler: Elspeth Reid (2021)

                  Related Knowledge Base entries

                  Sanitary Inspection & Environmental Health

                  Food Labelling, Standards & Hygiene

                  Bibliography

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

                   

                  References

                  [1] ACT XXIX Ratification of the act of secret council against bakers, brewers, butchers and candle-makers of Edinburgh, 1621 The Records of the Parliaments of Scotland to 1707, ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1621/6/41.<http://rps.ac.uk/trans/1621/6/41> [accessed 3 June 2021].

                  [2] Burgh Police (Scotland) Act 1833 (3 & 4 Will IV c.46) s.112.

                  [3] General Police and Improvement (Scotland) Act, 1862; Burgh Police (Scotland) Act 1892 ss.278-287.

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

                  [5] Public Health (Scotland) Act 1897 (60 & 61 Vict c.38) ss.33-34.

                  [6] Slaughterhouse Act 1954 (c.42) ss.7-8; Slaughterhouses Act 1974 (c.3) s.15.

                  [7] Slaughter of Animals (Scotland) Act 1928 (c.29).

                   

                  Scottish Judicial Sentences

                  Scottish Judicial Sentences

                  Until the early 19th century most punishments meted out by Scottish courts were banishment, death, transportation, monetary fine, corporal punishment, and public humiliation (such as the pillory). In the early 19th century imprisonment for up to four years became a recognised form of punishment, usually for lesser offences such as theft or reset. Punishments awarded by courts in Scotland were termed the ‘sentences competent’.

                  Death

                  The most frequent mode of execution in Scotland from medieval times has been death by hanging or strangulation. In most cases of convicted witches burning at the stake was carried out after strangulation in most cases. Burning to death, and other extreme sentences (such as quartering) were very rarely used, usually for traitors or those involved in attempted regicide. Sentence of death was not as frequent as is popularly supposed: in the second half of the 18th century there were about 6 executions per year in the whole of Scotland, and the average dropped in the 19th century. The last public hanging took place in 1868. Under the Capital Punishment Amendment Act 1868, executions were thereafter carried out within prisons.[1] The Murder Act 1751 allowed the use of the bodies of executed murderers to be used for dissection.[2] The Anatomy Act 1832 appointed prisoners convicted of murder to be sentenced either to be hung in chains or buried within the precincts of the prison, but the former was abolished by the Hanging in Chains Act 1834.[3] In the early 19th century death sentences were passed on robbers, forgers, housebreakers and thieves, as well as murderers. The Forgery Act 1837 ended the capital penalty for forgery of official documents and the Punishment of Offences Act 1837 ended it also for certain other crimes.[4] By the end of the 19th century, it had become limited to treason, murder and attempted murder. In August 1963 the last hanging took place in Scotland. The death sentence was abolished in the UK in 1965. [5] Further information can be found in published works, such as Alex F. Young, The Encyclopaedia of Scottish Executions, 1750-1963 (Eric Dobby, 1998) and T. M. Tod, The Scots Black Kalendar – A record of Criminal Trials and Executions in Scotland, 1800-1910 (Munro & Scott, 1938), reprinted as Scottish Crime and Punishment (Lang Syne, 1985).

                  Banishment

                  Banishment from a burgh or a specified part of Scotland was a common form of punishment from medieval times until its abolition by the 1830 the Criminal Law (Scotland) Act.[6] Sentences of banishment were sometimes accompanied by whipping, and if the offender returned before the expiry of the period prescribed, he or she could suffer more severe penalties, such as death, imprisonment or whipping.

                  Transportation

                  Transportation ‘beyond the seas’, originally to Virginia or Barbados, was a sentence imposed by the Privy Council from at least the mid-17th century. In 1776 American independence ended the use of America as a possible destination for transportees. In 1786 sentences of transportation were resumed, but the destination was now to Australia rather than North America. The first convoy of convicts reached Botany Bay in 1787. Transportation to New South Wales ceased in 1840 and to Western Australia in 1867. Overall, 187,000 convicts were sent to Australia. Convicts who returned to Scotland before the expiration of the term of transportation would be re-transported or even executed.

                  Penal servitude

                  The Penal Servitude Act 1853 restricted, but did not abolish, transportation.[7] Penal servitude was instituted as an alternative, and initially meant a period of imprisonment for a period equal to that for which the offender could have been transported. Later it came to mean any period of imprisonment greater than three years.

                  Imprisonment

                  By the 19th century imprisonment – the deprivation of liberty – was a recognised form of punishment, although usually for lesser offences. The maximum period, at first four years, was restricted to two years by the Penal Servitude Act 1891.[8] Sentences of imprisonment could be accompanied by recommendations for solitary confinement and limitation of diet to bread and water for periods of time. In the course of the 19th century the addition of hard labour was increasingly used by judges for certain offences. The treadmill, the hand crank and picking oakum were all used in Scottish prisons. The Inebriates Act 1898 provided that habitual drunkards or persons convicted, while under the influence of drink, of offences punishable by imprisonment or penal servitude, might, instead of or in addition to any other sentence, be detained for not more than three years in a state inebriate reformatory. [9] The last remaining inebriate in the State Inebriate Reformatory, Perth, was discharged in October 1924.

                  Fines

                  Monetary fines were common for lesser offences such as assaults, petty riots and breaches of the peace, sometimes combined with an award of damages, solatium (damages for injury to feelings) and expenses to the party injured, where he or she had joined in the prosecution. Fines were often accompanied by imprisonment until payment was made or caution (security for the amount) found. In the 19th century a fine could be imposed as the sole penalty or in addition to imprisonment. The Summary Jurisdiction (Scotland) Act 1864 empowered courts to impose sentences of imprisonment for non-payment of fines, rather than ordering recovery of debts through poinding (the taking a debtor’s moveable property) and sale.[10] The act empowered inferior courts to substitute a fine for imprisonment and allow time for payment, which could be made by instalments.

                  Whipping or scourging

                  Whipping was a sentence imposed on males and females of all ages, particularly in burghs, from medieval times. It sometimes accompanied a sentence of banishment or, later, transportation or imprisonment. In the 19th century its used was gradually limited. The Whipping Act 1820 provided that females should not be whipped.[11] Under the Whipping Act of 1862 whipping was abolished for offenders over 16 years of age for all but a very few offences and whipping for children under 15 years of age was limited to a maximum of 12 strokes of the birch rod.[12] Whipping was finally abolished as a judicial punishment in 1948.[13]

                  The pillory and other forms of public humiliation

                  The most common form of public humiliation as a sentence for offences was the pillory until the Pillory Abolition Act 1836.[14] Other, more brutal, forms of humiliation or mutilation imposed by burghs included criminals having their ears nailed to the tron (the public weighing machine) and/or having the lap of their ears slit or cut away. In kirk sessions, the lowest ecclesiastical court in Scotland after the Reformation, offenders were made to stand in the place of public repentance, usually a stool, during services for a number of Sundays. By the late 18th century fines were more common than public repentance in kirk session cases.

                  Forfeiture of instruments

                  Forfeiture of instruments was the confiscation of implements used during an illegal act (for example, a net used in illegal fishing), usually in conjunction with another sentence. Acts empowering this included the Poaching Prevention Act 1862, the Salmon Fisheries (Scotland) Act 1868, and the Herring Fishery (Scotland) Act 1889.[15]

                  Caution for good behaviour

                  A prisoner might be required, separately or in addition to imprisonment, to find caution (financial security) for good behaviour for a number of years. Under the Summary Procedure (Scotland) Act 1864 it was limited to six months under penalty of £10 or 30 days’ imprisonment in addition to a fine.[16]

                  Infamy

                  Infamy consisted of publicly declaring a convict untrustworthy and debarring him from office, honour or of officiating on any inquest or assize. It was sometimes used in addition to other punishments, especially for offences such as fraudulent bankruptcy.

                  Probation

                  The Probation of First Offenders Act 1887 provided that where a person with no previous convictions was convicted of theft or false pretences, or any other offence punishable with not more than two years’ imprisonment, and if it appeared to the court that, having regard to the offender’s youth, character and antecedents, to the trivial nature of the offence and to any extenuating circumstances under which the offence was committed, the court could release the offender on ‘probation of good conduct’. [17] If he failed to observe the conditions he might be apprehended and punished. In addition, the offender might be required to find caution for good behaviour.

                  Pardon

                  From medieval times in Scotland the crown sometimes issued ‘writs of favour and reprieve’ but these had disappeared by the late 17th century. After this the crown occasionally granted free pardons. Conditional pardons were more common. The condition might be accepting banishment or transportation, or enlistment in the armed forces, or filling an unpopular post, such as executioner in a burgh. Pardons could be granted before or after conviction. The crown could also grant a respite or delay of execution, for a specified time or indefinitely.

                   

                  References

                  [1] Capital Punishment Amendment Act 1868 (31 & 32 Vict. c.24).

                  [2] Murder Act 1751 (25 Geo II c.37).

                  [3] Anatomy Act 1832 (2 & 3 Will. IV c.75); Hanging in Chains Act 1834 (4 & 5 Will. IV c.26).

                  [4] Forgery Act 1837 (1 Vict c.84); Punishment of Offences Act 1837 (1 Vict. c.85).

                  [5] Murder (Abolition of Death Penalty) Act 1965 (c.71).

                  [6] Criminal Law (Scotland) Act, 1830 (11 Geo. IV & 1 Will. IV c.37).

                  [7] Penal Servitude Act 1853 (16 & 17 Vict. c.99).

                  [8] Penal Servitude Act 1891 (54 & 55 Vict. c.69).

                  [9] Inebriates Act 1898 (61 & 62 Vict. c.60).

                  [10] Summary Jurisdiction (Scotland) Act 1864 (27 & 28 Vict. c.53) s.18(5).

                  [11] Whipping Act 1820 (1 Geo. IV c.57).

                  [12] Whipping Act 1862 (25 Vict. c.18).

                  [13] Criminal Justice Act 1948 (11 & 12 Geo. VI c.58) s.2, s.81.

                  [14] Pillory Abolition Act 1837 (7 Will. IV & 1 Vict. c.23).

                  [15] Poaching Prevention Act 1862 (25 & 26 Vict. c.114); Salmon Fisheries (Scotland) Act 1868 (31 & 32 Vict. c.123); Herring Fishery (Scotland) Act 1889 (52 & 53 Vict. c.23).

                  [16] Summary Procedure (Scotland) Act 1864 (27 & 28 Vict. c.53) s.29.

                  [17] Probation of First Offenders Act 1887 (50 & 51 Vict. c.25).

                  Sanitary Inspection/Environmental Health

                  Environmental health broadly encompasses efforts to improve conditions for the population by control of pollution, waste management and monitoring of standards of hygiene and food safety. The cholera epidemics of the 1830s and a new understanding of the relationship between dirt and disease led to local authorities being given powers to sweep streets, empty middens, remove waste, disinfect premises and establish standards and inspections. During the 20th century these activities gradually developed into different specialisms within local authorities.

                  The Nuisances Removal (Scotland) Act 1856 was the earliest attempt to establish sanitary inspection in burghs to deal with the removal of nuisances, control of epidemics and the inspection of common lodging houses.[1] This was replaced by the Public Health (Scotland) Act 1867 which contained provisions for the appointment of a sanitary inspector in each local authority. [2] Their duties were to include the inspection of common lodging houses and reports to the Board of Supervision but otherwise the local authority was to establish their salary and duties. They were given powers of entry where a nuisance was suspected, could inspect any premises selling food for human consumption, deal with overcrowding of dwelling house and ensure the disinfection of houses where there had been infectious diseases.[3] Nuisance was defined broadly to include anything that was potentially harmful such as construction, dirty streets, ashpits, water closets, gutters, watercourses, stables and byres, pig-styes, accumulations of manure and other waste, overcrowded housing, overcrowded or dirty factories and workplaces, polluting industrial fireplaces & furnaces and overcrowded churchyards & cemeteries.[4]

                  Local authorities under the 1867 Act were town councils or police commissioners in burghs.[5] The Board of Supervision had powers to inquire into sanitary conditions in burghs of less than 10,000 population or not having their own police act.[6] Responsibilities for public health outwith the burghs were initially given to parochial boards but these were transferred to county councils on their establishment in 1889.[7] County councils were able to appoint a sanitary inspector.[8] The Burgh Police (Scotland) Act 1892 required burghs to appoint a sanitary inspector to carry out duties under the 1867 act.[9] The Public Health (Scotland) Act 1897 continued this requirement.[10]

                  Both the 1867 and 1897 Public Health Acts covered a range of responsibilities for disinfecting premises, regulating slaughterhouses, regulating lodging houses, tents and vans for human habitation, food safety and pollution, without specifying which officer was to put this into effect. There was therefore some overlap between medical officers of health and sanitary inspectors, but the majority of these responsibilities fell to the sanitary inspector. The 1897 Act was not repealed until 2008 but was amended by separate legislation on food safety, environmental health, water and sewerage and health.[11]

                  The Local Government (Scotland) Act 1929, which transferred powers from small burghs to county councils, made provision for small burghs to continue to employ sanitary inspectors until a vacancy occurred but otherwise these responsibilities were allocated to county councils and large burghs.[12] The Local Government (Scotland) 1947 Act required county councils and town councils to appoint sanitary inspectors who were also the inspectors of common lodging houses and were required to make annual reports to the Secretary of State for Scotland.[13] Under the Local Government (Scotland) Act 1973, district and island councils became the sanitary authority under public health and related legislation while sewerage was made the responsibility of regional and islands councils but the title of sanitary inspector was replaced by more generic ‘proper officers’.[14] Responsibilities were transferred to unitary councils under the 1994 Act.[15]

                  Environmental health was subject to central government supervision first through the Board of Supervision and then the Local Government Board of Scotland. By 1914 the Scottish Board of Health was responsible for approving the creation of special water, lighting, and scavenging districts within landward areas, and approving local byelaws concerning the regulation of pigsties, offensive trades, common lodging houses, accommodation for agricultural workers and temporary accommodation for seasonal workers. The Board was replaced by the Department of Health for Scotland in 1929. In 1962 the Scottish Development Department was established and was allocated responsibilities for environmental health.

                  Compiler: Elspeth Reid (2021)

                  Related Knowledge Base entries

                  Food Labelling, Standards and Hygiene

                  Cleansing and Refuse Disposal

                  Bibliography

                  Brunton, Deborah, ‘Health, Comfort and Convenience: Public Health and the Scottish Police Commissions, 1800-70’ Scottish Archives 17 (2011), pp. 85-96

                  Brunton, Deborah, ‘Regulating filth: cleansing in Scottish towns and cities, 1840-1880’ Urban History 42.3 (2015), pp. 424-39

                  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

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

                  Guy, John (Dr), ‘The development of the Public Health Department’ in Historical studies in the development of local government services in Edinburgh Series 2 (National Association of Local Government Officers, Edinburgh and District Branch, 1936-37), pp.33-41

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

                   

                  References

                  [1] Nuisances Removal (Scotland) Act 1856 (25 & 26 Vict. c.101).

                  [2] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.8.

                  [3] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) ss.17, 26, 37, 50.

                  [4] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.16.

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

                  [6] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.9.

                  [7] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.5; Local Government Scotland Act 1889 (52 & 53 Vict. c.50) s.17.

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

                  [9] Burgh Police (Scotland) Act 1892 (5 & 6 Vict. c.55) s.76.

                  [10] Public Health (Scotland) Act 1897 (60 & 61 Vict. c.38) s.15.

                  [11] Public Health etc. (Scotland) Act 2008 (asp 5).

                  [12] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.35.

                  [13] Local Government (Scotland) Act 1947 (10 & 11 Geo. VI c.43) ss.79, s.87.

                  [14] Local Government (Scotland) 1973 (c.65).

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

                  Roads

                  Roads

                  Roads outwith the burghs in Scotland were first maintained by justices of the peace from 1617 and then jointly with commissioners of supply from 1686, with the work provided through statute labour.[1]

                  During the 18th century landowners obtained local acts of parliament either to commute this personal labour into assessments or to set up turnpike road trusts, which were funded by the collection of tolls. The Turnpike Roads (Scotland) Act 1831 standardised the powers and functions of turnpike trusts while the Highways etc (Scotland) Act, 1845, permitted a system of assessment without the need for a private act.[2]

                  In highland counties, following the 1715 Jacobite rebellion, many roads were built and maintained by the military. In 1803 the Commissioners for Highland Roads and Bridges were set up and granted funds for constructing and maintaining these roads and bridges, but half of the cost was to come from the relevant county.[3] In 1819 additional commissioners were appointed and provision made for an annual grant and in 1823 the commissioners were enabled to erect toll bars and levy assessments.[4] Further legislation extended and altered the commissioners’ roles. Separate arrangements were made for Argyllshire in 1843 where roads were placed under the superintendence of district road trustees; and for Caithness in 1860 where roads became the responsibilities of county road trustees.[5] In 1862 the commissioners were abolished and their responsibilities were transferred to commissioners of supply in the remaining highland counties.[6]

                  By the mid-19th century, there were statute labour trustees, commissioners of supply, turnpike trusts, justices of the peace and commissioners for highland roads and bridges all having some responsibility for roads outwith the burghs. The inconvenience of this system led several counties to obtain local acts for the abolition of turnpike trusts and statute labour assessments, in favour of a single county road trust, which would then be responsible for all public roads in the landward area.[7] In 1859 the Royal Commission on Public Roads in Scotland reported on the management of roads, commenting on the inconvenience and expense of multiple acts of parliament for short sections of roads and conflicting interest of different trusts and recommended replacing these with a county road board.[8] This report led to new legislation.

                  The Roads and Bridges (Scotland) Act 1878 abolished statute labour trusts and assessments and placed the turnpike roads, statute labour roads, highways and bridges under the control of one road trust for the landward area of each county, made up of commissioners of supply and some elected members.[9] Tolls and statute labour assessments were abolished in favour of a uniform rate on landowners. County road trustees were abolished by the Local Government (Scotland) Act 1889 and their duties were transferred to county councils.[10]

                  The 1878 Act was not compulsory in counties which had already set up a roads trust and abolished turnpikes and statute labour (Aberdeen, Argyll, Banff, Caithness, Elgin, Kirkcudbright, Nairn, Peebles, Ross and Cromarty, Wigtown and Zetland). In these 11 counties the adoption of the 1878 Act did not take place until 1890, when the function was transferred to the local county council.[11] There were special provisions for roads purposes in the detached portion of Dunbartonshire and at the boundaries of Aberdeen, Banff and Elgin.[12]

                  Police burghs were given responsibility for paving and maintaining streets by the General Police and Improvement (Scotland) Act 1862. Turnpike and statute labour roads were excluded but all other roads within their area could come under their authority and they could adopt private roads. Burgh commissioners were also given the authority to name streets and number houses, improve streets and purchase land for new streets.[13]

                  In 1929 responsibilities for roads were removed from small burghs and transferred to county councils.[14] In 1947 all the functions of county road boards were vested in county councils.[15]

                  The Local Government (Scotland) Act 1973 transferred responsibility for roads and road safety to regional and island councils.[16] The Local Government etc (Scotland) Act 1994 transferred responsibility to the new unitary councils and enabled arrangements for bridges between two local authority areas, such as the Kincardine Bridge.[17]

                  Local authority archives services may hold records of turnpike trusts and statute labour trusts, lists of adopted roads, plans of roads and bridges, minutes of roads committees and other relevant records. National Records of Scotland hold various files relating to roads including Development Department files on roads and bridges (reference code DD4), grants for local roads (AF42), records of the Commissioners for Highland Roads and Bridges (MT3), some turnpike road trusts and statute labour trusts (CO).

                  Compiler: Elspeth Reid (2021)

                  Related Knowledge Base entries

                  Turnpike Trusts

                  Statute Labour Trusts

                  County Road Trusts

                  Bibliography

                  Donnachie, Ian, ’Roads, 1800-1900’, in Scottish Life and Society: A Compendium of Scottish Ethnology: Transport and Communications, ed. by Kenneth Veitch (John Donald, 2009), pp. 314-38.

                  Fenton, Alexander and Geoffrey Stell, (eds.) Loads and Roads in Scotland and Beyond: Land Transport over 6000 Years, (John Donald, 1984)

                  McClure, David, Tolls and Tacksmen: Eighteenth Century Roads in the County of John Loudon McAdam (Ayrshire Archaeological and Natural History Society, 1994)

                  Taylor, William, The Military Roads in Scotland (David and Charles, 2002)

                  Walker, David M., ‘Roads. Bridges and Ferries’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 210-12.

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

                   

                  References

                  [1] Act regarding the justices for keeping of the king’s majesty’s peace and their constables, 1617. The Records of the Parliaments of Scotland to 1707,[RPS] ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1617/5/22. <http://rps.ac.uk/trans/1617/5/22 >; Act anent highways and bridges, 1686. RPS 1686/4/28 <http://rps.ac.uk/trans/1686/4/28> [accessed 19 October 2018].

                  [2] Turnpike Roads (Scotland) Act 1831 (1 & 2 Will. IV c.43); Highways, etc, (Scotland) Act 1845 (8 & 9 Vict. c.41).

                  [3] Scottish Highland Roads and Bridges Act 1803 (43 Geo. III c.80).

                  [4] Roads, Bridges and Regulation of Ferries (Scotland) 1819 (59 Geo. III c.135); Military and Parliamentary Roads and Bridges, and Ferry Piers and Shipping Quays Act 1823 (4 Geo. IV c.56).

                  [5] Argyllshire Roads, Bridges and Quays Act 1843 (6 & 7 Vict. c.xcvii); Caithness Roads Local Act 1860 (23 & 24 Vict. c.cci).

                  [6] Highland Roads and Bridges Act 1862 (25 & 26 Vict. c.105).

                  [7] Report of the Commissioners for inquiring into matters relating to public roads in Scotland (Murray & Gibb/HMSO, 1859).

                  [8] Ibid p. cci-ccv.

                  [9] Roads and Bridges (Scotland) Act 1878 (41 & 42 Vict. c.51).

                  [10] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50) s.11.

                  [11] Local Government (Scotland) Act 1889, (52 & 53 Vict. c.50) s.16.

                  [12] Local Government (Scotland) Act 1889, (52 & 53 Vict. c.50) ss.40-41.

                  [13] General Police and Improvement (Scotland) Act 1862 (25 & 26 Vict. c.101) ss.146-158.

                  [14] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) s.2(c).

                  [15] Local Government (Scotland) Act 1947 (10 & 11 Geo. VI c.43) s.312.

                  [16] Local Government (Scotland) Act 1973 (c.65) s.133.

                  [17] Local Government etc (Scotland) Act 1994 (c.39) ss.38-39.