River Purification

The Rivers Pollution Prevention Act 1876 created sanitary authorities and identified these in Scotland as parish councils and town councils or burgh police commissioners (which were the local authorities under the Public Health (Scotland) Act 1867).[1] With changes in local government, county councils were given powers to enforce this act.[2] This was aimed at preventing factories and mines from disposing of waste directly into rivers and streams and gave local authorities powers to prosecute offences and an obligation to provide appropriate sewage facilities. Subsequent legislation enabled the county councils on either side of the border between England and Scotland to work together.[3]

Following a report by the Scottish Water Advisory Committee on river pollution, new legislation was passed in 1951.[4] This gave county councils and town councils of large burghs a duty to promote cleanliness and conserve water resources.[5] However, this act also established river purification boards with specific responsibilities to prevent pollution and manage the rivers. These regional boards were composed of representatives of counties and large burghs along with appointees of the Secretary of State for Scotland. They were replaced by new river purification boards and by the three islands councils under the Local Government (Scotland) Act 1973.[6] The boards included representatives from the relevant regional and district Councils. The Local Government etc (Scotland) Act 1994 altered the membership of these boards to remove representatives of the old councils and replace them with representatives from the new unitary councils.[7] The river purification boards were abolished in 1995 and their functions transferred to the Scottish Environment Protection Agency (SEPA).[8]

National Records of Scotland holds records of the River Purification Boards (reference codes DD40 and SOE26) and river purification policy and administration (DD13, AF44). Relevant material may be found in the minutes of county councils and large burghs, which are held in local authority archives services.

Compiler: Elspeth Reid (2021)

Bibliography

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

Hubbard, Fred H., ‘Scottish River Purification Boards’ Natural Resources Journal 9.4 (1969) pp. 489-517

References

[1] Rivers Pollution Prevention Act 1876 (39 & 40 Vict. c.75); Public Health (Scotland) Act 1867.

[2] Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50) s.55.

[3] Rivers Pollution Prevention (Border Councils) Act 1898 (61 & 62 Vict. c.34).

[4] Department of Health for Scotland, Prevention of Pollution of Rivers and other Waters, Report of the River Pollution Prevention Sub-Committee of the Scottish Water Advisory Committee, Cmd. No. 8111 (Edinburgh: HMSO 1950).

[5] Rivers (Prevention of Pollution) (Scotland) Act 1951 (14 & 15 Geo. VI c.66).

[6] Local Government (Scotland) Act 1973 (c.65) s.135.

[7] Local Government etc (Scotland) Act 1994 (c.39) s.37.

[8] Environment Act 1995 (c.25) ss.21-22.

Registration of vital events

On the introduction of civil registration in 1855, parochial boards and town councils were required to appoint local registrars, although initially local session clerks acted as local registrars.[1] The country was divided into registration districts, usually with boundaries matching the existing parishes. Registration was compulsory and free; with payments to the registrar coming from local assessments. Central government appointed a Registrar General, provided a central office and within a year of operation also appointed district examiners to inspect the registers which were kept in duplicate, one copy deposited in Edinburgh and one copy held locally.

The appointment of local registrars has remained a local authority function with responsibilities transferring at every local government reorganisation to the local authority in whose area each registration district was situated.[2] In 1973 regional and islands councils were given this responsibility and this was transferred to the successor unitary authority in 1994.[3]

Local registrars became responsible for additional tasks and functions at different times. From 1861, they supervised the census in their districts.[4] From 1864 to 1948, they had to note on birth entries when a child was vaccinated.[5] In 1866 they were required to make returns of epidemic diseases in their districts and at other times they were required to inform various government departments of the deaths of pensioners and to notify medical bodies of the deaths of practitioners.[6] From 1878 a notice of intended marriage could be posted outside the registrar’s office, instead of the proclamation of banns in churches and after 1977 this notice completely replaced banns.[7] From 1 July 1940, they were authorised to perform civil marriages as well as register them and from 2002 they were authorised to perform civil marriages in any approved place rather than only in the registration office.[8] From 2004 they were authorised to perform same-sex civil partnerships and from 2014 same-sex marriages.[9] Mixed-sex civil partnerships were authorised from June 2021.[10] From 2003 registrars also officiated at citizenship ceremonies but in their capacity as local authority employees, rather than specifically as registrars.[11]

Registration records are held by National Records of Scotland and can be accessed through the ScotlandsPeople website <https://www.scotlandspeople.gov.uk/> [accessed 24 April 2024] or by visiting National Records of Scotland or designated local family history centres with access to the registration records.

Compilers: Rod Burns (NRS, 2021), Elspeth Reid (2021), SCAN contributors (2000)

Bibliography

Cameron, Anne, ‘The fate of the Old Parish Registers under the Registration Act of 1854’ Scottish Archives, 14 (2008) pp. 62-72

Cameron, Anne, ‘The establishment of civil registration in Scotland’ The Historical Journal, 50 (2) (June 2007) pp. 377-95

Kyd, James G., ‘Registration’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 64-73

Sinclair, Cecil, Jock Tamson’s bairns: a history of the records of the General Register Office for Scotland (HMSO, 2000)

References

[1] Registration of Births, Deaths and Marriages (Scotland) Act, 1854 (17 & 18 Vict. c.80).

[2] Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c.49) ss.5-7.

[3] Local Government (Scotland) Act 1973 (c.65) s.167; Local Government etc (Scotland) Act 1994 (c.39) s.51

[4] Census (Scotland) Act 1860 (33 & 34 Vict. c.108).

[5] Vaccination (Scotland) Act 1863 (17 & 18 Vict. c.108); National Health Service (Scotland) Act 1947 (10 & 11 Geo. VI c.27) s.26(5).

[6] Cecil Sinclair, Jock Tamson’s bairns (HMSO, 2000) p.49.

[7] Marriage Notice (Scotland) Act 1878 (41 & 42. c.43); Marriage (Scotland) Act 1977 (c.15).

[8] Marriage (Scotland) Act 1939 (2 & 3 Geo. VI c.34); Marriage (Scotland) Act 2002 (asp 8).

[9] Civil Partnership Act 2004 (c.33); Marriage and Civil Partnership (Scotland) Act 2014 (asp 5).

[10] Civil Partnership (Scotland) Act 2020 (asp 15).

[11] Nationality, Immigration and Asylum Act 2002 (c.41) Sch.1.

Record-keeping

Records are included in legislation relating to a wide range of local authority functions, which require certain records to be created and kept. However, record keeping as a distinct local authority function was first identified in the Local Government (Scotland) Act 1973 which transferred records of functions to the local authority responsible for that function[1]. Before its implementation in 1975 some authorities, such as the cities of Glasgow, Edinburgh and Dundee, had already appointed city archivists. Records of parish councils and parochial boards and all other county records (which in some cases had simply been abandoned in storage, or destroyed, since the local government reorganisation of 1929) were transferred to the regional or islands councils[2]. Where two or more authorities inherited records then the records were to be vested in the authority with the larger population.[3] Local authorities were permitted to transfer records to the Keeper of the Records of Scotland and to transfer records between regional and district councils, effectively enabling either tier to run an archives service.[4] Local authorities were permitted to allow persons to inspect the records, ‘with or without charge’.[5] Local authorities were also required to ‘make proper arrangements’ for records in their custody and permitted to dispose of records no longer required.[6]

The Local Government (Access to Information) Act 1985 amended the 1973 Act by inserting additional clauses in section 50 to enable inspection of documents before and after meetings and inserting Schedule 7A which listed exemptions to this right of access to information.[7]

The Local Government etc (Scotland) Act 1994 replaced the 1973 provisions.[8] The records were treated as property and transferred to the new councils.[9] Local authorities were required to ‘make proper arrangements’ for records, to consult the Keeper and ‘have regard to any comments which he may make on the proposed arrangements or changes’.[10] Local authorities could make arrangements with another local authority to provide the service but were required to consult the Keeper before agreeing any such joint or alternative arrangements. Local authorities were also entitled to dispose of records considered ‘not worthy of preservation’.

Under the 1994 Act, where records relating to a function of one authority were held by another authority, there was an entitlement to free access and free copies but also an entitlement to claim costs for the preservation and management of the records. [11]

The1994 Act also provided for public access to the records, covering the main functions of a public archives service.[12] Local authorities could make arrangements for persons to inspect the records ‘with or without charge’, catalogue, exhibit, give lectures, lend records temporarily and acquire other records by purchase or gift and accept deposits, all of ‘general or local interest’.

The records provisions in the 1994 Act applied to all records held by the local authority. Inspection of current records held by other services or departments (for example building warrants) can attract a charge under other legislation and the phrase ‘with or without charge’ enables such charging to be lawful. However, the right to charge for access has to be balanced by the requirements to provide information under the Freedom of Information (Scotland) Act and the Environmental Information Regulations.[13]

The three subsections of the 1994 Act requiring ‘proper arrangements’ were repealed by the Public Records (Scotland) Act 2011 and replaced by the requirement that ‘Authorities must have regard to the guidance issued by the Keeper in preparing their records management plan for agreement with the Keeper’.[14]

The Public Records (Scotland) Act 2011 required public authorities (including local authorities) to develop a records management plan (RMP), submit the RMP for agreement by the Keeper of the Records of Scotland and then manage its records in accordance with the RMP. The plan must include provision for archiving, destruction and other disposal of records, as well as information security and must take account of the Keeper’s guidance. The Keeper’s guidance was to be formal guidance, generally applicable and subject to consultation before publication, instead of the individual guidance envisaged in s53(1)-(3) of the 1994 Act which were consequently repealed. The Keeper can return an authority’s RMP if it does not set out ‘proper arrangements’ and states that ‘What constitutes ‘proper arrangements’ is in any case for the Keeper to determine’.[15] The Keeper has issued formal guidance on the RMP and on Proper Arrangements.[16]

Compiler: Elspeth Reid (2021)

Bibliography

Anderson, Peter, ‘The Evolution of Local Authority Archives 1960-90’ Scottish Local History 39 (1997) pp. 9-15

Flett, Iain, ‘The Genealogy of Archives; root and branch of the tree of administration’ Scottish Archives 4 (1998) pp. 6-10

Flett, Iain, ‘Scottish Local Government Archives in the New Millenium: modernity and majesty or meltdown and mediocrity?’ Scottish Archives 6 (2000) pp.17-23

Livingston, M., The public records of Scotland (HM General Register House, 1905)

Longmore, Bruno, ‘The Public Records (Scotland) Act 2011: creating a culture that values public records’ Journal of the Society of Archivists 34.2 (2013) pp. 248-62

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

Thomson, J. Maitland, The public records of Scotland (Maclehose, Jackson and Co, 1922)

References

[1] Local Government (Scotland) Act 1973 (c.65) s.200.

[2] Local Government (Scotland) Act 1973 (c.65) s.200 (2) & (3).

[3] Local Government (Scotland) Act 1973 (c.65) s.200 (4).

[4] Local Government (Scotland) Act 1973 (c.65) s.200 (8) & (9).

[5] Local Government (Scotland) Act 1973 (c.65) s.200 (10).

[6] Local Government (Scotland) Act 1973 (c.65) s.200 (7).

[7] Local Government (Access to Information) Act 1985 (c.43).

[8] The Local Government etc (Scotland) Act 1994, (c.39) s.55-56.

[9] The Local Government etc (Scotland) Act 1994, (c.39) s.15 (7).

[10] The Local Government etc (Scotland) Act 1994 (c.39) s.53.

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

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

[13] Freedom of Information (Scotland) Act 2002 (asp. 13); Environmental Information (Scotland) Regulations 2004 (SSI 520).

[14] Public Records (Scotland) Act 2011 (asp 12) s.1(7).

[15] Public Records (Scotland) Act 2011 (asp 12) s.4(3) & s 4(4).

[16] NRS ‘Model Records Management Plan’ revised 2019 https://www.nrscotland.gov.uk/publications/model-records-management-plan/ [accessed 21 Apr 2021]; NRS ‘Supplementary Guidance on Proper Arrangements for Archiving Public Records’ Sept 2016 https://www.nrscotland.gov.uk/media/zwxfsiys/supplementary-guidance-on-proper-arrangements.pdf [accessed 21 Apr 2021].

Public Transport

In Scotland, an extensive system of public transport has developed since the 19th century. Most public transport providers have been private companies operating for profit. However, some local authorities operated tramways and buses from the late 19th century and owned ferry rights from medieval times. Local authorities have also been involved in subsidising routes to less populated areas, by land, sea or air, along with central government.

The first local authority to own and operate a public transport system was Glasgow which set up Glasgow Corporation Tramways in 1894, to take over the tram routes from the Glasgow Tramway and Omnibus Co.[1] Glasgow also took over the subway in 1923 from the Glasgow District Subway Co which had constructed it in 1896. Edinburgh Corporation Tramways Department took over its tramways in 1919, Dundee in 1897 and Aberdeen in 1898. These four cities continued to operate public transport systems with trams and buses under their powers as corporations.

The British Transport Commission, set up by the Transport Act 1947, took over a number of the larger bus companies, including Scottish Motor Traction Co., which operated many of the rural and town public transport routes through its subsidiaries such as W Alexander & Co. Local authority bus companies were not directly affected by this.

The Transport Act 1968 created passenger transport executives to co-ordinate and operate public transport in large urban areas but in Scotland this was applied only to the Greater Glasgow Passenger Transport Area.[2] Under the Local Government (Scotland) Act 1973 the functions of the Greater Glasgow Transport Executive were transferred to Strathclyde Regional Council. The Strathclyde Passenger Transport Executive continued after local government re-organisation in 1996. The remit included land and water transport, and therefore buses, ferries, trains, and an underground service, with incidental powers to acquire and dispose of property and equipment, construct stations or other relevant works, make investments, make payments to railways for train passenger services and promote or oppose parliamentary bills. The passenger transport executive was accountable to Strathclyde Regional Council and required approval from the council for major outlays, major re-organisation of transport services and changes to pricing and fees structures.

The Local Government (Scotland) Act 1973 required regional and islands councils to develop policies to promote the co-ordination of public transport systems and enabled them to subsidise public transport by land, water or air.[3] Grampian, Lothian and Tayside Regions inherited the local authority bus undertakings of Aberdeen, Edinburgh and Dundee respectively. The Transport Act 1985 required local authorities to form their bus undertakings into limited companies, but they could still be wholly owned by the local authority.[4] The Local Government etc (Scotland) Act 1994 transferred these powers and responsibilities to the unitary councils from 1996.[5]

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Harbours

Ferries

Airports

Bibliography

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

Ferguson, Keith, An introduction to Local Government in Scotland (The Planning Exchange, 1984)

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

References

[1] Glasgow Corporation Act 1893 (56 & 57 Vict. c.ccviii).

[2] Transport Act 1968 (c.73).

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

[4] Transport Act 1985 (c.67).

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

Public health

Public health has been defined in Scotland as the protection of the community from infectious diseases, contamination or other such hazards which constitute a danger to human health.[1] More widely, the provision of clean water, control of pollution, disposal of refuse and monitoring of standards of hygiene were used along with vaccination and fever hospitals to improve people’s health.

In medieval and early modern Scotland, people dealt with plagues and contagious diseases by isolating places, preventing contact by stopping trade and commerce, burying bodies quickly and cleaning and disinfecting contaminated homes. One example of this approach is found in the appointment by parliament of a commission to contain the outbreak of plague in Bo’ness.[2] Justices of the Peace were given responsibilities for dealing with plague and most burghs used similar methods of containment and disinfection.

The 19th century saw several outbreaks of cholera, but medical opinion was divided on how diseases were transmitted and resulting legislation reflected this uncertainty. The Cholera Prevention (Scotland) Acts 1832 gave the Privy Council powers to prevent the spread of disease, funded by assessments in burghs and parishes.[3] In 1840, Professor W P Allison of Edinburgh University claimed that poverty was the root cause of ill health and this led to the reform of the poor law.[4] The Nuisances Removal (Scotland) Act 1856 focused on improving living conditions.[5] The Vaccination (Scotland) Act 1863 made vaccination against infectious diseases compulsory.[6]

The Public Health (Scotland) Act 1867 tackled every identified possible source of infection and transmission.[7] The Board of Supervision could conduct inquiries, but the main responsibilities fell on local authorities, which were generally burgh commissioners or town councils or parochial boards. These local authorities were to appoint medical officers of health and sanitary inspectors and to remove nuisances that could affect human health, such as poor ventilation, drainage, lack of privies or other facilities, accumulations of manure or rag and bones, badly operated fireplaces, furnaces, chimney smoke, ashpits and overcrowded cemeteries. Contamination was controlled by preventing the sale of ‘unwholesome meat’ and regulating offensive trades and local authorities were to provide sewers, drainage and water supplies. Transmission of disease was to be prevented by burying bodies rapidly, visiting house to house to dispense medicine and medical aid to infected persons and by providing hospitals and transport for infected persons. Local authorities were also to provide public toilets and to ensure that ships and ports were cleansed and disinfected. There were also restrictions on infected persons and local authorities were permitted to cover the costs of vaccination where necessary. Local authorities were also empowered to provide and maintain grounds for public recreation.

From 1889, infectious diseases had to be notified to the medical officer of health.[8] The Public Health (Scotland) Act 1897 followed a similar approach to the 1867 act but gave more power to the central authority, now the Local Government Board for Scotland, to authorise inquiries into local areas. Local authorities (i.e. town councils, police commissioners, district committees and county councils) were still required to appoint a medical officer of health and a sanitary inspector. The removal of nuisances remained a key method of control with regulation and licensing of offensive trades and an emphasis on cleansing and disinfection. Additional rules were put in place for water supplies, sewers and drains, lodging houses and provision of hospitals. Further steps included putting infected people without adequate accommodation into hospital free of charge, keeping infected children off school and inspecting dairies with powers to prohibit the supply of milk.[9] In 1929 public health responsibilities were allocated to county councils and the town councils of large burghs.[10]

The 1897 act remained essentially in force with amendments until 2008. One significant development was that in 1945 the Secretary of State for Scotland was empowered to make regulations to treat infected persons, to prevent the spread of diseases and prevent danger to public health from ships and planes, both entering and leaving Scotland.[11] However, provisions regulating hospitals, water supplies, sewers, drainage, lodging houses, and licensing of offensive trades were overtaken by the development of the National Health Service, the nationalised water industry and environmental health regulations.

In 2008 public health provision was consolidated and Scottish Ministers, health boards and local authorities were each given duties to protect public health, appoint competent staff and co-operate. Scottish Ministers were made responsible for identifying and amending the list of notifiable diseases (including coronavirus) and regulating public health investigations as well as using regulations in connection with international travel to protect public health from risks. Health boards were made responsible for dealing with infected individuals including examining them, placing restriction or quarantine orders, detaining them in hospital and compensating them where there was voluntary compliance. Local authorities were made responsible for disinfection, disinfestation or decontamination of premises or things and for compensating businesses and individuals affected.[12]

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Sanitary Inspection & Environmental Health

Food Labelling, Standards and Hygiene

Cleansing, Refuse Collection & Disposal

Hospitals before the NHS

Hospitals and local health provision under the NHS

Bibliography

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

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

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

[2] Commission anent the plague in Bo’ness, 1645. The Records of the Parliaments of Scotland to 1707, ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1645/1/22. <http://www.rps.ac.uk/trans/1645/1/22> [accessed 28 July 2021].

[3] Cholera Prevention (Scotland) Act 1832 (2 & 3 Will. IV c.11); Cholera Prevention (Scotland) Act Amendment Act 1832 (2 & 3 Will. IV c.27).

[4] W. P. Alison, Observations on the Management of the Poor in Scotland and its effects on the health of the great towns (Edinburgh: 1840).

[5] Nuisances Removal (Scotland) Act 1856 (19 & 20 Vict. c.103).

[6] Vaccination (Scotland) Act 1863 (26 & 27 Vict. c.108).

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

[8] Infectious Diseases (Notification) Act 1889 (52 & 53 Vict. c.72).

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

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

[11] Public Health (Scotland) Act 1945 (9 & 10 Geo. VI c.15).

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

Public assistance & community care

Local authorities had been the main provider of support to people in need under the poor law, which was abolished by the National Assistance Act 1948. [1] This act made central government, through a National Assistance Board, responsible for determining which individuals were in need. In conjunction with the National Insurance Act 1946, which introduced a welfare, health and unemployment support system, operated by central government, this meant that the role of local authorities was more limited.[2]

However, the National Assistance Act 1948 also placed responsibilities on local authorities to provide accommodation for people in need of care, temporary accommodation for homeless people, registration of residential homes for older people and people with disabilities and welfare facilities for people with various disabilities. This led to the development of local authority-provided residential care for older people, along with local authority support for meals on wheels and the regulation of other residential care by the local authority. It also enabled the development of local authority occupational therapy services and sheltered employment for people with disabilities and regulated voluntary sector provision.

The Social Work (Scotland) Act 1968 gave county councils and councils of large burghs a duty to promote social welfare and provide assistance to persons in need, including emergency assistance, home help and laundry facilities and registration of residential establishments; and to provide and maintain residential establishments, as well as inspect them, and appoint visitors in the interests of the well-being of the residents.[3]

In 1990 regional councils (which were made responsible for social work in 1975) were required to prepare a plan for community care services, to assess the needs of people for whom they had a duty of care and to ensure the provision of such care.[4] This applied to people with mental ill-health, learning disabilities, physical disabilities and elderly people in need of nursing care or support. The intention was to provide care in the community rather than in institutions and in general this fell to social work departments to provide equipment, staffing, resources and aids for supported living, emergency call-out care services for identified individuals. To begin with, the cost of this was partly covered by charges and partly by local authority funding. In 2002 charges for personal care were removed.[5]

Records relating to clients are covered by the Data Protection Act 2018 and the UK GDPR and therefore are unlikely to be found in archives services. However, records relating to the general provision of public assistance and community care may be found in local authority committee minutes and some records of policies and procedures may survive. Records relating to central bodies such as the Scottish Council of Social Services and the Advisory Council on Social Work are held by the National Records of Scotland (reference code ED39), as are other relevant central government files on welfare, public assistance and social work.

Compiler: Elspeth Reid (2021)

References

[1] National Assistance Act 1948 (11 & 12 Geo. VI c.29) ss.21, 29 & 37.

[2] National Insurance Act 1946 (9 & 10 Geo. VI c.67).

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

[4] National Health Service and Community Care Act 1990 (c.19).

[5] Community Care and Health (Scotland) Act 2002 (asp 5).

Property

Property in Scotland is legally defined as either ‘heritable’ or ‘moveable’. Both types of property could be sold, given away or inherited but until 1868 there were different rules about how this could be done, which resulted in different types of records.

Prior to 1868, heritable property was passed on to heirs in accordance with strict inheritance law: the eldest son inherited the whole heritable property, and only if there was no son, the heritable property was divided equally among any surviving daughters, with other strict rules about heirs if there were no children.[1] Strict rules also governed moveable property: one third of moveable property was inherited by a surviving spouse and one third by any surviving children, and only the final third could be directed to any other person through a latter will and testament.[2] After 1868, wills could be used to direct heritable as well as moveable property, but it remains the case that a surviving spouse and surviving children have legal rights to a defined share of the property which cannot be over-ruled.[3]

Originally the distinction between heritable and moveable property was between landed property and moveable goods. Thus land, houses and minerals in the ground were heritable, whereas furniture, farm stock and minerals which had been mined were moveable. However, property could become heritable ‘by connection’ with heritable property. Thus liferents, feu duties and casualties of superiority, leases and teinds were all heritable. Property could also become heritable ‘by destination’, that is, by being so specified by the owner. Moveable property includes money, furniture, personal possessions, clothing, and other valuables.

Heritable property could be granted as a gift and there are many examples in the pre-reformation period of grants of land made to churches or monasteries, perhaps in return for prayers or a nominal annual-rent. In these cases, the consent of the heir is usually recorded.

The National Records of Scotland and Registers of Scotland hold the main property records. For details of what these are and how to access them, see the Knowledge Base entry on property records.

Contributors: Andrew Jackson, Robin Urquhart (both SCAN, 2002), Elspeth Reid (2021).

Related Knowledge Base entries

Property records

Property records – sasine abridgements

Wills and Testaments

Bibliography

Bell, G. J., Principles of the Law of Scotland (10th edn., 1899) sections 1655-70

Durie, Bruce, Understanding documents for genealogy & local history (The History Press, 2013)

Gibb, Andrew Dewar, ‘Insolvency’ in An Introduction to Scottish Legal History (Stair Society, 1958), pp. 222-28

Gouldesbrough, Peter, Formulary of Old Scots Legal Documents (Stair Society 36, 1985)

Maxwell, David, ‘Diligence’ in An Introduction to Scottish Legal History (Stair Society, 1958), pp. 229-40

Milne, Isabel A., ‘Heritable Rights: the early feudal tenures’ in An Introduction to Scottish Legal History (Stair Society, 1958), pp. 147-55

Monteath, H. H., ‘Heritable rights from early times to the twentieth century’ in An Introduction to Scottish Legal History (Stair Society, 1958), pp. 156-98

National Records of Scotland, Tracing your Scottish ancestors (Birlinn, 2020)

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

Sinclair, Cecil, Tracing Scottish local history (Scottish Record Office, 1994)

Stuart, A. J. Mackenzie, ‘Moveable Rights’ in An Introduction to Scottish Legal History (Stair Society, 1958), pp. 199-207

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

Links

For more information about Sasine Registers see the websites of Registers of Scotland <https://www.ros.gov.uk/ > and the National Records of Scotland <https://webarchive.nrscotland.gov.uk/20240326182456/https://www.nrscotland.gov.uk/research/guides/a-z> [both accessed 24 April 2024].

References

[1] H. H. Monteath ‘Heritable rights from early times to the twentieth century’ in An Introduction to Scottish Legal History (Stair Society, 1958) pp. 177-83; Entail (Scotland) Act 1914 (4 & 5 Geo. V c. 43).

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

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

Ancient Monuments & Listed Buildings

The preservation of ancient monuments has been primarily the responsibility of central government since 1882 when the Ancient Monuments Protection Act 1882 identified 21 ancient structures in Scotland (and others in England and Wales) which were to be protected. This allowed for similar monuments to be added to the original schedule, hence the term ‘scheduled monument’. The Commissioners of Works (later Minister of Works) could become guardians of ancient monuments or could acquire ownership of them through purchase, gift or bequest. The Treasury was to appoint inspectors of ancient monuments and fines were established for damage to monuments.[1] These functions were transferred to the Secretary of State for Scotland in 1969.[2] As a devolved matter this then transferred to Scottish Ministers in 1999. Inspectors of ancient monuments were part of the Scottish Development Department until Historic Scotland was set up as an agency in 1991 and then merged into Historic Environment Scotland from 2015.[3]

From 1914 the Ancient Monuments Board for Scotland was appointed to advise the Commissioners of Works and their successors.[4] It was abolished in 2003 and replaced by the Historic Environment Advisory Council for Scotland, which was abolished in 2010.[5] The right of public access to ancient monuments was established in 1900.[6]

From 1900 local authorities were enabled to become guardians of ancient monuments and to purchase monuments for their preservation.[7] Local authority involvement in preserving monuments was further identified in the housing and town planning acts where sites preserved for ancient monuments were not to be used for housing of the working classes and housing schemes were to preserve as far as possible any ‘erections of architectural, historic or artistic interest’.[8] From 1931 local authorities were empowered to set up preservation schemes to protect monuments.[9] From 1932, local authorities were given powers to issue building preservation orders and enabled to use compulsory purchase in order to protect ancient monuments or objects of archaeological interest, subject to the approval of central government.[10] Legislation on ancient monuments was consolidated in 1979, continuing the practice of scheduling, protecting ancient monuments from works which might cause damage, compensation in various circumstances, guardianship by both central and local government and public access rights.[11]

Listed buildings were first instituted in 1945 when the Secretary of State for Scotland was empowered to compile a list of buildings of special architectural or historic interest and required to inform both the owner and the local authority of the intention to list a building.[12] Local authorities were also given powers to prohibit the demolition of buildings of special architectural or historic interest. These provisions were continued and strengthened in the Town & Country Planning (Scotland) Act 1947.[13] In 1953 the Secretary of State for Scotland was enabled to make grants to local authorities and the National Trust for Scotland for expenses in acquiring buildings or ancient monuments for preservation under the 1947 Act.[14] Local authorities were empowered to make grants to contribute towards the costs of repairing or maintaining buildings of architectural or historic interest in 1962.[15] In 1969 new provisions were established to enable local authorities or the Secretary of State for Scotland to grant ‘listed building consent’, i.e. consent to demolish, alter or extend a listed building.[16] Local authorities could also issue a building preservation notice to protect a building for six months while a decision could be taken on whether to list the building or not.

From 1953 the Historic Buildings Council for Scotland was set up to advise the Minister of Works and the Secretary of State for Scotland on listed buildings.[17] Along with the Ancient Monuments Board for Scotland, this was abolished in 2003 and replaced by the Historic Environment Advisory Council for Scotland, which was subsequently abolished in 2010.[18]

Legislation on listed buildings was revised and consolidated in 1997.[19] This updated the planning system on such matters as building preservation notices, applications for alterations and demolition of listed buildings, compensation in various circumstances, listed building purchases, listed building enforcement notices, and compulsory purchase of listed buildings in need of repair.

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Planning & Development Control

Bibliography

Magnusson, Magnus (ed.) Echoes in Stone. 100 years of ancient monuments in Scotland (Scottish Development Department, Ancient Monuments Division, 1983)

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

References

[1] Ancient Monuments Protection Act 1882 (45 & 46 Vict. c.73).

[2] Transfer of Functions (Scotland) Order (SI 1969/383).

[3] Historic Environment Scotland Act 2014 (asp 19).

[4] Ancient Monuments Consolidation and Amendment Act 1913 (3 & 4 Geo. V c.32).

[5] Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4); Public Services Reform (Scotland) Act 2010 (asp 8).

[6] Ancient Monuments Protection Act 1900 (63 & 64 Vict. c.34.)

[7] Ancient Monuments Protection Act 1900 (63 & 64 Vict. c.34).

[8] Housing, Town Planning etc (Scotland) Act 1909 (9 Edw. VII c.44) s.45; Housing, Town Planning &c Act 1919 (9 & 10 Geo. V c.35) s.1(3).

[9] Ancient Monuments Act 1931 (21 & 22 Geo. VI c.16).

[10] Town & Country Planning Act 1932 (22 & 23 Geo. V c.48) s.1, s.17.

[11] Ancient Monuments and Archaeological Areas Act 1979 (c.46).

[12] Town & Country Planning (Scotland) Act 1945 (8 & 9 Geo. VI c.33) s.41.

[13] Town & Country Planning (Scotland) Act 1947 (10 & 11 Geo. VI c.53) s.27, s.28, s.38.

[14] Historic Buildings and Ancient Monuments Act 1953 (c.49) s.6.

[15] Local Authorities (Historic Buildings) Act 1962 (c.36).

[16] Town & Country Planning (Scotland) Act 1969 (c.30).

[17] Historic Buildings and Ancient Monuments Act 1953 (c.49) s.2.

[18] Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp.4); Public Services Reform (Scotland) Act 2010 (asp 8).

[19] Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9).

Poor Relief – Poorhouses in Scotland

Poorhouses or almshouses have existed in Scotland since medieval times, principally in burghs and often called hospitals. These accommodated people who were deemed unable to work, including people with disabilities. In 1672 parliament attempted to deal with beggars and homeless people by requiring thirty named burghs to build houses of correction but it appears that these more punitive poorhouses were not constructed.[1]

Between 1845 and 1930 over 70 poorhouses were constructed in Scotland, many serving a number of parishes (called ‘poor law unions’ or ‘combinations’). They were built following the Poor Law (Scotland) Act 1845, which established parochial boards in rural civil parishes and in the towns, and a central Board of Supervision in Edinburgh.[2] The poorhouses were for those categories of paupers who did not receive outdoor relief (normally in the form of small weekly sums of money). The regime, diet and living conditions in poorhouses were austere, partly to discourage applications from those who could rely on family support instead. On the other hand, poorhouses provided medical and nursing care of the elderly and the sick, at a time when there were few hospitals and private medical treatment was beyond the means of the poor. In 1948 the poor law was abolished and replaced by the modern social security system, and by then hospitals had largely replaced the medical function of poorhouses.[3] Many poorhouses, indeed, expanded to become hospitals, for example Govan poorhouse, which formed the nucleus for the Southern General Hospital in Glasgow and East House, Dundee, which as Maryfield became its principal maternity hospital for two decades. Other poorhouses became old people’s homes or social work administrative offices.

Compilers: SCAN contributors (2000).

Related Knowledge Base entries

Poor Law 1579-1845

Poor Law 1845-1948

Links

A useful website is <http://www.workhouses.org.uk/Scotland/> [accessed 26 April 2024]. This website focuses mainly on poor relief in England but has helpful information about the Scottish law and systems.

References

[1] Act for establishing correction-houses for idle beggars and vagabonds, 1672. The Records of the Parliaments of Scotland to 1707, ed. by K.M. Brown and others (University of St Andrews, 2007-2021), 1672/6/52<http://www.rps.ac.uk/trans/1672/6/52> [accessed 7 October 2021]; Alexander Dunlop, A Treatise on the Law of Scotland Relative to the Poor (Blackwood & Cadell, 1825), pp.18-19.

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

[3] National Assistance Act 1948 (11 & 12 Geo. VI c.29).

Poor relief – 1902 poorhouses

From a list of poorhouse governors in the Post Office County Directory for Scotland, 1902.

Poorhouse	Also known as	Portfolios of plans in National Records of Scotland
Aberdeen East
Aberdeen West
Arbroath and St Vigeans		RHP30857
Atholl and Breadalbane	Ballinluig
Black Isle	Fortrose, Rosemarkie	RHP30852
Buchan	New Maud
Cambusnethan	Motherwell	RHP30881
Campbeltown
Cunninghame	Irvine
Dalkeith
Dumbarton		RHP30850, RHP20064-5
Dumfries
Dundee East		RHP30847-8
Dundee West	Liff and Benvie	RHP30845-6
Dunfermline		RHP49120-49134
Dysart	Thornton	RHP30849
East Lothian	Prestonkirk	RHP30863
Easter Ross	Tain	RHP30911, RHP44805-11
Edinburgh	Craigleith	RHP30841, RHP30570-1
Edinburgh	Craiglockart	RHP30842-3
Falkirk
Forfar		RHP30858
Galashiels		RHP30874
Glasgow City
Glasgow Barony	Barnhill	RHP30844, 30851
Govan	Merryflats	RHP30861
Greenock
Hamilton		RHP30865
Hawick
Inveresk
Inverness
Islay	Bowmore
Jedburgh		RHP30862
Kelso
Kincardineshire	Stonehaven
Kirkcaldy	Kinghorn	RHP30864
Kirkcudbright		RHP40990
Kirkpatrick-Fleming		RHP30856
Kyle	Ayr	RHP30860
Lanark		RHP30872
Latheron	Caithness	RHP30853
Leith
Lewis		RHP30866
Linlithgow
Lochgilphead		RHP30871
Long Island	Lochmaddy
Lorn	Oban
Maybole	Carrick	RHP30869
Morayshire	Elgin	RHP30870
Mull	Tobermory	RHP30877
Nairn		RHP30868
New Monkland	Airdrie	RHP30873
Old Monkland	Coatbridge
Orkney	Kirkwall	RHP30875-6
Paisley
Peebles		RHP30879
Perth		RHP30878
Shetland	Lerwick
Skye
Portree
Stirling
Sutherland	Bonar, Ardgay
Thurso	Halkirk	RHP30910
Upper Nithsdale	Thornhill, Morton	RHP30855
Upper Strathearn	Auchterarder	RHP30882
Wigtownshire