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Hens on AllotmentsHens on Allotments in Scotland

Hens are allowed on all council owned allotments in Scotland. For England and Wales please click here.

Section 7 of the Allotments (Scotland) Act 1892 which is part of the existing legal framework for allotments states that a fowlhouse is permitted on council allotments in Scotland.  Although this act is quite old these rules are still in force today.

A council may have local rules to specify that no livestock or hens are allowed. However, these local regulations must adhere to the Allotment (Scotland) Act(s) and (as stated in the 1892 act - section 6 ) those regulations that do not comply are not in force until confirmed by Scottish Ministers (i.e. local regulations would require a local by-law).

If you keep a flock of 50 or more birds then this must be registered with DEFRA.

Note although this act also allows pigs this is in practice not allowed as keeping pigs would require a license from DEFRA which is unlikely to be issued for an allotment.

Allotments (Scotland) Act 1892

(55 and 56 Vict. c. 54)

An Act to facilitate the provision of allotments for the labouring classes Scotland.

[28th June 1892]

ARRANGEMENT OF SECTIONS

1. Short title.

2. Duty of local authority to acquire land for allotments.

3. Acquisition of land for purposes of Act.

4. Costs to be awarded in certain cases.

5. Improvement and adaptation of land for allotments.

6. Management of allotments.

7. Provisions as to letting and use of allotments.

8. Recovery of rent and possession of allotments.

9. Election of allotment managers.

10. Expenses and receipts.

11. Sale of superfluous or unsuitable land.

12. Power to make scheme for provision of common pasture.

13. As to combination of parishes.

14. Register of tenancies.

15. Use of school room, &c. free of charge.

16. Definitions.

17. Extent of Act.

Be it enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled and by the authority of the same, as follows:

1. Short title.

This Act may be cited as the Allotments (Scotland) Act, 1892.

2. Duty of local authority to acquire land for allotments.

(1) On a representation in writing to the local authority of any burgh or parish by any six registered parliamentary electors or ratepayers resident, in the case of a burgh, in that burgh, and, in the case of a parish in that, that the circumstances of the burgh or are such that it is the duty of the local authority to take proceedings under this Act therein, thelocal authority shall take such representation into consideration.

If the local authority of any burgh or are of opinion, either after enquiry made in consequence of such representation or otherwise, thatthere is a demand for allotments in such burgh, or in such the local authority, subject to the provisions of this act, shall by purchase or leasing acquire any suitable land which may be available, whether within or without the said burgh or the said parish, adequate to provide a sufficient number of allotments, and shall let such land in allotments topersons resident in the said burgh or parish and desiring to take the same.

(2) A local authority shall not under this Act acquire land for allotments save at such price or rent that in the opinion of the local authority all expenses, except such expenses as are incurred in making roads to be used by the public, incurred by the local authority in acquiring the land and otherwise in relation to the allotments may reasonably be expected to be recouped out of the rents obtained in respect thereof. For the purposes of this section, the expression "reasonable rent" means the rent, exclusive of rates and taxes, which a person taking an allotment might reasonably be expected to pay, taking one year with another, to a landlord, having regard to the value of similar land in the neighbourhood, to the extent and situation of the allotment, to the expenses of adapting the land to the purposes of the allotment, and to the repairs and other outgoings payable by the landlord, and to the cost and risk of collecting the rents of, and otherwise managing allotments.

3. Acquisition of land for purposes of Act.

(1) For the purposes of the purchase of land by agreement by a local authority for allotments, the Land Clauses Acts shall be incorporated with this Act, except the provisions with respect to the purchase and taking of land otherwise than by agreement, and with respect to the provision to be made for affording access to the special Act.

(2) If a local authority are unable by leasing or purchase by agreement to acquire land sufficient for allotments under this Act for any burgh or parish at a reasonable price or rent and subject to reasonable conditions, such authority may, subject to the provisions of this Act, make a provisional order putting in force, as respects the land mentioned in the order, the provisions of the Land Clauses Acts with respect to the purchase and taking of land otherwise than by agreement.

(3) Before making any such provisional order the local authority shall-- (a) Publish once at the least in each of three consecutive weeks in the month of November in some newspaper circulating in the locality an advertisement describing shortly the land proposed to be taken and naming a place where a plan of the land may be seen at all reasonable hours and stating the quantity of land proposed to be taken; and shall further in the month of December: (b) After such publication serve a notice in manner hereinafter mentioned on every owner or reputed owner, lessee or reputed lessee and occupier of such land defining in each case the particular land intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neuter in respect of taking such land: (c) Such notice shall be served by delivery of the same personally to the person required to be served or, if such person is absent abroad, to his agent, or by leaving the same at the usual or last known place of abode of such person as aforesaid, or by forwarding the same by post in a registered letter addressed to the usual or last known place of abode of such person: (d) After the publication and service in this section mentioned the local authority may, by a majority of the full number of its members at a meeting called with special notice, resolve to make and may make an order putting in force, with reference to the land referred to in such order, the powers of the Lands Clauses acts with respect to the purchasing and taking of land otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as they they think fit, and it shall be the duty of the local authority, within one month after the date of the order, to serve a copy of any order so made in the manner and upon the persons in which and upon whom notices in respect of the land to which the order relates are required by this Act to be served: (e) No order so made shall be of any validity unless the same has been confirmed by Act of Parliament; and it shall be lawful for the Secretary for Scotland, on the application of any local authority, to introduce into Parliament a Bill confirming any provisional order made under this Act by such local authority, and the local authority shall be considered as the promoters of the order: (f) Before introducing any such Bill into Parliament the Secretary for Scotland shall consider any objections to the provisional order which may be lodged with him within one month after the date of the service of the order as in this section mentioned by any person affected thereby, and may, if he thinks fit, direct the sheriff to hold a local inquiry and to report to him with respect to such objections. (g) The Secretary for Scotland, in case he shall refuse to introduce such Bill into Parliament, may make such order as he shall think in regard to the costs, charges and expenses connected with any inquiry as aforesaid, including the costs, charges and expenses of any party opposing the order; and such costs, charges and expenses shall be payable by the local authority out of such assessment as the Secretary for Scotland may determine.

(4) In construing for the purposes of this section any section or Acts incorporated with or put in force under this section, this Act, together with any Act confirming a provisional order under this section, shall be deemed to be the special Act, and the word "land" shall have the same meaning as in this Act. Provided that-- (a) Any question of disputed compensation shall be referred to the arbitration of a sole arbiter appointed by the parties, or if the parties do not concur in the appointment of a sole arbiter, then, on the application of either of them, by the Secretary for Scotland, and the remuneration to be paid to the arbiter appointed by the Secretary for Scotland shall be fixed by the said Secretary: (b) If an arbiter appointed for the purposes of this Act dies or becomes incapable to act before he has made his award, or fails to make his award within two months after he is appointed, his appointment shall determine, and the determination of the compensation shall be referred to another arbiter appointed in like manner as if no arbiter had been previously appointed: Provided always, that the same arbiter may be re-appointed: (c) An arbiter appointed under this section shall be deemed to be an arbiter within the meaning of the Lands Clauses Acts and the provisions of those Acts with respect to an arbitration shall apply accordingly; and, further, the arbiter, notwithstanding anything in the said Acts, shall determine the amount of the expenses and shall have power to disallow as expenses in the arbitration the expenses of any witness whom he considers to have been called unnecessarily, and any other expenses which he considers to have been incurred unnecessarily.

(5)Where land is purchased by a local authority under this Act otherwise than by agreement, the following provision shall apply:

(a) The [1. Board of Agriculture for Scotland] shall not make [1. an order] for purchasing any park, garden, pleasure ground, or other land required for the amenity or convenience of any dwelling-house, or any land the property of a railway or canal company which is or may be required for the purpose of their undertaking.

(b) The [1. Board of Agriculture for Scotland] shall, in making [1. an order] for purchasing land, have regard to the extent of land held in the neighbourhood by any owner and to the convenience of other property belonging to the same owner, and shall so far as is practicable avoid taking an undue or inconvenient quantity of land from one owner.

(6) For the purpose of the letting of land by a local authority for allotments, any person or body of persons or body corporate authorised to sell land to the local authority for the purposes of this Act may, without prejudice to any other power of leasing, lease land to the local authority, for a term of not exceeding thirty - five years.

(7) The [1. Board of Agriculture for Scotland] shall not make [1. an order] for purchasing any right to coal or metalliferous ore.

4. Costs to be awarded in certain cases.

Where any Bill for confirming a provisional order made under this Act is referred to a committee of either House of Parliament upon the petition of any person opposing such Bill, the committee shall take into consideration the circumstances under which such opposition is made to the Bill, and whether such opposition was or was not justified by the circumstances, and shall award costs accordingly to be paid by the promoters or the opponents of the Bill, as the committee may think just. Any costs under this section may be taxed and recovered in the manner in which costs may be taxed and recovered under the twenty-eighth and twenty-ninth Victoria, chapter twenty-seven. The decision of the majority of the members of the committee for the time being present and voting on any question under this section shall be deemed to be the decision of the committee.

5. Improvement and adaptation of land for allotments.

The local authority may improve any land acquired by them under this Act, and adapt the same for letting in allotments, by draining, fencing, and dividing the same, acquiring approaches, making roads, and otherwise, as they think fit, and may from time to time do such as may be necessary for maintaining such drains, fences, approaches, and roads, orotherwise for maintaining the allotments in a proper condition.

6. Management of allotments.

(1) Subject to the provisions of this Act, the local authority may from time to time, make, revoke, and vary such regulations as appear to be necessary or proper for regulating the letting of allotments under this Act, and for the preventing any undue preference in the letting thereof, and generally for carrying the provisions of this Act into effect; and such regulations may define the persons eligible to be tenants of such allotments, and the notices to be given for the letting thereof, and the size of the allotments, and the conditions under which they are to be cultivated, and the rent to be paid for them. Provided that all such regulations shall make provision for reasonable notice to be given to a tenant of any allotment of the determination of his tenancy. Provided also, that all regulations made under this section shall not be of any force unless and until they have been confirmed by the Secretary for Scotland, after such publication and inquiry, and with such modifications (if any) as the said Secretary shall determine.

(2) All regulations for the time being in force under this section shall be binding on all persons whatsoever; and the local authority shall cause them to be from time to time made known, in such manner as the local authority think fit, to all persons interested, and shall cause a copy thereof to be given gratis to any inhabitant of the burgh or parish demanding the same.

(3) Subject to the provisions of this Act, the local authority may from time to time appoint, and when appointed remove, allotment managers of land acquired under this Act for allotments, and such allotment managers shall consist either partly or wholly of other persons, so that in either case such other persons be persons residing in the locality and contributing to the rate or assessment out of which the expenses under this Act are paid.

(4) The proceedings and powers of allotment managers shall be such as, subject to the provisions of this Act, may be prescribed from time to time by the local authority; the allotment managers may be empowered by the local authority to do anything in relation to the management of such allotments which the local authority are authorised to do, and to incur expenses to such amount as the local authority prescribe, and any expenses so incurred shall be deemed to be expenses of the local authority under this Act.

7. Provisions as to letting and use of allotments.

(1) The rents of the allotments shall be fixed at an amount not less than such as may reasonably be expected to ensure the local authority from loss; but in calculating such loss any expenses incurred in an unsuccessful attempt to acquire land for allotments shall be excluded and, subject as aforesaid, such rents may be from time to time charged as are reasonable, having regard to the agricultural value of the land, and not more than a quarter's rent shall shall be required to be paid in advance in any case where it is deemed necessary by the local authority to require the payment of rent in advance.

(2) The local authority shall, for the purposes of all rates and taxes, be deemed to be the occupiers of the allotments which are let, but they shall cause the sums from time to time paid by way of rates and taxes in respect of the allotments to be apportioned among them, and cause the sum so apportioned in respect of each allotment to be certified to the tenant thereof, and such sum shall be added to the rent otherwise payable by the said tenant in respect of such allotment, and shall be deemed to be part of such rent, and be recoverable accordingly: Provided always, that for the purposes of the parliamentary franchise, and the municipal and county and all other local franchises, the tenants shall be deemed to be the occupiers and such rates to have been paid by them, notwithstanding the provisions herein-before contained.

(3) One person shall not hold any allotment or allotments acquired under this Act exceeding one acre, and an allotment shall not be sub-let.

(4) Provided that if at any time any allotment cannot be let in accordance with the provisions of this Act and the regulations, the same may be let to any person whatever at the best annual rent which can be obtained for the same, and on such terms as may enable the local authority to resume possession thereof within a period not exceeding twelve months if it should at any time be required to be let under the provisions aforesaid.

(5) No building other than a toolhouse, shed, greenhouse, fowlhouse, or pigsty shall be erected on any part of any allotment and if any building other than as aforesaid is so erected, the local authority shall forthwith pull down such building and sell and dispose of the materials thereof, and the proceeds of the sale shall be applicable in like manner as the rent of the allotment. If any building so allowed to be erected is erected upon an allotment, then at the end of the tenancy neither the local authority nor the incoming shall be bound to take any such building or pay any compensation therefor, but the outgoing tenant shall be at liberty, before the expiration of his tenancy, to remove the same, and, if he fails so to do, the local authority may, after such expiration, pull down the building and dispose of the materials, and apply the proceeds in like manner as if it were a building prohibited to be erected.

(6) A tenant of an allotment may, before the expiration of his tenancy, remove any fruit and other trees and bushes planted or acquired by him, for which he has no claim for compensation.

8. Recovery of rent and possession of allotments.

(1) The rent for an allotment let in pursuance of this Act, and the possession of such allotment in the case of any warning to remove, or failure to deliver up possession of the same as required by law, may be recovered by the local authority as landlords, in the like manner as in any other case of landlord and tenant.

(2) If the rent for any allotment is in arrears for not less than forty days, or if it appears to the local authority that the tenant of an allotment not less than three months after the commencement of the tenancy thereof has not duly observed the regulations affecting such allotment made by or in pursuance of this Act, or isresident more than one mile out of the burgh or parish for which the allotments are provided, the local authority may serve upon the tenant, or if he is residing out of the burgh or parish, leave at his last known place of abode in the burgh or parish, or fix in some conspicuous manner on the allotment, a written notice determining the tenancy at the expiration of one month after the notice has been so served or affixed, and thereupon such tenancy shall be determined accordingly: Provided that in every such case the local authority in default of agreement between the incoming and outgoing tenant shall on demand pay to the tenant whose tenancy is so determined any compensation due to him as an outgoing tenant; and such compensation shall be assessed by an arbiter appointed by the local authority, or, if the tenant so elect, by a reference under the Agriculture Holdings (Scotland) Act, 1883.

(3)Upon the ejectment of any tenant from an allotment, the court ordering the ejectment may stay proceedings until payment of the compensation, if any, due to the outgoing tenant has been made or secured to the satisfaction of the court.

9. Election of allotment managers.

(1) Where allotments have been provided under this Act on account of a parish in any county, a petition to the local authority may be presented by a number of the county electors in such parish, not being less than one-sixth of the whole number of such electors, praying for the election of allotment managers in such parish, and thereupon the local authority shall order such election, and the allotment managers so elected shall be the allotment managers of the allotments in such parish in lieu of allotment managers appointed by the local authority, who, on an election under this Act, shall cease to hold office.

(2) The first election shall be held on such a day as may, subject to the regulations hereinafter mentioned, be fixed by the local authority.

(3) The number of allotment managers in each case shall be such (not being less than three nor more than five) as the local authority may fix, and the quorum shall be three, or, if the number of managers is less than five, be two.

(4) The allotment managers shall retire triennially on such day as may be prescribed by the regulations hereinafter mentioned, and the allotment managers first elected shall retire on the day for retirement which occurs next after the expiration of three years after the day fixed for their election.

(5) Any casual vacancy among the allotment managers which occurs by death, resignation, disqualification, or otherwise, may, if there remains a quorum of allotment managers, be filled up by such managers, but the person elected to fill the vacancy shall hold office only for the same time as the vacating manager would have done.

(6) If at any time by reason of a failure of election, or of any other cause, there is no allotment manager, or no quorum of allotment managers in any parish, the local authority shall appoint allotment managers under this Act in that parish, and shall continue to appoint the same until another petition for the election of allotment managers is presented under this section.

(7) An elector shall not give more than one vote for any candidate nor vote for more candidates than the number to be elected.

(8) The election of allotment managers shall be held at such time, and in such manner, and in accordance with such regulations as the Secretary for Scotlandmay from time to time by order prescribe: and the Secretary for Scotland may make regulations respecting the duties of the returning officer, and the expenses of the election, and may do and make regulations respecting all such things as appear to him necessary or proper for carrying into effect this section, whether preliminary or incidental to such election, and for applying to such election any enactments respecting offences at the election of county councillors, and may revoke or alter any previous order under this section: Provided as follows:-- (a) Such person as the local authority may appoint shall be the returning officer ; (b) A poll, if demanded, shall be taken by ballot, and the said regulations shall provide for the application to such poll of the Ballot Act, 1872, including the provisions for punishing offences ; (c) The poll shall be held on one day only, and shall close at 8 o'clock in the evening, and shall be open for at least the period from five to eight o'clock in the evening ; (d) The returning officer shall not vote except in the case of an equality of votes between any candidates, in which case he shall give a casting vote ; (e) Any ballot boxes, instruments, fittings, and compartments provided by any public authority for parliamentary, municipal, county council, or school board elections, shall be lent to the returning officer on his request for the purposes of an election of allotment managers, under such conditions and either free of charge or for such reasonable charge as may be prescribed by regulations under this section ;

(9) An election under this section shall not be questioned except in such manner as may be prescribed by regulations under this section, and the regulations may apply to such election any enactments respecting the questioning of an election of county councillors.

(10) If an allotment manager is punished with imprisonment for any crime, or is adjudged a bankrupt, or enters into a composition or arrangement with his creditors, or ceases to reside in, or in the neighbourhood of, the parish, or absents himself for twelve months from all meetings of the allotment managers, except for temporary illness or other cause, to be approved by such managers, or is a tenant of any allotment under the management of the managers, he shall cease to be an allotment manager, and his office shall be vacant, and a person who, if elected, would by virtue of this enactment cease, otherwise than by reason of absence from meetings, to be a manager, shall not be qualified to be elected a manager, but, save as aforesaid, any retiring manager shall be eligible for re-election.

10. Expenses and receipts.

(1) All expenses incurred by a local authority under this Act, including allowances to officers of such authority for duties under this Act, shall be defrayed as if they were expenses incurred for water supply under the provisions of the Public Health (Scotland) Acts, and such expenses shall in the case of a county be charged to the district within which is situated the parish on account of which the land was acquired.

(2) All sums received by a local authority in respect of any land acquired under this Act, otherwise than from any sale or exchange, shall be applied in aid of the expenses incurred by them in respect of such land, and so far as they are not required for the payment of those expenses, shall be applied in aid of the expenses above in this section mentioned, and in the case of a county shall be credited to the district committee of the district within which is situated the parish on account of which the land was acquired. (3) The local authority may borrow for the purposes of acquiring, improving, and adapting land under this Act in like manner and subject to like conditions as for the purpose of defraying the above-mentioned expenses: and all sums payable by the local authority in respect of principal or of interest on any money so borrowed shall be defrayed in manner provided by this section respecting expenses incurred under this Act in respect of such land.

(4) The provisions of the Public Health (Scotland) Acts, relating to borrowing by a local authority for water supply and sections three and four of the Public Health (Scotland) Act, 1867, Amendment Act, 1875, relating to loans by the Public Works Loan Commissioners to a local authority, shall apply to a loan for the purposes of this Act to a local authority under this Act in like manner as if they were herein re-enacted and with the necessary variations made applicable thereto.

(5) Separate accounts shall be kept of the receipts and expenditure under this Act of the local authority and their officers (including the allotment managers) acting under this Act, and such accounts shall be audited in like manner, and with the like incidents and consequences as the accounts of the other receipts and expenditure of the local authority and their officers.

11. Sale of superfluous or unsuitable land.

(1) Where the local authority are of opinion that any land acquired by them in pursuance of this Act or any part thereof is no longer needed for the purpose of allotments, or that any other land more suitable for such purpose is available, they may sell or let such land or part, or exchange the same for other land more more suitable for the said purpose, and may pay or receive money for Equality of exchange.

(2) The proceeds of a sale under this section and any money received by the local authority on any such exchange as aforesaid by way of equality of exchange, shall be applied in discharging, either by way of a sinking fund or otherwise, the debts and liabilities of the local authority in respect of land acquired under this Act, or in acquiring, adapting and improving other land for allotments under this Act, and any surplus remaining may be applied for any capital purposes which is approved by the Secretary for Scotland ; and the interest thereon (if any) and any money received from the letting of the land may be applied in acquiring other land for allotments, or shall be applied in like manner as receipts from allotments under this Act are applicable : Provided that any such proceeds, surplus, interest, and money shall in the case of a county, be credited to or applied for the benefit of the district within which is situated the parish on account of which the land was purchased.

(3) Sections one hundred and twenty to one hundred and twenty-three (both inclusive) of the Lands Clauses Consolidation (Scotland) Act, 1845 (relating to the right of pre-emption of superfluous lands) shall apply on any sale by a local authority in pursuance of this section of any land, whether it is because it is no longer needed for the purpose of allotments, or because other land more suitable for the purpose is available, but, save as aforesaid, the provisions of the Lands Clauses Consolidation (Scotland) Act, 1845, with respect to the sale of superfluous lands shall not be deemed to be incorporated in this Act, or in ant provisional order made under this Act.

12. Power to make scheme for provision of common pasture.

Where it appears to any local authority that as regards their burgh, or any parish in their county land can be acquired for affording common pasture at such or rent that all expenses incurred by the local authorityin acquiring the land and otherwise in relation to the land when acquired may reasonably be expected to be recouped out of the charges paid in respect thereof, and that the acquisition of such land is desirable in view of the wants and circumstances of the labouring population, such local authority may frame a scheme for providing such common pasture, and if such scheme shall be approved at a second meeting of the local authority held with special notice by advertisement once at least for three successive weeks in some newspaper circulating in the locality, the local authority may order the scheme to be carried into effect, and upon such order being made this Act shall, with the necessary modifications, apply in like manner as if "allotments" in this Act, included common pasture, and "rent" included a charge for turning out an animal. Provided that the regulations made under this Act may extend to regulating the turning out of animals on common pasture, to defining the persons entitled to turn them out, the number to be turned out, and the conditions under which animals may be turned out, and fixing the charges to be made for each animal, and otherwise to regulating the common pasture.

13. As to combination of parishes.

Two or more parishes immediately adjoining each other may make a joint representation under this Act, and a local authority of a county may take proceedings in respect of such parishes as if they were a single parish.

14. Register of tenancies.

The local authority shall cause a register to be kept showing the particulars of the tenancy, acreage, and rent of every allotment let, and of the unlet allotments, and such register shall be open to the examination of ratepayers in the burgh or the [1. parish], as the case may be in such manner as may be prescribed by the regulations made under this Act by the local authority, and any ratepayer of such of such burgh or[1. parish], without paying any fee, may take copies of or extracts from such register, and within one month after the fifteenth day of May in everyyear the local authority shall cause an annual statement showing their receipts and expenditure under this Act in respect of the year ending on that day, to be deposited at some convenient place in the burgh or [1. parish] to which the statement relates, and any ratepayer may without fee inspect and take copies of such statement.

15. Use of school room, &c. free of charge.

Any room in a school receiving a grant out of moneys provided by Parliament may, except during ordinary school hours, and any room the expense of maintaining which is payable out of any rate assessment in the burgh or parish other than the school rate may, be used free of charge for the purpose of an election of allotment managers or an inquiry under this Act, or for the purposes of this Act by the local authority or any committee thereof, or, in the case of a school as aforesaid, with the consent of any two members of the school board or managers, as the case may be, for the purpose of holding public meetings to discuss any question relating to allotments under this Act, but any damage done to the room and any expense incurred by the person or persons having control over the room on account of its being so used shall be paid by the local authority or by the persons calling the meeting, as the case may be.

Nothing in this section shall give any right to hold a public meeting in a school room (a) unless not less than six days before the meeting a notice of the intention to hold the meeting on the day and at time specified in the notice, signed by the persons calling the meeting, being not less than six in number, and being persons qualified to make a representation to the local authority under this Act, has been given, if the school is under a school board, to the clerk of the board, and in any other case to one of the managers of the school; nor (b) if the use of the schoolroom on the said day and at the said time has previously to the receipt of the notice of the meeting been granted for some other purpose; but in the last mentioned case the clerk or manager, or some one on his behalf, shall forthwith after the receipt of the notice, inform in writing one of the persons signing it that the use of the school has been so granted for some other purpose, and name some other day on which the schoolroom can be used for the meeting.

If the persons calling the meeting fail to obtain the use of a schoolroom under this section, they may appeal to the local authority under this Act, and the local authority shall forthwith decide the appeal and make such order respecting the use of the room as deems just.

16. Definitions.

In this Act, unless the context otherwise requires-

The expression "local authority" shall mean, in a burgh the town council or police commissioners, and elsewhere than in a burgh the parish council.

The expression "burgh" includes royal and parliamentary burghs and any populous place having police commissioners under any general or local police Act:

The expressions "county," "county elector," "district" and "district committee" have the meanings assigned to them in the Local Government (Scotland) Act, 1889.

The expression "land" includes pasture, arable, and other land, and any right of way or servitude.

The expression "Public Health (Scotland) Acts" means the Public Health (Scotland) Act, 1867, and any Act amending the same.

17. Extent of Act.

This Act shall apply to Scotland only.

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