Tait (Town-Clerk of Moffat), Petitioner [1905] ScotLR 43_95 (29 November 1905)

Tait (Town-Clerk of Moffat), Petitioner [1905] ScotLR 43_95 (29 November 1905)

The court held that, in the absence of a quorum due to resignations and failure to elect new councillors, it was empowered under section 113 of the Town Councils (Scotland) Act 1900 to order a special election to restore the council's functioning, as this situation was not otherwise provided for by statute.

Citation
[1905] ScotLR 43_95
Parties
Petitioner: William Tait
Jurisdiction
Scotland
Judgment Date
29 November 1905
Procedural Posture
Petition / Interlocutor (final Order on Special Election)
Outcome
Petition granted in part; special election ordered.
Legal Topics
Town Council Elections, Quorum of Council, Burgh Administration, Statutory Interpretation
Local Government Law Administrative Law Town Council Elections Quorum of Council Burgh Administration Statutory Interpretation

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Parties

William Tait

Petitioner

Procedural Posture

Petition / Interlocutor (final Order on Special Election)

Legal Issues

  1. 1 What procedure should be followed when a town council is left without a quorum due to resignations and failure of election?
  2. 2 Does the Town Councils (Scotland) Act 1900 or the Burgh Police (Scotland) Act 1892 provide a remedy in these circumstances?

Ratio Decidendi

The court held that, in the absence of a quorum due to resignations and failure to elect new councillors, it was empowered under section 113 of the Town Councils (Scotland) Act 1900 to order a special election to restore the council's functioning, as this situation was not otherwise provided for by statute.

Court Disposition

Petition granted in part; special election ordered.

Orders

  • Appoint hoc statu a special election of seven councillors to be held on Tuesday, 19th December 1905, by the electors in manner provided by section 36 of the Town Councils (Scotland) Act 1900.
  • Appoint William Edgar, Senior Bailie and acting Chief Magistrate, as returning officer for the election, with power to fix dates for notices and nominations.