Magistrates of Aberdeen Petitioners [1901] ScotLR 39_6 (19 October 1901)

Magistrates of Aberdeen Petitioners [1901] ScotLR 39_6 (19 October 1901)

Section 117 of the Town Councils (Scotland) Act 1900 is a broad savings clause that prevents the general Act from superseding, prejudicing, or affecting the provisions of any local Act applicable to any burgh. Therefore, the tenure and election of magistrates in Aberdeen remain governed by the Aberdeen Corporation Act 1891, and are not affected by the general provisions of the 1900 Act.

Citation
[1901] ScotLR 39_6
Parties
Petitioner: Lord Provost, Magistrates, and Town Council of Aberdeen
Jurisdiction
Scotland
Judgment Date
19 October 1901
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Tenure of Office, Statutory Savings Clause, Town Councils (scotland) Act 1900, Aberdeen Corporation Act 1891
Local Government Statutory Interpretation Tenure of Office Statutory Savings Clause Town Councils (scotland) Act 1900 Aberdeen Corporation Act 1891

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Lord Provost, Magistrates, and Town Council of Aberdeen

Petitioner

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Does section 117 of the Town Councils (Scotland) Act 1900 prevent the local provisions of the Aberdeen Corporation Act 1891 from being superseded by the general Act?
  2. 2 Is the tenure of office for magistrates in Aberdeen governed by the local Act or the general Act?

Ratio Decidendi

Section 117 of the Town Councils (Scotland) Act 1900 is a broad savings clause that prevents the general Act from superseding, prejudicing, or affecting the provisions of any local Act applicable to any burgh. Therefore, the tenure and election of magistrates in Aberdeen remain governed by the Aberdeen Corporation Act 1891, and are not affected by the general provisions of the 1900 Act.

Court Disposition

petition granted

Orders

  • Election of six magistrates to be held at the first meeting of Council after the constitution of the new Council in November; magistrates elected to remain in office for one year only, in terms of the Aberdeen Corporation Act 1891.