The Local Government etc. (Scotland) Act 1994 (Commencement No.4) Order 1995

Statutory Instruments

1995 No. 1898 (C.36) (S.141)

WATER SUPPLY, SCOTLAND

The Local Government etc. (Scotland) Act 1994 (Commencement No.4) Order 1995

Made

14th July 1995

The Secretary of State, in exercise of the powers conferred on him by section 184(2) of the Local Government etc. (Scotland) Act 1994(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.4) Order 1995.

(2) In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.

Day appointed

2.  17th July 1995 is the day appointed for the coming into force of—

(a) the provisions of the Act specified in column 1 of the Schedule to this Order (which relate to the matters specified in column 2 of that Schedule);

(b) subsections (1) and (2) of section 177 of the Act, so far as those subsections relate to the entries in Part II of the House of Commons Disqualification Act 1975(2) concerning the East of Scotland Water Authority, the North of Scotland Water Authority and the West of Scotland Water Authority;

(c) section 180 of the Act, so far as it relates to the provision in Schedule 13 to the Act specified in paragraph (d) below; and

(d) in Schedule 13 to the Act, paragraph 75(25)(b).

George Kynoch

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

14th July 1995

Article 2(a)

SCHEDULE PROVISIONS OF THE ACT COMING INTO FORCE ON 17th JULY 1995

Column 1	Column 2
Provision of the Act	Subject matter
Section 62	New water and sewerage authorities
Section 63	Alteration of water areas and sewerage areas
Section 64	Maps of areas
Section 65(2)	General duties of Secretary of State and of new authorities
Section 66	Codes of practice for new water and sewerage authorities
Section 73	Duty of new authorities as respects Natural Heritage Area or area of special interest
Section 74	Charges for services provided
Section 76	Charges schemes
Section 77	Publication of summary of charges scheme
Section 79(1) to (3) and (5)	Collection of charges by local authority
Section 81	Reduced charges
Section 83	Duties and powers relating to finance
Section 84	Financing and borrowing
Section 85	Guarantees
Section 86	Directions as to payment and investment
Section 87	Accounts
Section 88	Audit of accounts
Section 89	Subsidiary powers of new authorities
Section 90	Dissolution of Central Scotland Water Development Board
Section 98	Acquisition of land by agreement
Section 116	Power of Secretary of State to give directions to new authorities
Section 118(1)	Provision of information, etc.
Section 120(1)	Duty of new authorities to collaborate
Section 122	Supply of goods and services to new authorities by local authorities
Section 123	Power to require local authorities and assessors to supply information to new authorities
Schedule 7	Constitution and proceedings etc. of a new water and sewerage authority
Schedule 8	Water and sewerage areas

Explanatory Note

(This note is not part of the Order)

This Order provides for the commencement of various provisions in the Local Government etc. (Scotland) Act 1994 on 17th July 1995.

The provisions in question are those from Part II of that Act (Water and Sewerage Reorganisation) listed in the Schedule to this Order, and related provisions in sections 177 and 180 of, and Schedule 13 to, that Act.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994 (S.I. 1994/2850) provides for commencement of provisions in the Act as follows:—

(a) on 8th November 1994, sections 1, 5, 7, 12, 57, 61, 97(6), 125, 137(1) (partially), 157, 177 (partially), 178, 181 (partially), 183(1) and 184 and Schedules 1 and 2; and

(b) on 4th January 1995, sections 8 to 11, 13 to 17, 24, 34, 38, 40, 44, 47, 49, 50, 51(3), 60, 97 (so far as not in force), 101, 104, 113 to 115, 124, 126, 137 (so far as not in force), 141, 143, 146 to 151, 165 to 167, 170, 172, 173, 175, 179, 180 (partially) and 182, Schedule 5 and Schedules 13 and 14 (both partially).

The Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994 (S.I. 1994/3150) provides for commencement of provisions in the Act as follows:—

(a) on 31st December 1994, section 180(partially) and Schedule 13 (partially);

(b) on 4th January 1995, sections 153, 160, 161 and 180 (partially) and Schedule 14 (partially); and

(c) on 1st April 1995, sections 152, 154, 155, 156, 158, 159, 162(1) and 180 (partially) and Schedules 13 and 14 (both partially).

The Local Government etc. (Scotland) Act 1994 (Commencement No.3) Order 1995 (S.I. 1995/702) provides for commencement of provisions in the Act as follows:—

(a) on 10th March 1995, sections 91 to 96 and Schedule 11;

(b) on 1st April 1995, sections 164(1) and (2), 168, and 180 (partially) and Schedules 13 and 14 (both partially);

(c) on 6th April 1995, sections 2 to 4, 18, 19, 23, 25 to 29, 36, 39, 42, 43, 55, 56, 59, 127 (partially), 128 to 131, 133 to 136, 138, 169, 177 and 180 (both partially), 181 (so far as not in force) and 183(3) and (6), Schedules 3 and 12, and Schedule 13 (partially);

(d) on 1st August 1995, section 58 (partially); and

(e) on 1st April 1996, sections 20, 33 and 52, and Schedule 6.

(1)

1994 c. 39.

(2)

1975 c. 24.