Part IVS

Miscellaneous and GeneralS

35 Placing of staff etc. of local authority at disposal of Secretary of State or of another local authority.S

(1)A local authority [F1within the meaning of [F2section 227(1) of the Town and Country Planning (Scotland) Act 1997]] may enter into an agreement with the Secretary of State or another local authority for the placing at his or their disposal, for the purposes of any function of a party to the agreement under any enactment (including an enactment in any local Act) or any instrument whether passed or made before or after the passing of this Act, on such terms as may be provided by the agreement, of the services of persons employed by the local authority and of any premises, equipment and other facilities under their control.

[F3(1A)A local authority within the meaning of section 33 of the M1Vehicle and Driving Licences Act 1969 may enter into an agreement with the Minister of Transport for the placing at his disposal, for the purpose of any of the relevant functions within the meaning of the said Act of 1969, on such terms as may be provided by the agreement, of the services of persons employed by the local authority and of any premises, equipment and other facilities under their control.]

(2)For the avoidance of doubt it is hereby declared that for superannuation purposes, in the absence of agreement to the contrary, service rendered by a person whose services are placed by a local authority at the disposal of the Secretary of State [F1or the Minister of Transport] or another local authority in pursuance of this section is service rendered to the first-mentioned local authority.

(3)In this section . . . F4premises” includes land and buildings.

Textual Amendments

F2Words in s. 35(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 11(1)

Modifications etc. (not altering text)

C1S. 35 applied (temp. from 6.4.1995 until 31.3.1996) by S.I. 1995/789, art. 2, Sch. para. 1

S. 35 extended (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 1 (with s. 32); S.S.I. 2000/312, art. 2

C2S. 35(1)(2) applied with modification by Sheriff Courts (Scotland) Act 1971 (c. 58), s. 24(5)

C3Functions of Minister of Transport now exercisable by Secretary of State: S.I. 1970/1681

Marginal Citations