Words in s. 131 substituted (19.5.1997) by 1997 c. 30, ss. 6(5), 7(2)
S. 133: words in definition of “
Definition inserted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156, Sch 9 para. 87(8)
S. 134(1) repealed (5.11.1993 so far as it relates to the Burgh Police (Scotland) Acts 1892 to 1911) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group2.
S. 134 (2)-(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group2.
S. 135 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group2.
Power of appointment conferred by s. 137(2) fully exercised: S.I. 1983/201, 1984/573, 774
The text of ss. 75, 110, 119(5) and 137(7)(8) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Words in s. 133 inserted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(5)
Where an offence under this Act or any regulation or byelaw made under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
The provisions of
There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.
In this Act, except where the context otherwise requires—
“
“
“
the doorways or entrances of premises abutting on any such place; and
any common passage, close, court, stair, garden or yard pertinent to any tenement or group of separately owned houses; and
“
The repeal of—
the Burgh Police (Scotland) Acts 1892 to 1911; and
the local statutory provisions to which subsection (6) of section 225 of the
which by virtue, respectively, of
subsection (1) of section 229 of the said Act of 1973; and
the said subsection (6),
falls to take place at the end of 1982 shall, subject to subsection (2) below, sections 135 and 137 of this Act and any order thereunder, be postponed until the end of 1984 and in each of the said subsections, at the beginning there shall be inserted the words “Subject to sections 134(2), 135 and 137 of the Civic Government (Scotland) Act 1982 and any order under these sections,” and for the words “1982” there shall be substituted the words “1984”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Anything done or treated by virtue of any enactment as having been done under any provision of the Burgh Police (Scotland) Act 1892 to 1911 or under any local statutory provision to which subsection (6) of section 225 of the
The Secretary of State may by order make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary, proper or expedient for the general or any particular purpose of this Act or in consequence of any of the provisions thereof or for giving full effect thereto and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
Without prejudice to section 13 of the
An order under subsection (2) above—
may be made at any time, whether before, at the same time as or after the commencement of any provision of this Act to which the provision made by the order relates;
shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
This Act may be cited as the Civic Government (Scotland) Act 1982.
This Act, other than sections 134 to 136 and subsections (1) above, (3) to (6) and (9) below and this subsection, shall come into force on such date or dates as the Secretary of State may by order made by statutory instrument appoint and different dates may be appointed under this section for different provisions of this Act or for different purposes of the same provision.
An order under subsection (2) above shall of itself have the effect of repealing—
any provision of the Burgh Police (Scotland) Acts 1892 to 1911;
any local statutory provision (whether or not subject to an order under section 225(6) of the
to the extent that the provision provides for any matter which is also provided for (whether consistently or not) by or under any provision of this Act commenced by that order.
A repeal under subsection (3) above shall take effect on the date of commencement of the provision of this Act the commencement of which gives rise, under that subsection, to that repeal.
In this section “
a provision of a local Act, the Bill for which was promoted by a local authority;
a provision of an Act confirming a provisional order made on the application of a local authority;
a provision of an order made on such an application which was subject to special parliamentary procedure,
not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.
In subsection (5) above, “
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified.
The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act (except section 16, which applies to England and Wales) applies to Scotland only.