1994 No. 2850 (C.63) (S.145)

LOCAL GOVERNMENT, SCOTLAND
WATER SUPPLY, SCOTLAND

The Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994

Made

The Secretary of State, in exercise of the powers conferred on him by sections 182(2) and 184(2) of the Local Government etc. (Scotland) Act 19941 and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation1

1

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

2

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

Days appointed

2

8th November 1994 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule).

3

4th January 1995 is the day appointed for the coming into force of–

a

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

b

section 180 of the Act, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (c) and (d) below;

c

in Schedule 13 to the Act (minor and consequential amendments)–

i

paragraph 3;

ii

paragraph 4(1) and (3);

iii

paragraph 27(1), (2) and (3)(a)(i);

iv

paragraph 60(1) and (3)(a) to (c);

v

paragraph 71(1) and (6);

vi

paragraph 75(1), (2)(b), (d) and (e), (13)(a)(ii), (14), (17)(d), (18)(c), (19)(b), (20) and (24);

vii

paragraph 92(1), (20), (22), (26), (27), (60) and (70);

viii

paragraph 95(1) and (2)(a), (b) and (d);

ix

paragraph 100(1) and (9)(f) and (g);

x

paragraph 119(1), (5)(d), (7)(c)(ii), (34), (36), (42) to (45), (46) (so far as that sub-paragraph relates to the definition of “wholesome” in section 76L(1) of the Water (Scotland) Act 19802), (51) and (53)(a)(iv) and (vi);

xi

paragraph 129(1) and (20)(b);

xii

paragraph 156(1), (3) and (4);

xiii

paragraph 176(1) and (19)(c) and (d); and

xiv

paragraph 177; and

d

the repeals in Schedule 14 to the Act specified in Schedule 3 to this Order.

Modifications4

1

The relevant provisions (being provisions amended or as the case may be added by provisions in the Act brought into force by article 3 of this Order) shall in the period from 4th January 1995 until 1st April 1996 apply as if modified by the substitution of the word “local” for the word “sewerage” in each place where that word appears in the relevant provisions (those modifications being such as appear to the Secretary of State requisite having regard to the fact that other provisions of Part II of, and Schedule 13 to, the Act are not for the time being in effect).

2

In paragraph (1) above, “the relevant provisions” means–

a

sections 1(2) and (4), 3A, 16A, 20(5), 22(2A), 23 and 48 of the Sewerage (Scotland) Act 19683; and

b

section 32(2) of the Control of Pollution Act 19744.

Ian LangOne of Her Majesty’s Principal Secretaries of StateSt Andrew’s House,Edinburgh

SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 8TH NOVEMBER 1994

Article 2

Column 1

Column 2

Provision of the Act

Subject matter

Section 1

Local government areas in Scotland

Section 5

Elections and term of office of councillors

Section 7

Establishment of new local authorities and supplementary provisions

Section 12

Staff commission

Section 57

Power and duty of existing local authorities to assist new authorities

Section 61

Interpretation of Part I

Section 97(6)

Extension of staff commission functions

Section 125

Interpretation of Part II

Section 137(1) (so far as it applies section 12 of the Act)

Extension of staff commission functions

Section 157

Certain orders relating to valuation not to be treated as hybrid

Section 177(1) and (3) (so far as those subsections relate to the entry in Part III of the House of Commons Disqualification Act 19755 concerning any member of the staff commission)

Parliamentary disqualification

Section 178

Financial provisions

Section 181(1), (2), (8) and (9)

Consequential and supplementary provisions

Section 183(1)

Interpretation

Section 184

Short title, commencement and extent

Schedule 1

New local government areas

Schedule 2

Establishment of new local authorities

SCHEDULE 2PROVISIONS OF THE ACT COMING INTO FORCE ON 4TH JANUARY 1995

Article 3(a)

Column 1

Column 2

Provision of the Act

Subject matter

Section 8

Transfer of employees

Section 9

Effect of section 8 on contracts of employment

Section 10

Continuity of employment

Section 11

Remuneration of employees of local authorities

Section 13

Compensation for loss of office or diminution of emoluments

Section 14

Employment by new authorities

Section 15

Transfer of property

Section 16

Property held on trust

Section 17

Educational endowments

Section 24

Transitional provisions: finance

Section 34

Reorganisation of police areas

Section 38

Roads

Section 40

Establishment etc. of Strathclyde Passenger Transport Authority

Section 44

Restriction on order-making powers of existing authorities

Section 47

Proceedings in district courts: transitional provisions

Section 49

Justice of the peace

Section 50

Stipendiary magistrates

Section 51(3)

Registration offices

Section 60

Applications to sheriff in cases of difficulty

Section 97 (so far as not already in force)

Staff: application of Chapter 2 of Part I etc.

Section 101

Authorisation of construction of certain private sewers etc.

Section 104

Disapplication of restrictions on disclosur e of information

Section 113

Actings of Secretary of State on default of water authority

Section 114

Publication and provision of information as respects quality of private supplies of water

Section 115

Regulations as to certain procedures

Section 124

Cancellation of obligation to contribute towards certain expenses incurred as respects sewerage, or disposal of sewage, in rural localities

Section 126

Orders under Part II

Section 137 ( so far as not already in force)

Staff: application of Chapter 2 of Part I

Section 141

Byelaws under section 121 of the Civic Government (Scotland) Act 19826

Section 143

Self-governing schools: certain proposals under the Education (Scotland) Act 19807

Section 146

Definition of “road”

Section 147

Provisions consequential on making of special road order

Section 148

Toll orders

Section 149

Road works register

Section 150

Traffic signs

Section 151

Exclusion from valuation roll of shootings, deer forests, fishings and fish counters

Section 165

Powers of authorities to borrow and lend money

Section 166

Grants in relation to ethnic minorities

Section 167

Special grants

Section 170

Effective use of resources

Section 172

Duty of Secretary of State to establish area tourist boards

Section 173

Power of Secretary of State to amend and revoke schemes

Section 175

Provision of assistance to boards by old authorities

Section 179

Savings

Section 182

Further transitional provisions

Schedule 5

Strathclyde Passenger Transport Authority

SCHEDULE 3REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 4TH JANUARY 1995

Article 3(d)

Chapter

Short title

Extent of repeal

18 & 19 Vict. c.68

The Burial Grounds (Scotland) Act 1855

In section 10, the words “any of the Lords Ordinary of” and the words from “And provided” to “such dwelling house”.

In section 11, the words from “but no ground” to the end.

10 & 11 Geo.6 c.41

The Fire Services Act 1947

In section 15(2), the proviso.

In section 36, in subsection (2), the words “and thirty-six” and “and twenty-three”.

1873 c. 65

The Local Government (Scotland) Act 1973

In section 84, subsections (2) and (4).

1980 c. 45

The Water (Scotland) Act 1980

Sections 64 to 67.

In section 76H(8), the words from “; and section 65” to the end.

In section 76L(1), the definition of “wholesome”.

In section 109, in subsection (1), in the definition of “owner”, the words “, save in sections 64 to 67,”.

1982 c. 45

The Civic Government (Scotland) Act 1982

In section 121, in subsection (6), the words from “and of” to “that proposal” and, in subsection (7), the words from “but the” to “his consent” and the word “nevertheless”.

(This note is not part of the Order)

This Order provides for the commencement of certain provisions in the Local Government etc. (Scotland) Act 1994 (“the Act”) on 8th November 1994 (article 2 and Schedule 1) and on 4th January 1995 (article 3 and Schedules 2 and 3).

Article 4 modifies certain provisions of the Sewerage (Scotland) Act 1968 and the Control of Pollution Act 1974 (which provisions are amended or added by provisions of the Act brought into force by article 3 of this Order) in their application in the period from 4th January 1995 to 1st April 1996. The provisions specified in article 4 are modified by the substitution of references to “local” authorities for the references to “sewerage” authorities (pending the assumption of functions by sewerage authorities on 1st April 1996).