Local Government (Scotland) Act 1973

1973 CHAPTER 65

An Act to make provision with respect to local government and the functions of local authorities in Scotland; to amend Part II of the Transport Act 1968; and for connected purposes.

[25th October 1973]

Modifications etc. (not altering text)

C1 Act extended (1.4.2001) by 2001 asp 2, S. 69(3)(a); S.S.I. 2001/132, art. 2(2) Sch Pt. 1

C2 Act excluded by District Courts (Scotland) Act 1975 (c. 20), s. 12; modified by Representation of the People Act 1983 (c. 2), s. 43(3)

C3 Act explained by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 20(1)(3)

C4 Act modified by Dockyard Services Act 1986 (c. 52, SIF 58), s. 3(1)(c) and by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), s. 1, Sch. 1 para. 1(4)

C5 Act applied with modifications by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 11, Sch. 2 para. 5

C6 Act excluded (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch., Pt. III, s.5.

C7 Act excluded (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch., Pt. XII, s.49.

Commencement Information

I1 Act not in force at Royal Assent see s. 238(2); Act wholly in force 16.5.1975

Part I S Local Government Areas, Authorities and Elections

New areas and councils S

1 New local government areas in Scotland. S

(1) For the administration of local government on and after 16th May 1975, Scotland shall have local government areas in accordance with the provisions of this section.

(2) Scotland (other than Orkney, Shetland and the Western Isles) shall be divided into local government areas to be known as regions, and those regions shall be the regions named in Part I of Schedule 1 to this Act and shall comprise the areas respectively described in column 2 of the said Part I, being administrative areas existing immediately before the passing of this Act.

(3) Orkney, Shetland and the Western Isles shall be local government areas to be known as islands areas, and shall comprise the areas respectively described in column 2 of Part II of the said Schedule, being administrative areas existing immediately before the passing of this Act.

(4) In each region there shall be local government areas to be known as districts, and the districts shall be the districts named in column 2 of Part III of the said Schedule and shall comprise the areas respectively described in column 3 of the said Part III, being administrative areas existing immediately before the passing of this Act.

(5) On 16th May 1975, all local government areas existing immediately before that date, that is to say, all counties, counties of cities, large burghs, small burghs and districts, shall cease to exist, and the council of every such area shall also cease to exist.

(6) Part IV of the said Schedule shall have effect in relation to the boundaries of the new local government areas.

2 Constitution of councils of regions, islands areas and districts. S

(1) For every region, islands area and district there shall be a council consisting of a chairman and councillors, and each such council shall have all such functions as are vested in them by this Act or otherwise.

(2) Each such council shall be a body corporate by the name “The Regional Council”, “The Islands Council” or “The District Council”, as the case may be, with the addition of the name of the particular region, islands area or district, and shall have a common seal.

3 Chairman. S

(1) The chairman of each such council as aforesaid shall be elected by the council from among the councillors, and in the case of an equality of votes the chairmanship shall be determined by lot as between those who received an equal number of votes.

(2) The term of office of the chairman shall be four years from the date of his election as chairman, except in the case of the first and second ordinary elections of chairman of a district council when the term of office shall be three years or, in the case of the filling of a casual vacancy, when the council may decide that the person elected to fill the vacancy should serve as chairman for the remainder of the term of office of the council.

(3) The election of the chairman shall be the first business transacted at the first meeting of the council held after the ordinary election of councillors, and at that meeting, until the chairman is elected, the returning officer, and failing him such councillor as may be selected by the meeting, shall preside.

(4) A person holding the office of chairman shall be eligible for re-election as chairman but shall cease to hold that office upon ceasing to be a councillor.

(5) On a casual vacancy occurring in the office of chairman, an election to fill the vacancy shall be held as soon as practicable by the council at a meeting of the council the notice of which specifies the filling of the vacancy as an item of business, and the meeting shall be conducted in the same manner as an ordinary election of chairman.

(6) The title of “Lord Provost” shall attach to the chairman of each of the district councils of the cities of Aberdeen, Dundee, Edinburgh and Glasgow, [F1 and the chairman of each other regional, islands or district council shall be known by such title as that council may decide.]

(7) A council may pay the chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.

Textual Amendments

F1 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 29

[F2 3A Vice-chairman. S

(1) A council may appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall hold office until the expiry of the term of office of the council.

(3) A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor.

(4) Subject to any standing order made by a council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(5) A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.]

Textual Amendments

F2 S. 3A inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 27

Election of Councillors S

4 Term of office and retirement of councillors. S

(1) Councillors for a local government area shall be elected by the local government electors for that area in accordance with this Act and Part I of the [F3 Representation of the M1 People Act 1983].

(2) The ordinary election of councillors for a regional or islands council shall take place in 1974 and every fourth year thereafter.

(3) Subject to the provisions of subsection (6) below and of sections 37(3) of this Act, the term of office of regional or islands councillors shall be four years and they shall retire together at the end of such term on the day of the ordinary election of such councillors.

(4) The first ordinary election of councillors for a district council shall take place in 1974, the second such election shall take place in 1977 and the third such election shall take place in 1980; thereafter such elections shall take place every fourth year.

(5) Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of district councillors shall be

(a) for those elected in 1974 and 1977, three years;

(b) for those elected in 1980 and later, four years;

and they shall retire together at the end of such term on the day of the ordinary election of district councillors.

(6) A person elected to the office of councillor at an election held under the provisions of section 9 or 10 of this Act shall hold office only until the day of the next ordinary election.

Textual Amendments

F3 Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(a)

Marginal Citations

M1 1983 c. 2.

5 Electoral divisions and wards. S

(1) For the purpose of the election of councillors—

(a) every region and every islands area shall be divided into electoral divisions; and

(b) every district shall be divided into wards;

and each such division or ward shall return one councillor.

(2) There shall be a separate election for each electoral division or ward.

F4 6–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F4 Ss. 6–10 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II

11 Establishment of new local authorities and supplementary provisions. S

(1) Schedule 2 to this Act shall have effect with respect to the establishment of the new local authorities, the suspension of elections of existing local authorities and related matters, and this Part of this Act shall have effect, in relation to such establishment, subject to the provisions of that Schedule.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) Schedule 3 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the . . . F6 enactments relating to parliamentary . . . F6 elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 S. 11(2)(4) repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I

F6 Words repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I

Part II S Changes in Local Government Areas

Modifications etc. (not altering text)

C8 Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)

Proposals by Local Government Boundary Commission for Scotland S

12 Local Government Boundary Commission for Scotland. S

(1) There shall be a Local Government Boundary Commission for Scotland (in this Part of this Act referred to as “the Boundary Commission”) who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 4 to this Act shall have effect with respect to the Boundary Commission.

13 Proposals for changes in local government areas. S

The Boundary Commission may, in consequence of a review conducted by them under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):

(a) the alteration of a local government area;

(b) the constitution of a new local government area;

(c) the abolition of a local government area;

(d) a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a “substantive change”) which is independent of any change in local government areas so proposed.

Modifications etc. (not altering text)

C9 S. 13 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

14 Duty and power to review local government areas. S

(1) Subject to sections 15 and 16 of this Act, it shall be the duty of the Boundary Commission, not less than ten nor more than fifteen years after 16th May 1975 and thereafter at intervals of not less than ten nor more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(2) Without prejudice to subsection (1) above, the Boundary Commission may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3) If the Boundary Commission receive a request from a local authority or from any person that they should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to the Commission to have an interest, the Commission shall consider the request.

(4) In any case where the Secretary of State has made an order under section 1 of the M2 New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the Boundary Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

Marginal Citations

M2 1968 c. 16.

15 Powers of Secretary of State in relation to reviews. S

(1) The Secretary of State may by direction given to the Boundary Commission vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases.

(2) Subject to section 16 of this Act, the Secretary of State may direct the Boundary Commission to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas as are authorised by section 13 of this Act and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3) The Secretary of State may direct the Boundary Commission not to undertake during a specified period a review of any one or more local government areas or parts of such areas which they have the duty or power to review under section 14 of this Act.

(4) The Secretary of State may give directions to the Boundary Commission for their guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(5) A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(6) The Secretary of State may give directions to the Boundary Commission with respect to the order in which areas are to be reviewed by them under sections 14 and 15(2) of this Act.

Modifications etc. (not altering text)

C10 S. 15. power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

16 Substantive changes in electoral arrangements. S

(1) No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the Boundary Commission not less than ten nor more than fifteen years after the submission of the report on the initial review of electoral arrangements for a local government area under Schedule 5 to this Act and thereafter, so far as is reasonably practicable, at intervals of not less than ten nor more than fifteen years from the submission of the last report of the Commission under this subsection in relation to that area, to review the electoral arrangements for that area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3) Without prejudice to subsection (2) above, the Boundary Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and the Commission shall formulate any such proposals accordingly.

17 Commission’s reports and their implementation. S

(1) Where the Boundary Commission have—

(a) in accordance with section 14 or 15 of this Act been conducting a review of any area; or

(b) in accordance with section 16 of this Act been conducting a review of electoral arrangements,

on which they have a power or duty to formulate proposals to the Secretary of State, and in either case the Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it, they shall, not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16 of this Act, submit a report to him on the review or that part, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Boundary Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Boundary Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make a report to him containing revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Where, following the submission of any report by the Commission under this section, the Secretary of State decides to make an order thereunder which abolishes or alters the boundaries of any local government area, he shall lay any such report before Parliament together with the order, and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either house of Parliament.

Modifications etc. (not altering text)

C11 S. 17 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

Conduct of Reviews S

18 Procedure for reviews. S

(1) Where the Boundary Commission propose to conduct a review under the foregoing provisions of this Part of this Act, they shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2) In conducting any such review, the Boundary Commission shall—

(a) consult—

(i) the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to them to be concerned;

(ii) any bodies representative of staff employed by local authorities who have asked the Boundary Commission to consult them; and

(iii) such other persons as they think fit;

(b) take such steps as they think fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;

(c) in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d) take into consideration any representation made to them within that period.

(3) Where the Boundary Commission make a report under this Part of this Act they shall—

(a) take such steps as they think fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;

(b) in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to any proposals contained in the report, or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

(4) Subject to the foregoing provisions of this section, the procedure of the Boundary Commission in conducting any review under this Part of this Act shall be such as they may determine.

Modifications etc. (not altering text)

C12 S. 18 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

19 Local inquiries. S

(1) The Boundary Commission may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2) Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Boundary Commission.

Modifications etc. (not altering text)

C13 S. 19 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

Supplementary Provisions S

20 Initial review of areas and electoral arrangements. S

Schedule 5 to this Act shall have effect with respect to the initial review of local government areas and electoral arrangements.

21 Delegation of functions of Commission. S

(1) The Boundary Commission may appoint one or more members of the Commission—

(a) to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and

(b) to report to the Commission accordingly.

(2) At the request of the Boundary Commission the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above—

(a) shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b) shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of [F7 the Treasury].

Textual Amendments

F7 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

Modifications etc. (not altering text)

C14 S. 21 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

22 Restriction on promotion of private legislation for changing local government areas, etc. S

No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

23 Change of name of region, islands area or district. S

F8 (1)... the council of a region, islands area or district may, by a resolution passed by [F9 not less than two-thirds of the members voting thereon] at a meeting of the council specially convened for the purpose with notice of the object, change the name of the region, islands area or district.

(2) Notice of any change of name made under this section—

(a) shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and

(b) shall be published in such manner as the Secretary of State may direct.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F8 Words "Subject to subsection (4) below" repealed by Local Government (Miscellaneous Provisions)(Scotland) Act 1981 (c.23), s.25 Sch. 2 para. 30(1)(a)(i)(2), Sch 4 (by Sch 2 para 30(2) it is provided that para 30(1) and, in so far as relating to s,23, Sch 4 to that Act have no effect as regards a case where consent to a change of name has been applied for before 11.6.1981 for the purposes of s. 23(4)

F9 Words substituted for words “a majority of the whole number of the members of the council” by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 30(1)(a)(ii)(2) (by Sch. 2 para. 30(2) it is provided that para. 30(1) has no effect as regards a case where consent to a change of name has been applied for before 11.6.1981 for the purposes of s. 23(4))

F10 S. 23(4) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 30(1)(b)(2), Sch. 4 (by Sch. 2 para. 30(2) it is provided that para. 30(1) and, in so far as relating to s. 23, Sch. 4 to that Act have no effect as regards a case where consent to a change of name has been applied for before 11.6.1981 for the purposes of s. 23(4))

Modifications etc. (not altering text)

C15 S. 23 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

24 Consequential and transitional arrangements relating to Part II. S

(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act 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.

(2) Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to—

(a) the name of any altered area;

(b) the constitution and election of public bodies in any area affected by the order;

(c) the retiral of existing councillors for electoral areas which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral areas;

(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order;

(f) the register of electors to be used at any election of regional, islands or district councillors for any electoral area affected by the order.

(6) In this section and in section 25 of this Act, “public body” means a local authority, joint board or joint committee.

25 Transitional agreements as to property and finance. S

(1) Subject to any regulations made under section 24 of this Act and to the provisions of any order made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2) The agreement may provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b) for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c) for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3) In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the M3 Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.

(4) Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.

(5) Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.

Modifications etc. (not altering text)

C16 S. 25 extended (6.4.1995) by 1994 c. 39, s. 181(7); S.I. 1995/702, art. 4(1), Sch. 2 para. 32

Marginal Citations

M3 1972 c. 59.

26 Variation and revocation of orders under Part II. S

(1) The power conferred by section 233 of this Act to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2) When the Secretary of State proposes to make any such varying or revoking order he shall prepare a draft of the order, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.

(3) The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make an order either in the form of the draft or subject to modifications.

(4) The Secretary of State may cause a local inquiry to be held with respect to a draft order under this section.

(5) In this section “supplementary provision” means any such provision as could be made by an order under this part of this Act by virtue of section 24 or 215 of this Act.

27 Consultation with Boundary Commission on schemes for community councils. S

In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult the Boundary Commission on any matter relating to the boundaries of the area of a community council.

28 Supplementary. S

(1) In this Part of this Act—

• “electoral arrangements” means, in relation to a local government area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of the councillors, and the designation of any electoral area;

• “local government area” means a region, islands area or district;

• “substantive change” has the meaning assigned to it by section 13(d) of this Act.

(2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State and the Boundary Commission shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of section 5 of this Act.

(3) Nothing in this Part of this Act shall affect, nor shall anything done thereunder affect, the area of the registration district for which a registrar is required to be appointed under the M4 Registration of Births, Deaths and Marriages (Scotland) Act 1965 or the provisions of that Act relating to registration districts.

Marginal Citations

M4 1965 c. 49.

Part III S General Provisions as to Members of Local Authorities and Proceedings

Qualifications and disqualifications S

29 Qualifications for nomination, election and holding office as member of local authority. S

(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 21 years, is a British subject or a citizen of the Irish Republic [F11 or a relevant citizen of the Union] and not subject to any legal incapacity and—

(a) is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or

(b) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or

(c) his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or

(d) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.

(2) In subsection (1) above,

• [F12 “citizen of the Union” shall be construed in accordance with Article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; and]

• “owner” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.

Textual Amendments

F11 Words in s. 29(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(2)

F12 Definition of "citizen of the Union" in s. 29(2) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(2)

Modifications etc. (not altering text)

C17 S. 29 modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 3 (with s. 7(2)); S.I. 1994/2850, art. 2, Sch. 2

S. 29 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

30 Re-election. S

A person ceasing to hold office to which he is elected under this Act shall, unless he is not qualified or is disqualified, be eligible for re-election.

Modifications etc. (not altering text)

C18 S. 30 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

31 Disqualifications for nomination, election and holding office as member of local authority. S

(1) Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—

(a) he or a partner of his holds any paid office or employment (other than the office of chairman [F13 or vice-chairman]) or other place of profit in the gift or disposal—

(i) of the authority; or

(ii) of any joint committee . . . F14 the expenses of which are defrayed in part by the authority; or

(b) he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or

(c) he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(d) he is disqualified for being elected or for being a member of that authority under Part III of the [F15 Representation of the M5 People Act 1983].

[F16 (1A) A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of chairman or vice-chairman of the board) or other place of profit in the gift or disposal of the board.]

(2) Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—

(a) the sequestration of his estate is recalled or reduced; or

[F17 (b) he is discharged under or by virtue of the Bankruptcy (Scotland) Act 1985.]

(3) Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—

(a) if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b) if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and

(c) if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.

(4) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M6 Transport Act 1962) of, the Passenger Transport Executive for an area which falls within a region shall be disqualified for being elected or being a member of the council of that region.

Textual Amendments

F13 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 13

F14 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 1(4)(a), 194(4), Sch. 12 Pt. II

F15 Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(b)

F16 S. 31(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 1(4)(b)

F17 S. 31(2)(b) substituted by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(1), Sch. 7 para. 12

Modifications etc. (not altering text)

C19 S. 31(1)(2)(3) applied (temp.) by S.I. 1994/3255, art. 3, Sch. I para. 1

Marginal Citations

M5 1983 c. 2.

M6 1962 c. 46.

Yn ddilys o 20/01/2005

[F18 31A Disqualification of officers, employees etc. from remaining members of local authority S

(1) A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.

(2) A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.

(3) A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.

(4) In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).

(5) In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).

(6) This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).]

Textual Amendments

F18 S. 31A inserted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(2), 17(2); S.S.I. 2004/558, art. 2

32 Proceedings for disqualification. S

(1) Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authority may be instituted before the sheriff principal by any opposing candidate at the election.

(2) Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned.

(3) Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue.

(4) Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may—

(a) make a declaration to that effect and declare that the office in which the person has acted is vacant;

(b) grant interdict against the person so acting;

(c) order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit.

(5) Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting.

(6) The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.

(7) For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority.

Modifications etc. (not altering text)

C20 S. 32 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

33 Validity of acts done by unqualified persons. S

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.

Modifications etc. (not altering text)

C21 S. 33 applied (temp.) by S.I. 1994/3255, art. 3, Sch. I para. 1

[F19 Acceptance of Office S

Textual Amendments

F19 S. 33A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 30(1)

33A Declaration of acceptance of office of councillor. S

(1) A person elected to office as a councillor of a local authority shall not, unless—

(a) he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and

(b) the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,

act in the office except for the purpose of taking such a declaration.

(2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3) The declaration shall be made before either—

(a) two members of the local authority to which the declarant is elected; or

(b) the proper officer of the local authority; or

(c) the sheriff; or

(d) a justice of the peace.

(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.]

Modifications etc. (not altering text)

C22 S. 33A amended by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 31(7)

C23 S. 33A applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

Resignation and Vacation of Office S

34 Resignation. S

A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect.

Modifications etc. (not altering text)

C24 S. 34 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

35 Vacation of office by failure to attend meetings. S

(1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority.

(2) Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(3) A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.

Modifications etc. (not altering text)

C25 S. 35 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

36 Casual vacancies. S

For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a) in the case of death, on the date of death;

(b) in the case of resignation, the date on which the notice of resignation takes effect;

(c) in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal or the date of the determination of any appeal;

(d) in the case of a full number of members of a local authority not being elected at an election, the [F20 day on which the poll was held at] the election;

(e) in the case of an election being declared void on an election petition, the date of the decision of the election court;

(f) in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.

Textual Amendments

F20 Words in s. 36(d) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(4)(6)

Modifications etc. (not altering text)

C26 S. 36 applied (temp.) by S.I. 1994/3255, art. 3, Sch. I para. 1

37 Filling of casual vacancies. S

(1) On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the [F21 day on which the poll is to be held at the] election to fill the vacancy shall be fixed by the returning officer.

(2) Where a casual vacancy in any such office occurs within six months before the date of the next ordinary election, an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

(3) A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election.

Textual Amendments

F21 Words in s. 37(1) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(5)(6)

Modifications etc. (not altering text)

C27 S. 37(1)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

Restrictions on voting S

38 Disability of members of authorities for voting on account of interest in contracts, etc. S

(1) Subject to the provisions of section 60 of this Act, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting, and as soon as practicable after its commencement, disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(2) If any person fails to comply with the provisions of subsection (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding [F22 level 4 on the standard scale] unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.

(3) A local authority may, by standing orders, provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.

(4) The following, that is to say—

(a) the receipt by the chairman [F23 or vice-chairman] of a council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;

(b) the receipt by a member of a local authority of an allowance or other payment under any provision of sections 45 to 48 of this Act [F24 or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989] or his right to receive, or the possibility of his receiving, any such payment;

shall not be treated as a pecuniary interest for the purposes of this section.

Textual Amendments

F22 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F23 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 14

F24 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1), Sch. 11 para. 33

Modifications etc. (not altering text)

C28 S. 38 modified by Transport Act 1985 (c. 67, SIF 126), ss. 74(12), 104(2)

C29 S. 38(4)(a) applied (with modifications) (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

39 Pecuniary interests for purposes of section 38. S

(1) For the purposes of section 38 of this Act, a person shall be treated, subject to the following provisions of this section and to section 41 of this Act, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—

(a) he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.

(2) Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.

(3) In the case of married persons living together, the interest of one spouse shall, if known to the other, be deemed for the purpose of section 38 of this Act to be also an interest of the other.

Modifications etc. (not altering text)

C30 S. 39 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 39 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

40 General notices and recording of disclosures for purposes of section 38. S

(1) A general notice, given in writing to the proper officer of the authority by a member thereof, to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2) The proper officer of the authority shall record, in a book to be kept for the purpose, particulars of any disclosure made under section 38 of this Act and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any local government elector for the area of the local authority.

Modifications etc. (not altering text)

C31 S. 40 excluded (16.1.1990 to a certain extent and 8.5.1992 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 19(4); S.I 1989/2445, art. 4; S.I. 1992/760, art.2.

C32 S. 40 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 40 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

41 Removal or exclusion of disability, etc. S

(1) The Secretary of State, as respects a member of any local authority, may, subject to such conditions as he may think fit to impose, remove any disability imposed by section 38 of this Act in any case in which the number of members of a local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.

(2) The power of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member, or any class or description of member, by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.

(3) Nothing in section 38 of this Act precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.

(4) Section 38 of this Act does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as [F25 a person who is liable to pay any of the community charges or community water charges imposed under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 [F26 or any council tax or council water charge imposed under the Local Government Finance Act 1992] or who would be so liable but for any enactment or anything provided or done under any enactment or as] a ratepayer or inhabitant of the area, or as an ordinary consumer of water or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.

(5) For the purposes of section 38 of this Act, a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected, as mentioned in section 39 of this Act, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.

(6) Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £1,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, sections 38 and 39 of this Act shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose his interest.

Textual Amendments

F25 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 145, Sch. 6 para. 23

F26 Words in s. 41(4) inserted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para.35; S.I. 1993/575, art. 2(c)

Modifications etc. (not altering text)

C33 S. 41 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 41 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

C34 S. 41(1)-(3) extended (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 112(4).

C35 S. 41(1)-(3) applied (1.4.1996) by 1994 c. 39, ss. 74(4), 82(4); S.I. 1996/323, art. 4(1)(a), Sch. 1

42 Interpretation of sections 39 and 41. S

[F27 (1) In sections 39 and 41 of this Act “securities” means—

(a) investments falling within any of paragraphs 1 to 6 of Schedule 1 to the Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or

(b) rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the Industrial and Provident Societies Act 1965 or any building society within the meaning of the Building Societies Act 1986.]

(2) In section 39 of this Act, “public body” includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, or college, school or hall of a university, college of education or central institution or of any institution established under [F28 section 77(2) of the M7 Education (Scotland) Act 1980] and the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the M8 National Trust for Scotland Order Confirmation Act 1935.

In this subsection, “college of education” and “central institution” have the meanings assigned to them by [F28 section 135(1) of the said Act of 1980].

Textual Amendments

F27 S. 42(1) substituted by Financial Services Act 1986 (c. 60, SIF 69), s. 212(2), Sch. 16 para. 9

F28 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44), Sch. 3 para. 1

Modifications etc. (not altering text)

C36 S. 42 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 42 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

Marginal Citations

M7 1980 c. 44.

M8 1935 c. ii.

Meetings and proceedings S

43 Meetings and proceedings of local authorities. S

The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees.

Modifications etc. (not altering text)

C37 S. 43 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

F29 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F29 S. 44 repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3

Allowances to members of local authorities and other bodies S

F30 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F30 S. 45 repealed (1.4.1991) with savings in s. 45(4) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 2(1); S. 45 expressed to be amended (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 and s. 45(4) expressed to be amended (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

F31 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F31 S. 45A repealed (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii)

46 Travelling allowance and subsistence allowance. S

(1) Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel [F32 or subsistence] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

F33 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(1)

F33 S. 46(2) repealed by Local Government, Planning and Local Act 1980 (c. 65), Sch. 34 Pt. XVI

Modifications etc. (not altering text)

C38 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C39 S. 46 extended by Social Work (Scotland) Act 1968 (c. 49), Sch. 3 para. 8 (as substituted by Local Government (Scotland) Act 1975 (c. 30), s. 33) and Education (Scotland) Act 1980 (c. 44), Sch. A1 para. 9 (as inserted by Education (Scotland) Act 1981 (c. 58), s. 1(2), Sch. 1)

C40 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

C41 S. 46 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 46 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

47 Allowances for attending conferences and meetings. S

(1) The following bodies, that is to say—

(a) any local authority;

(b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such [F34 allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.

(1A) payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

(a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

(b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.]

(2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3) In relation to a local authority, this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

[F35 (3A) In relation to any [F36 body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities] this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.]

(4) In relation to any other body to which this section applies, other than a water development board within the meaning of [F37 the M9 Water (Scotland) Act 1980], this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

(5) In relation to any water development board as aforesaid, this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any other person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in the opinion of the board relate to their functions.

Textual Amendments

F34 Words in s. 47(1) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34; S.I. 1991/344, art. 3(2)(a)

F35 S. 47(3A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(5)

F36 Words in s. 47(3A) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34(b); S.I. 1991/344, art. 3(2)(a)

F37 Words substituted by virtue of Water (Scotland) Act 1980 (c. 45), Sch. 9 para. 3

Modifications etc. (not altering text)

C42 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C43 S. 47 restricted by S.I. 1991/397, reg. 23

Ss. 45-50 restricted by S.I. 1991/397, reg. 26

S. 47 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

C44 S. 47 (except (5)) applied (temp.from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M9 1980 c. 45.

48 Payment of expenses of official and courtesy visits, etc. S

(1) Subject to subsection (2) below, a local authority may—

(a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

(b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 46 of this Act if the making of the visit had been an approved duty of that member.

Modifications etc. (not altering text)

C45 S. 48 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 48 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

C46 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C47 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

49 Provisions supplementary to sections 45 to 48. S

(1) Sections 45 to 47 of this Act shall apply to the following bodies—

(a) all local authorities;

F38 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;

(d) any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;

(e) any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and

F39 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40 (1A) Sections 45 to 47 of this Act shall apply to any local valuation panel or valuation appeal committee but as if the payments referred to in those sections were made by the valuation authority.]

[F41 (2) In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.]

(3) For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body.

(4) Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act [F42 or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

Textual Amendments

F38 S. 49(1)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F39 S. 49(1)(f) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F40 S. 49(1A) added by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 46(b)

F41 S. 49(2) substituted (16.1.1990 for certain purposes and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 194(1), 195(2), Sch. 11 para. 35(3); S.I. 1989/2445, art. 4

F42 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1), Sch. 11 para. 35(4)

Modifications etc. (not altering text)

C48 S. 49 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 49 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

C49 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C50 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

F43 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F43 S. 49A repealed (1.4.1991) with savings by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 3(1); S. 49A amended (1.4.1996) by 1995/3026, arts. 1(2), 13

50 Regulations as to allowances. S

(1) The Secretary of State may make regulations as to the manner in which sections 45 to 48 [F44 and 49A] of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

(b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

(c) providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.

(2) A statutory instrument containing regulations under section 45 [F45 49 or 49A] of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F44 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(a)

F45 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(b)

Modifications etc. (not altering text)

C51 S. 50 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 50 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

C52 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C53 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

[F46 Part IIIA S Access to Meetings and Documents of Local Authorities, Committees and Sub-Committees

Textual Amendments

F46 Pt. IIIA (ss. 50A–50K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), ss. 2(1), 3

Modifications etc. (not altering text)

C54 Pt. IIIA extended (with modifications.) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 12; S.S.I. 2000/312, art. 2

50A Admission to meetings of local authorities. S

(1) A meeting of a local authority shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2) The public shall be excluded from a meeting of a local authority during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during consideration of that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3) For the purposes of subsection (2) above, “confidential information” means—

(a) information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b) information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4) A local authority may by resolution exclude the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of exempt information, as defined in section 50J below.

(5) A resolution under subsection (4) above shall—

(a) identify the proceedings, or the part of the proceedings, to which it applies; and

(b) state the description, in terms of Schedule 7A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section shall not require a meeting to be open to the public during proceedings to which the resolution applies.

(6) The following provisions shall apply in relation to a meeting of a local authority, that is to say—

(a) public notice of the time and place of the meeting shall be given by posting it at the offices of the authority three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b) while the meeting is open to the public, the authority shall not have power to exclude members of the public from the meeting; and

(c) where the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the authority or not connected to a public telecommunications system, for transmitting the report by means of such a system at their own expense.

(7) Nothing in this section shall require a local authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(8) This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

Modifications etc. (not altering text)

C55 S. 50A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50B Access to agenda and connected reports. S

(1) Copies of the agenda for a meeting of a local authority and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the authority in accordance with subsection (3) below.

(2) If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during consideration of which, in his opinion, the meeting is likely not to be open to the public.

(3) Any document which is required by subsection (1) above to be open to inspection shall be so open at least three clear days before the meeting, except that—

(a) where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b) where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection or subsection (1) above requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the authority.

(4) An item of business may not be considered at a meeting of a local authority unless either—

(a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b) by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5) Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a) every copy of the report or of the part shall be marked “Not for publication”; and

(b) there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 7A to this Act, of the exempt information by virtue of which the authority are likely to exclude the public during consideration of the item to which the report relates.

(6) Where a meeting of a local authority is required by section 50A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7) There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a) a copy of the agenda for a meeting of a local authority and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the authority in connection with the item.

(8) Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

Modifications etc. (not altering text)

C56 S. 50B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50C Inspection of minutes and other documents after meetings. S

(1) After a meeting of a local authority the following documents shall be open to inspection by members of the public at the offices of the authority until the expiration of the period of six years beginning with the date of the meeting, namely—

(a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of the proceedings during which the meeting was not open to the public as discloses exempt information;

(b) where applicable, a summary under subsection (2) below;

(c) a copy of the agenda for the meeting; and

(d) a copy of so much of any report supplied to members of the authority for the meeting as relates to any item during consideration of which the meeting was open to the public.

(2) Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

Modifications etc. (not altering text)

C57 S. 50C applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50D Inspection of background papers. S

(1) Subject, in the case of section 50C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a local authority are required by section 50B(1) or 50C(1) above to be open to inspection by members of the public—

(a) copies of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b) at least one copy of each of the documents included in that list,

shall also be open to such inspection at the offices of the authority.

(2) Subsection (1) above does not require a copy of the list, or of any document included in the list, to be open for inspection after expiration of the period of four years beginning with the date of the meeting.

(3) Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4) Nothing in this section—

(a) requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

(b) without prejudice to the generality of subsection (2) of section 50A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5) For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a) disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

(b) have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

Modifications etc. (not altering text)

C58 S. 50D applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50E Application to committees and sub-committees. S

(1) Sections 50A to 50D above shall apply in relation to—

(a) a committee or sub-committee of a local authority, and

(b) a committee (not falling within paragraph (a) above) constituted under an enactment specified in section 56(9) below or a sub-committee of such a committtee,

as they apply in relation to a local authority.

(2) In the application by virtue of this section of sections 50A to 50D above in relation to a committee or sub-committee—

(a) section 50A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent authority and if the meeting of the committee or sub-committee to which that section so applies is to be held at premises other than the offices of such an authority, at those premises; and

(b) for the purposes of section 50A(6)(c), premises belonging to a constituent authority shall be treated as belonging to the committee or sub-committee; and

(c) for the purposes of sections 50B(1), 50C(1) and 50D(1), offices of any constituent authority shall be treated as offices of the committee or sub-committee.

(3) Any reference in subsection (2) above to a constituent authority is a reference to a local authority which (whether alone or with one or more other local authorities) appointed the committee or, in the case of a sub-committee, appointed the committee of which that body is a sub-committee.

Modifications etc. (not altering text)

C59 S. 50E applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50F Additional rights of access to documents for members of local authorities. S

(1) Any document which is in the possession or under the control of a local authority and contains material which relates to any business to be transacted or proceedings at a meeting of—

(a) the authority or of a committee or sub-committee of the authority; or

(b) a statutory committee appointed by the authority, or any sub-committee of that committee,

shall, subject to subsection (2) below, be open to inspection by any member of the authority and, in the case of a committee or sub-committee, by any other member of the committee or sub-committee.

(2) Where it appears to the proper officer that a document discloses exempt information of a description for the time being falling within any of paragraphs 1 to 5, 7, 9, 11, 12 and 14 of Part I of Schedule 7A to this Act, subsection (1) above does not require the document to be open to inspection.

(3) The Secretary of State may by order amend subsection (2) above—

(a) by adding to the descriptions of exempt information to which that subsection refers for the time being; or

(b) by removing any description of exempt information to which it refers for the time being.

(4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The rights conferred by this section on a member of a local authority are in addition to any other rights he may have apart from this section.

Modifications etc. (not altering text)

C60 S. 50F applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50G Local authorities to publish additional information. S

(1) A local authority shall maintain a register stating—

(a) the name and address of each member of the authority for the time being and the electoral division or ward which he represents; and

(b) the name and address of every member of each committee or sub-committee of the authority for the time being.

(2) A local authority shall maintain a list—

(a) specifying those powers of the authority which, for the time being, are exercisable from time to time by officers of the authority in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and

(b) stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

(3) There shall be kept at the offices of every local authority a written summary of the rights—

(a) to attend meetings of the authority and of committees and sub-committees of the authority, and

(b) to inspect and copy documents and to be furnished with documents,

which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.

(4) The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the authority.

Modifications etc. (not altering text)

C61 S. 50G applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50H Supplemental provisions and offences. S

(1) A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours—

(a) in the case of a document open to inspection by virtue of section 50D(1) above, upon payment of such reasonable fee as may be required for the facility; and

(b) in any other case, without payment.

(2) Where a document is open to inspection by a person under any provision of this Part, the person may, subject to subsection (3) below—

(a) make copies of or extracts from the document,

(b) require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required subject to any provision to the contrary in any other enactment or instrument.

(3) Subsection (2) above does not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a local authority, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.

(4) If, without reasonable excuse, a person having the custody of a document which is required by section 50B(1) or 50C(1) above to be open to inspection by the public—

(a) intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extract from, the document, or

(b) refuses to furnish copies to any person entitled to obtain them under any provision of this Part,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) Where any accessible document for a meeting to which this subsection applies—

(a) is supplied to, or open to inspection by, a member of the public, or

(b) is supplied for the benefit of any newspaper, in pursuance of section 50B(7) above,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

(6) Subsection (5) above applies to any meeting of a local authority and any meeting of a committee or sub-committee as is mentioned in paragraph (a) or (b) of section 50E(1) above; and for the purposes of that subsection the “accessible documents” for a meeting are the following—

(a) any copy of the agenda or of an item included in the agenda for the meeting;

(b) any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 50B(7)(b) above;

(c) any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 50B(7)(c) above;

(d) any copy of the whole or part of a report for the meeting;

(e) any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 50D above.

(7) The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.

Modifications etc. (not altering text)

C62 S. 50H applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50J Exempt information. S

(1) The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 7A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of that Schedule.

(2) The Secretary of State may by order vary Schedule 7A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

(3) Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Modifications etc. (not altering text)

C63 S. 50J applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50K Interpretation and application of Part IIIA. S

(1) In this Part—

• “copy”, in relation to a document, includes a copy made from a copy;

• “exempt information” has the meaning given by section 50J above;

• “information” includes an expression of opinion, any recommendations and any decision taken;

• “newspaper” includes—

  (a)

  a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; and

  (b)

  any organisation which is systematically engaged in collecting news—

  (i)

  for sound or television broadcasts; or

  (ii)

  for programmes to be included in a cable programme service which is or does not require to be licensed.

(2) References in this Part to a committee or sub-committee, in relation to a local authority, shall be construed in accordance with the following provisions—

(a) references to a committee of a local authority are references to a committee appointed under section 57 below by the authority or by two or more local authorities of which one is that authority and references to a sub-committee of a local authority are references to a sub-committee appointed by such a committee under that section; and

(b) references to a statutory committee appointed by a local authority are references to a committee constituted under an enactment specified in section 56(9) below other than a committee constituted under the enactment specified in paragraph (d) of that section and appointed by the authority or by two or more local authorities of which that authority is one and references to a sub-committee of such a statutory committee shall be construed accordingly.

(3) Any reference in this Part to a meeting is a reference to a meeting commenced after the 1st April 1986.

Modifications etc. (not altering text)

C64 S. 50K applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part IV S Community Councils

Modifications etc. (not altering text)

C65 Pt. IV extended by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 1(1)

51 Establishment and general purpose of community councils. S

(1) Every local authority within the meaning of this Part of this Act shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.

(2) In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.

(3) In this Part of this Act, except subsection (2) above, “local authority” means an islands council or district council.

52 Schemes. S

(1) Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.

(2) After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—

(a) a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;

(b) where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;

(c) provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;

(d) provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and

(e) such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.

(3) The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.

(4) After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.

(5) The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.

(6) After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.

(7) Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.

53 Amendment of schemes. S

(1) Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.

[F47 (2) The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—

(a) the notified proposals; or

(b) those proposals as amended to take account of any such representations:

Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.

(3) A decision of the local authority—

(a) to review, under subsection (1) above; or

(b) to amend, under subsection (2) above,

a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.]

F48 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 S. 53(2)(3) substituted for s. 53(2)–(4) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(1) by Sch. 2 para. 3(2) it is provided that para. 31(1) has no effect as regards the operation of s. 53 in relation to proposals which were submitted to the Secretary of State before 11.6.1981 under s. 53(3))

F48 S. 53(4) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(2), Sch. 4 (by Sch. 2 para. 31(2) it is provided that para. 31(1) and, in so far as relating to s. 53, Sch. 4 to that Act have no effect as regards the operation of s. 53 in relation to proposals which, before 11.6.1981, were submitted to the Secretary of State under s. 53(3))

F49 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F49 S. 54 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

55 Assistance to community councils. S

F50 . . . islands and district councils may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.

Textual Amendments

F50 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Part V S Internal Organisation

Modifications etc. (not altering text)

C66 Pt. V (ss. 56-68): Power to apply conferred (6.4.1995) by 1994 c. 39, s. 27(9); S.I. 1995/702, art. 4(1), Sch. 2 para. 9 (with s. 7(2))

Discharge of functions S

F51 56 Arrangements for discharge of functions by local authorities. S

(1) Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.

[F52 (2) Where by virtue of this section any function of a local authority may be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—

(a) the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and

(b) the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.]

(3) Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

(a) the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions; and

(b) that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.

(4) Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

(5) Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

[F53 (6) A local authority’s functions with respect to—

(a) determining a rate;

(b) setting an amount of council tax in accordance with section 93(1) of the Local Government Finance Act 1992, or setting a reduced amount of council tax under section 94 of that Act or paragraph 3 of Schedule 7 to that Act;

(c) setting an amount of council water charge in accordance with paragraph 9 of Schedule 11 to the Local Government Finance Act 1992; or

(d) borrowing money,

shall be discharged only by the authority.]

(7) A local authority shall not make arrangements under this section for the discharge of any of their functions under [F54 the M10 Animal Health Act 1981] by any other local authority.

(8) Any enactment, except one mentioned in subsection (9)

below, which contains any provision—

(a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9) The following enactments are exempted from subsection (8)

above—

(a) section 36 of the M11 Fire Service Act 1947 so far as relating to administration schemes;

(b) sections 19, 20, 21 and 21A of the M12 Police (Scotland) Act 1967 (amalgamation schemes);

(c) section 2 of the M13 Social Work (Scotland) Act 1968 (social work committees);

(d) paragraph 3 of Schedule 3 to the said Act of 1968 (children’s panel advisory committees);

(e) section 7 of the M14 Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);

(f) section 9 of the said Act of 1972 (superannuation of teachers).

(10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

(11)—(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(14) References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(15) Nothing in this section affects the operation of the M15 Local Authorities (Goods and Services) Act 1970.

Textual Amendments

F51 S. 56 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

F52 S. 56(2) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 32

F53 S. 41(6) substituted (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para.36; S.I. 1992/2183, art. 2(c) (with art. 3).

F54 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F55 S. 56(11)–(13) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

Modifications etc. (not altering text)

C67 S. 56 excluded by Lotteries and Amusements Act 1976 (c. 32), s. 6(3).

C68 S. 56 excluded by Local Government and Housing Act (c. 42, SIF: 81:1, 2), ss. 4(5), 5(5)

C69 S. 56 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3, otherwise (prosp.)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2)

C70 S. 56(1) extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1); excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 117(6)

C71 S. 56(5): Power to direct conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(1)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

S. 56(5): Power to restict conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

Marginal Citations

M10 1981 c. 22.

M11 1947 c. 41.

M12 1967 c. 77.

M13 1968 c. 49.

M14 1972 c. 11.

M15 1970 c. 39.

57 Appointment of committees. S

(1) For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—

(a) the authority may appoint a committee of the authority; or

(b) two or more local authorities may appoint a joint committee of those authorities; or

(c) any such committee may appoint one or more sub-committees.

(2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3) A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, [F56 but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.]

(4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

Textual Amendments

F56 Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 and otherwise prosp. (with saving)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 14(6)(8)(a), 194(4), 195(2), Sch. 12 Pt. II

Modifications etc. (not altering text)

C72 S. 57 excluded by Water (Scotland) Act 1980 (c. 45), s. 3(4)

C73 S. 57 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

58 Expenses of joint committees. S

The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in the case of disagreement, as may be determined by the Secretary of State.

Modifications etc. (not altering text)

C74 S. 58 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

59 Disqualification for membership of committees and joint committees. S

(1) Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.

(2) Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

Modifications etc. (not altering text)

C75 S. 59(1) applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

60 Disability for voting on account of interests in contracts, etc. S

Sections 38 to 42 of this Act shall apply as respects members of a committee or sub-committee of a local authority or of any joint committee appointed by two or more local authorities, whether the committee, sub-committee or joint committee are appointed under this Act or under any other enactment, as they apply in respect of members of local authorities, subject to the following modifications—

(a) as respects members of a committee or sub-committee, references to meetings of the committee or sub-committee shall be substituted for references to meetings of the local authority; and

(b) as respects members of a joint committee, references to meetings of the joint committee shall be substituted for references to meetings of the local authority.

Modifications etc. (not altering text)

C76 S. 60 applied (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch., s. 3, Sch. 1 Pt. I para.5

S. 60 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

61 Membership of bodies to cease on ceasing to be member of authority. S

Where a local authority by virtue of any enactment of instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.

Modifications etc. (not altering text)

C77 S. 61 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

62 Standing orders, etc. S

A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any sub-committee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

Modifications etc. (not altering text)

C78 S. 62 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Yn ddilys o 01/04/1996

[F57 62A Incorporation of joint committees. S

(1) Where—

(a) arrangements are made (whether under this Act or any other enactment) for two or more local authorities (in this Part of this Act referred to as “the relevant authorities”) to discharge any of their functions, or any functions in any area, jointly;

(b) the relevant authorities have—

(i) appointed, or propose to appoint, a joint committee to discharge those functions; and

(ii) advertised their proposals in accordance with subsection (2) below; and

(c) application is made, in writing, to the Secretary of State by the relevant authorities for the incorporation of that joint committee (or proposed joint committee) as a joint board to carry out those functions,

the Secretary of State may by order establish a joint board in accordance with this section to discharge those functions.

(2) Before applying to the Secretary of State under subsection (1)(c) above, the relevant authorities shall place in at least one daily newspaper circulating in their areas an advertisement—

(a) giving brief details of what they propose to do;

(b) giving an address to which representations about the proposal may be sent; and

(c) fixing a date, being not less than 8 weeks after the date on which the advertisement appears, within which representations may be made,

and they shall include with their application evidence that an advertisement has been placed.

(3) Where any representations are timeously made in response to an advertisement placed in accordance with subsection (2) above, the relevant authorities shall consider them and shall include with their application a statement that they have done so.

(4) An order under subsection (1) above shall delegate to the joint board such of the functions of the relevant authorities as may be specified in the order and may include provision with respect to—

(a) the constitution and proceedings of the joint board;

(b) matters relating to the membership of the joint board;

(c) the transfer to the joint board of any property, rights and liabilities of the relevant authorities;

(d) the transfer to the joint board of any staff of the relevant authorities;

(e) the supply of services or facilities by the relevant authorities to the joint board,

and may, without prejudice to the generality of paragraphs (a) to (e) above, apply (with or without modifications) any of the provisions of Part V of this Act to a joint board as those provisions apply to a joint committee.

(5) A joint board established under this section shall be a body corporate and shall have a common seal.

(6) An order under subsection (1) above shall be in terms agreed by the relevant authorities.

(7) An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F57 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

Yn ddilys o 01/04/1996

F58 62B Power of Secretary of State to establish joint boards. S

(1) Where the Secretary of State considers—

(a) that any functions, or any functions in any area, of the relevant authorities should be discharged jointly by those authorities; and

(b) that arrangements, or satisfactory arrangements, for the joint discharge of those functions—

(i) have not been made by the relevant authorities; or

(ii) have ceased to be in operation,

he may, after consulting the relevant authorities, by order establish a joint board in accordance with this section.

(2) Subsections (4) and (5) of section 62A of this Act shall apply to a joint board established under this section as they apply to a joint board established under that section with the substitution of a reference to subsection (1) of this section for the reference to subsection (1) of that section.

(3) No order shall be made under subsection (1) above unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

Textual Amendments

F58 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

Yn ddilys o 01/04/1996

F59 62C Further provisions relating to joint boards. S

(1) Where a joint board has been established by order under section 62A or 62B of this Act, the Secretary of State may by order provide—

(a) for excluding any functions, or any functions in any area, from those specified in the order establishing that joint board; and

(b) for the dissolution of the joint board.

(2) An order shall not be made under subsection (1) above unless the Secretary of State has consulted the relevant authorities.

(3) An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The power to make an order under this section or section 62A or 62B of this Act shall include power to make such transitional, incidental, supplemental or consequential provision as the Secretary of State thinks necessary or expedient.

(5) An order under this section or section 62A or 62B of this Act may, for the purpose of making such provision as is mentioned in subsection (4) above—

(a) apply with or without modifications;

(b) extend, exclude or amend; or

(c) repeal or revoke with or without savings,

any enactment or any instrument made under any enactment.

Textual Amendments

F59 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

63 Application of foregoing provisions of Part V to police authorities and joint police committees. S

(1) Subsections (2) to (4) below shall have effect for the purposes of the application of the foregoing provisions of this Part of this Act to a local authority in relation to their functions as a police authority.

(2) A police authority may not arrange under section 56(1) of this Act for the discharge of any of their functions by another police authority or a district council.

(3) The following provisions of this Part of this Act shall not apply to a police authority—

(a) in section 56, subsections (3), (5) and (10),

(b) section 57(1)(b).

(4) Section 62 of this Act shall not apply in a case where a joint police committee are constituted by or under an amalgamation scheme made under Part I of the M16 Police (Scotland) Act 1967.

(5) Subsections (1) and (2) of section 56 of this Act shall apply to a joint police committee as they apply to a local authority except that—

(a) they may not arrange for the discharge of any of their functions by another joint police committee or a police authority or district council, or

(b) if the function relates to part only of the combined area in respect of which the committee are exercising functions, they may not arrange for the discharge of that function by any other person.

Marginal Citations

M16 1967 c. 77.

Yn ddilys o 01/04/1996

[F60 63A Sections 62A to 62C not to apply to fire authority. U.K.

Sections 62A to 62C of this Act shall not apply to a local authority in relation to their functions as a fire authority.]

Textual Amendments

F60 S. 63A inserted (1.4.1996) by 1994 c. 39, s. 180(1). Sch. 13 para. 92(16);S.I. 1996/323, art. 4(1)(c)

Staff S

64 Appointment etc. of staff. S

(1) Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.

(2) An officer appointed under subsection (1)

above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3) Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.

(4) Any enactment, except one mentioned in subsection (5)

below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

(5) The following enactments are excepted from subsection (4)

above—

(a) sections 18 and 19 of the M17 Fire Services Act 1947 (chief officers and members of fire brigades);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

[F62 (bb) section 9 of the Mental Health (Scotland) Act 1984 (appointment of mental health officers);]

(c) section 86 of the M18 Education (Scotland) Act 1962 (directors of education);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

(e) section 3 of the M19 Social Work (Scotland) Act 1968 (directors of social work);

(f) section 36 of the M20 Social Work (Scotland) Act 1968 (reporters); and

(g) section 67(3)(b) of the M21 Agriculture Act 1970 (agricultural analysts and deputies).

(6) Nothing in this section affects the operation of section 7 of the M22 Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the M23 Local Authorities (Goods and Services) Act 1970.

(7) Nothing in subsections (1)

and (2) above affects the operation of section 9 of the M24 Police (Scotland) Act 1967 (employees other than constables).

Textual Amendments

F61 S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

F62 S. 64(5)(bb) substituted by virtue of Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 21

F63 S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

Modifications etc. (not altering text)

C79 S. 64 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C80 S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2)

Marginal Citations

M17 1947 c. 41.

M18 1962 c. 47.

M19 1968 c. 49.

M20 1968 c. 49.

M21 1970 c. 40.

M22 1965 c. 49.

M23 1970 c. 39.

M24 1967 c. 77.

65 Placing of staff of local authorities at disposal of other local authorities. S

(1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2) For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

Modifications etc. (not altering text)

C81 S. 65 extended (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 3; S.S.I. 2000/312, art. 2

C82 S. 65 applied (9. 5. 1991) by Tay Road Bridge Order Confimation Act 1991 (c. iv), s. 1, Sch. Pt. VIII s.63

S. 65 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

66 Security to be taken in relation to officers. S

(1) A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2) A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3) A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

Modifications etc. (not altering text)

C83 S. 66 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

67 Members of local authorities not to be appointed as officers. S

A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed by that authority to any paid office, other than to the office of chairman [F64 or vice-chairman].

Textual Amendments

F64 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 15

Modifications etc. (not altering text)

C84 S. 67 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

68 Disclosure by officers of interest in contracts. S

(1) If it comes to the knowledge of an officer employed whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.

(2) An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3) Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding [F65 level 4 on the standard scale].

(4) References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.

Textual Amendments

F65 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C85 S. 68 applied (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. civ), s. 1 Sch. Pt. III s.9

S. 68 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part VI U.K. Miscellaneous Powers of Local Authorities

Subsidiary powers S

69 Subsidiary powers of local authorities. S

(1) Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2) A local authority shall not by virtue of this section raise money, whether by means of rates or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(3) Without prejudice to section 53 of the M25 Countryside (Scotland) Act 1967 (contributions by or to local authorities), two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

[F66 (4) The foregoing provisions of this section are subject to those of section 154A(2) and (4) of this Act.]

Textual Amendments

F66 S. 69(4) added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 16

Modifications etc. (not altering text)

C86 S. 69 (except subsection (4)) applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M25 1967 c. 86.

Land transactions S

70 Acquisition of land by agreement. S

(1) For the purposes of—

(a) any of their functions under this or any other enactment, or

(b) the benefit, improvement or development of their area,

a local authority may acquire by agreement any land, whether situated inside or outside their area.

(2) A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority’s functions.

(3) For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the M26 Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the M27 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M28 Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.

(4) Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.

Modifications etc. (not altering text)

C87 S. 70 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 10(1), 335

C88 S. 70 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(a); S.I. 1994/2850, art. 3(a), Sch. 2

Marginal Citations

M26 1845 c. 19.

M27 1845 c. 33.

M28 1923 c. 20.

71 Acquisition of land compulsorily. S

(1) Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.

(2) A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3) Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—

(a) the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

(b) where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4) The M29 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

Modifications etc. (not altering text)

C89 S. 71 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(b); S.I. 1994/2850, art. 3(a), Sch. 2

C90 S. 71 applied (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 4, 90, Sch. 1 para. 2(2) (with s. 77); S.S.I. 2005/392, art. 2(k)

Marginal Citations

M29 1947 c. 42.

72 Title to land. S

The title to all land acquired by a local authority shall be taken in the corporate name of the authority.

73 Appropriation of land. S

(1) Subject to Part II of the M30 Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.

(2) A local authority may not exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection [F67 (3)] below except with the consent of the Secretary of State.

(3) The land to which subsection (2) above applies is [F68 land which] is held for use as allotments.

Textual Amendments

F67 Word substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(a)

F68 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(b)

Marginal Citations

M30 1959 c. 70.

74 Disposal of land. S

(1) Subject to Part II of the M31 Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.

[F69 (3) The foregoing provisions of this section shall apply in relation to a disposal of land by a water development board (as defined in section 109(1) of the M32 Water (Scotland) Act 1980) as they apply in relation to any such disposal by a local authority.]

Textual Amendments

F69 S. 74(3) added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 24

Modifications etc. (not altering text)

C91 S. 74 applied with modifications by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 12(9)(10), 335

C92 S. 74 excluded by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 43(4)

C93 S. 74 excluded (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 28(6) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1.

C94 S. 74(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(a)

Marginal Citations

M31 1959 c. 70.

M32 1980 c. 45

74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70 S

Textual Amendments

F70 S. 74A repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XIII

75 Disposal, etc., of land forming part of the common good. S

(1) The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.

(2) Where a local authority desire to dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to dispose of the land accordingly.

(3) The Court of Session or sheriff acting under subsection (2)

above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be disposed of other land to be used for the same purpose for which the former land was used.

76 Special provisions as to land acquired for public recreation from heir of entail. S

Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.

77 Payment of purchase or compensation money by one local authority to another. S

Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.

Buildings, contracts, etc. S

78 Power to erect buildings, etc. S

(1) Subject to subsection (2)below and section 94 of this Act, a local authority may, for the purpose of any of their functions or for the benefit or improvement of their area, erect buildings or execute any other works on any land belonging to them or, where they are satisfied that the terms of the lease of land are such as to make it prudent for them to do so, on land leased by them, or convert, alter, enlarge or improve any existing building or other works belonging to them or, where they consider it prudent, any existing building or other works let to them.

(2) Subsection (1)above shall not of itself authorise a local authority to do anything contrary to the conditions contained in the title to or lease of any such land or building or other works or authorise land held for one purpose to be used for another purpose.

Modifications etc. (not altering text)

C95 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

79 Provision of offices, etc. S

A local authority may acquire or provide and furnish and maintain halls, offices and other buildings, whether within or without the area of the authority, to be used for the purpose of transacting the business of the authority or the business of any other body for which the authority are required or authorised by or under any enactment to provide accommodation, or for the purpose of public meetings or assemblies.

Modifications etc. (not altering text)

C96 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

C97 S. 79 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

80 Interpretation of “functions”. S

For the purposes of the foregoing provisions of this Part of this Act, the functions of a local authority shall be deemed to include the provision of accommodation for any committee, court or other body which the authority are required or authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.

Modifications etc. (not altering text)

C98 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

81 Contracts of local authorities. S

(1) A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2) A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3) Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4) A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

(5) In this section the expression “contracts” includes, in relation to the execution of works, arrangements for the execution of those works by persons employed by the local authority.

Modifications etc. (not altering text)

C99 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

C100 S. 81 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Private legislation S

82 Power of local authority to promote or oppose private legislation. S

(1) Subject to the provisions of this Act, where a local authority are satisfied that it is expedient to promote or oppose any private legislation in Parliament, the local authority may, in accordance with the procedure provided by this section, promote or oppose the same accordingly and may defray the expenses incurred in relation thereto.

(2) A resolution of a local authority to promote or oppose private legislation under subsection (1) above shall be—

(a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after ten clear days’ notice of the meeting and of its purpose has been given by advertisement in one or more newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and

(b) in the case of the promotion of private legislation, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936 and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the same.

(3) Where under section 2 of the Act of 1936, the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons are of opinion that provisions contained in a draft provisional order ought to be dealt with by private Bill and not by provisional order, the determination of the Chairmen shall forthwith be reported to the local authority concerned, and unless the authority resolve to proceed with the promotion of a private Bill dealing with the matters to which the said provisions relate or any of them, such a private Bill shall not be promoted, but if such a private Bill is to be promoted, the proceedings of the authority with respect to the promotion of a provisional order under this section shall be deemed to apply to the promotion of such a Bill.

(4) In ascertaining for the purpose of this section the whole number of members of a local authority, no account shall be taken of any vacancy which may at the time exist in the membership of the authority.

(5) No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing private legislation under this section.

(6) Nothing in this section shall affect the right of any local authority connected with the locality to which any draft provisional order referred to Commissioners under the Act of 1936 relates to make a report to the Commissioners respecting the provisions of the draft order.

(7) In this section—

• “Act of 1936” means the M33 Private Legislation Procedure (Scotland) Act 1936;

• “provisional order” means a provisional order under the Act of 1936;

• “private legislation in Parliament” and “private legislation” include a provisional order and the confirmation Bill relating thereto under the Act of 1936, and also any local or personal Bill.

Marginal Citations

M33 1936 c. 52.

Miscellaneous U.K.

83 Power of local authorities to incur expenditure for certain purposes not otherwise authorised. S

(1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of [F71 and will bring direct benefit to] their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure.

[F72 (a)] for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment [F73 nor.

F73 (b) unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.]

(2) It is hereby declared that [F74 , subject to subsection (3A) below,] the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority’s functions.

[F75 (2A) Without prejudice to the generality of subsection (1) above, the power of a local authority to incur expenditure under that subsection includes power to incur expenditure in giving financial assistance to persons carrying on commercial or industrial undertakings.

(2B) Financial assistance under subsection (2A) above may be given by lending or guarantee, or by making grants.]

[F76 (2C) A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistance is given; but the following provisions of this section apply to expenditure incurred by a local authority under section 88 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section.

(2D) In subsection (2C) above—

• “publicity” means any communication, in whatever form, addressed to the public at large or to a section of the public; and

• “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.]

(3) A local authority may, subject as aforesaid, incur expenditure on contributions to any of the following funds, that is to say—

(a) the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b) the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or

(c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a chairman of a regional, islands or district council, a chairman of a community council, a lord-lieutenant or by a body of which any of these persons is a member [F77 or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972].

[F78 (3A) Where one of any two local authorities is a regional council and the other a district council, neither authority shall under the foregoing provisions of this section—

(a) incur; or

(b) unless invited to do so by the other authority, contribute towards defraying,

expenditure which the other authority are, either unconditionally or subject to any limitation or to the satisfaction of any condition, expressly authorised (or required) to incur by or by virtue of any enactment other than this section.]

(4) The expenditure of a local authority under this section in any financial year shall not exceed the product of a rate of 2p in the pound for their area for [F79 the financial year 1988-89] or, if some other amount, whether higher or lower, is fixed by an order made by the Secretary of State, shall not exceed the product of a rate of that amount in the pound for their area for [F79 the financial year 1988-89].

[F80 (4A) For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

(4B) The amounts mentioned in subsection (4A) above are—

(a) any grant paid to the local authority for that year under the M34 Local Government Grants (Social Need) Act 1969, in so far as the grant is in respect of an activity in relation to which the authority have incurred expenditure in that year under this section;

(b) the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year;

(c) so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by their section to incur expenditure;

(d) any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European F81 . . . Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section;

(e) the amount of any repayment in that year of a loan under this section made by the authority in any year; and

(f) the amount of any expenditure—

(i) which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or

(ii) which is incurred by the authority in that year and is of a description so specified; or

(iii) which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.]

(5) A statutory instrument containing an order under [F82 this section] may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F83 (7) The accounts kept under section 96 of this Act by a local authority shall include a separate account of any expenditure incurred by the authority under this section.]

Textual Amendments

F71 Words in s. 83(1) inserted (1.4.1995) by 1994 c. 39, s. 164(2)(a); S.I. 1995/702, art. 3

F72 S. 83(1)(a) re numbered (1.4.1995) by 1994 c. 39, s. 164(2)(b); S.I. 1995/702, art. 3

F73 S. 83(1)(b) and the word “nor” immediately preceding it inserted (1.4.1995) by 1994 c. 39, s. 164(2)(c); S.I. 1995/702, art. 3

F74 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 6(a)

F75 S. 83(2A), (2B) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 50(a)

F76 S. 83(2C)(2D) inserted by Local Government Act 1986 (c. 10, SIF 81:1), ss. 3(3), 6

F77 Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 36(9)

F78 S. 83(3A) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 6(b)

F79 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 103:2), s. 6, Sch. 1 Pt. III para. 27

F80 S. 83(4A), (4B) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 50(b)

F81 Word in s. 83(4B)(d) repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1995/702, art. 3(e), Sch. 1

F82 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 50(c)

F83 S. 83(7) inserted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 9

Modifications etc. (not altering text)

C101 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52), s. 1(1)(b)

C102 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52, SIF 81:2), s. 1(1)(b)

Marginal Citations

M34 1969 c. 2.

84 Powers of local authorities with respect to emergencies or disasters. S

(1) Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a local authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the authority may—

(a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

(b) make grants or loans to other persons or bodies on conditions determined by the authority in respect of any such action taken by those persons or bodies.

F84 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The power conferred by subsection (1)

above shall be in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

F85 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 S. 84(2) repealed (4.1.1995) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(20), Sch. 14; S.I. 1994/2850, art. 3(c)(vii)(d), Sch. 3

F85 S. 84(4) repealed (4.1.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/2850, art. 3(d), Sch. 3

85 Acceptance of gifts of property. S

A local authority may accept, hold and administer—

(a) for the purpose of discharging any of their functions, gifts of property, whether heritable or moveable, made for that purpose; or

(b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

Modifications etc. (not altering text)

C103 S. 85 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

86 Insurance by local authorities against accidents to members. S

(1) A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

(2) Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member concerned.

(3) The provisions of the M35 Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of [F86 the M36 Insurance Companies Act 1982] to be a policy of insurance upon the happening of personal accidents.

(4) In this section, the expression “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

Textual Amendments

F86 Words substituted by virtue Insurance Companies Act 1982 (c. 50), Sch. 4 para. 22

Modifications etc. (not altering text)

C104 S. 86 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 86 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

Marginal Citations

M35 1774 c. 48.

M36 1982 c. 50.

87 Research and the collection of information. S

(1) A council may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning their area or any part thereof and may make, or assist in the making of arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the area, any government department or the public.

(2) The appropriate Minister with respect to any matter may require a council to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the area of the council in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the area, but not the council, the council may require that other authority to furnish them with that information.

(3) In this section “council” means a regional or islands council.

Modifications etc. (not altering text)

C105 S. 87 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

88 Provision of information, etc., relating to matters affecting local government. S

(1) A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities [F87 mentioned in subsection (1B) below] or by government departments, or by charities and other voluntary organisations, and other information [F88 relating to the functions of the authority].

[F89 (1A) A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.]

[F90 (1B) The other authorities referred to above are any other local authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local authorities.]

(2) A local authority may—

(a) arrange for the publication within their area of information [F91 relating to the functions of the authority]; and

(b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

(c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

(d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

Textual Amendments

F87 Words inserted by Local Government Act 1986 (c. 10, SIF 81:1), ss. 3(1)(a), 6

F88 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), Pt. II ss. 3(1)(a), 6

F89 S. 88(1A) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(b), 6

F90 S. 88(1B) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(2), 6

F91 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(c), 6

Modifications etc. (not altering text)

C106 S. 88 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

89 Subscriptions to local government associations. S

A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

(b) of any association of officers or members of local authorities which was so formed.

Modifications etc. (not altering text)

C107 S. 89 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

90 Power to encourage visitors and provide conference and other facilities. S

(1) [F92 An islands or district council] may (either alone or jointly with any other person or body)—

(a) encourage persons, by advertisement or otherwise [F93 (and whether inside or outside the United Kingdom),] to visit their area for recreation, for health purposes or to hold conferences, trade fairs and exhibitions in their area; and

(b) provide, or encourage any other person or body to provide, facilities for recreation, conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

[F94 Provided that any power under this subsection to do anything outside the United Kingdom shall be exercisable only with the express or general consent of the Secretary of State or with the express consent of such body as he may direct the islands or district council to consult.]

[F95 (2) Without prejudice to subsection (1)

above, an islands or district council may contribute towards expenses incurred by any person in his doing (or body in their doing) anything mentioned in paragraph (a) or (b) of that subsection:

Provided that where such thing is done by the person (or body) outwith the United Kingdom the power conferred by the foregoing provision of this subsection shall be exercisable only with such consent as is mentioned in the proviso to that subsection.

(3) A regional council may contribute towards expenses incurred by any person in his doing (or body in their doing) anything mentioned in the said paragraph (a) or (b) if that council consider that the thing done is or would be of benefit to their area or to any part thereof.]

Textual Amendments

F92 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(a)(i)

F93 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(a)(ii)

F94 S. 90(1) proviso added by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(a)(iii)

F95 S. 90(2)(3) substituted for s. 92(2) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(b)

[F96 90A Schemes involving collaboration in the promotion of tourism. S

After consultation with the Scottish Tourist Board, islands and district councils may prepare (or arrange for the preparation of) schemes, in which they may participate, providing for—

(a) the forming of organisations of such persons as carry on, or have powers or duties as regards, or appear to the councils (or the person preparing the scheme) to have an interest in, activities which relate to tourism; and

(b) the composition and functions of such organisations.]

Textual Amendments

F96 S. 90A inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(2)

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97 S

Textual Amendments

F97 S. 91 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

92 Transfer of securities on alteration of area, etc. U.K.

(1) Where any securities are standing in the books of a company in the name of a local authority the following provisions shall have effect—

(a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

(b) if by virtue of anything done under any provision of this Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of that other authority or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

(c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the Court of Session may on the petition of that other authority make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be.

(2) In this section, the expression—

• “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

• “securities” [F98 means—]

[F98 (a) investments falling within any of paragraphs 1 to 6 of Schedule 1 to the M37 Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or

(b) rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the M38 Industrial and Provident Societies Act 1965 or any building society within the meaning of the M39 Building Societies Act 1986.]

Textual Amendments

F98 S. 92(2)(a)(b) and the word “means” immediately preceding in the definition of “securities” substituted (4.1.1995) for words by 1994 c. 39, s. 180(1), Sch. 13 para. 92(22); S.I. 1994/2850, art. 3(c)(vii)

Marginal Citations

M37 1986 c. 60.

M38 1965 c. 12.

M39 1986 c. 53.

Part VII S Finance

Modifications etc. (not altering text)

C108 Pt. VII (ss. 93-122) modified by S.I. 1975/930, regs. 2, 3 and Water (Scotland) Act 1980 (c. 45), s. 48(1)

Pt. VII (ss. 93-122) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. II para. 22(b)

Pt. VII (ss. 93-122) applied and power to modify conferred (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. II para. 23(b).

Pt. VII (ss. 93-122) extended (6.3.1992) by Local Government Act 1992 (c. 19), s. 29(1).

Pt. VII (ss. 93-122) applied (27.5.1997) by 1997 c. 8, ss. 261(3)(4), 278(2)

Funds, revenue and expenses S

93 General fund. S

(1) Every local authority shall have a general fund and, subject to subsection (2) below—

(a) all sums received by or on behalf of the authority shall be paid into that fund;

(b) all fees, commissions, discounts allowed on payment of accounts and expenses payable to or recovered by any officer of a local authority in respect of any business relating to the authority whether by reason of his office or otherwise shall be accounted for and paid into that fund;

and all sums payable by the authority shall be paid out of that fund.

(2) Subsection (1)

above shall not apply to sums received or payable—

(a) which relate to funds or property held by a local authority as trustees for any purpose under any deed of trust or other instrument;

(b) which, in the case of an islands or district council, relate to the common good of the islands area or district, as the case may be;

(c) with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.

Modifications etc. (not altering text)

C109 S. 93 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

94 Capital expenses. S

(1) It shall not be lawful for a local authority to incur any liability to meet capital expenses except with the consent of the Secretary of State, and the Secretary of State may, if he thinks fit, give his consent for the purposes of this section—

(a) subject to such conditions as may be specified in the consent;

(b) in relation to such project, or to such programme of works, or to such class of works, or to such amount, as may be so specified;

(c) in relation to expenses to be met by the authority within such financial year as may be so specified.

[F99 (1A) The giving of approval by a local authority as a Passenger Transport Authority to any proposal for expenditure referred to in section 15(1)(c) of the Transport Act 1968 shall be deemed for the purposes of this section to be an incurring of liability by the authority to meet capital expenses.]

[F100 (1B) The Secretary of State may—

(a) withdraw, or vary the terms of, a consent which he has, under subsection (1) above, given; or

(b) withdraw or vary any condition to which the giving of such consent was subject,

[F101 : Provided that, where the local authority have, by binding contract, incurred any liability to which the consent relates, a withdrawal or variation which would, but for this proviso, have the effect of rendering performance of an obligation under such contract impossible shall apply only to the extend (if any) that it does not have that effect.]]

(2) In this section [F102 “capital expenses” means any expenses which are to be charged to a capital account or which are otherwise of a capital nature irrespective of how they are financed.]

[F103 (3) The Secretary of State may by order (either or both)—

(a) amend the definition of “capital expenses” in subsection (2) above;

[F104 (b) provide that subsection (1) above shall, in the same manner as it applies to liabilities incurred in relation to capital expenses, apply to such other liabilities incurred in relation to a lease (or other contract, or arrangement, of a like nature) as may be specified in the order and, for the purposes of such application, prescribe a method for assigning a capital value to those other liabilities and prescribe circumstances in which such other liabilities shall be taken to arise.]

(4) An order made under subsection (3) above shall have no effect until approved by resolution of each House of Parliament.]

Textual Amendments

F99 S. 94(1A) added by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 47

F100 S. 94(1B) inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23), s. 26(a)

F101 S. 94(1B) proviso substituted for words by Local Government and Planning (Scotland) Act 1982 (c.43), Sch. 3 para. 17(a)

F102 Definition substituted by S.I. 1987/943, reg. 2

F103 S. 94(3)(4) added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 26(b)

F104 S. 94(3)(b) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 17(b)

Modifications etc. (not altering text)

C110 S. 94 modified by Transport Act 1985 (c. 67, SIF 126), ss. 77(1), 140

C111 S. 94 modified by Airports Act 1986 (c. 31, SIF 9), ss. 23(1), 85(4)

C112 S. 94 (except subsection 1A) applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

95 Financial administration. S

Without prejudice to section 69 of this Act, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.

Modifications etc. (not altering text)

C113 S. 95 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Accounts and audit S

96 Accounts and audit. S

(1) Every local authority shall keep accounts of all transactions relating to all funds of the authority and, subject to any provision contained in regulations made under section 105 of this Act, the accounts of the general fund of a local authority shall comprise such current, capital and borrowing accounts as may be necessary for the purpose of distinguishing transactions for different purposes.

(2) All accounts of a local authority shall be made up in respect of each financial year.

(3) Every local authority shall, in addition to preparing accounts in respect of any financial year, prepare in duplicate an abstract of the accounts for that year.

(4) The accounts of every local authority in respect of any financial year shall be audited by a professional accountant, who is either an officer of the [F105 Accounts Commission for Scotland] or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.

[F106 (5) The financial year of a local authority shall be the period of twelve months ending with 31st March F107 . . .; and references in this Act and in any other enactment (whether passed or made before or after the passing of this Act) to the financial year of a local authority shall be construed in accordance with the provisions of this subsection.

(6) The Secretary of State may by order make provision amending, repealing or revoking, with or without savings, any enactment which is inconsistent with or superseded by subsection (5) above; but no order under this subsection shall have effect unless it is approved by a resolution of each House of Parliament.]

Textual Amendments

F105 Words “Accounts Commission for Scotland” substituted (1.12.1994) for words “Commission for Local Authority Accounts” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 2; S.I. 1994/2658, art. 3(c)

F106 S. 96(5)(6) substituted for s. 96(5) by Local Government (Scotland) Act 1975 (c. 30), s. 18

F107 Words in s. 96(5) repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1995/702, art. 3(e), Sch. 1

Modifications etc. (not altering text)

C114 S. 96 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C115 S. 96(1)(2)-(4) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para. 25.

C116 S. 96(2)–(4) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24

97 Establishment of Commission for Local Authority Accounts in Scotland. S

(1) There shall be established a body, to be known as the [F108 Accounts Commission for Scotland] (hereafter in this Part of this Act referred to as “the Commission”), which shall consist of such number of members, not being more than [F109 fifteen] or less than [F110 eleven], as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities [F111 and such organisations connected with the health service] as appear to him to be concerned and with such other organisations or persons as he may think appropriate.

(2) The Commission shall have the following functions, that is to say—

(a) securing the audit of all accounts of

[F112 (i)] local authorities

[F113 (ii) the bodies mentioned in section 86(1)(a) to (c) of the National Health Service (Scotland) Act 1978;

(iii) the members of every recognised fund-holding practice;

(iv) the Mental Welfare Commission for Scotland; and

(v) any State Hospital Management Committee constituted under section 91 of the Mental Health (Scotland) Act 1984,

in accordance with the provisions of this Part of this Act;]

(b) considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;

(c) making recommendations to the Secretary of State and to local authorities [F114 or, as the case may be, health service bodies] in accordance with the said provisions; . . . F115

(d) advising the Secretary of State on any matter relating to the accounting of local authorities [F116 or health service bodies] which he may refer to them for advice [F117 and

(e) functions conferred by sections 97A and 97B of this Act.]

[F118 (2A) Subject to section 100(1A) of this Act, in relation to the members of a recognised fund-holding practice, any reference in this Part of this Act to their accounts is a reference only to the accounts relating to allotted sums paid to them.

(2B) In this Part of this Act—

• “health service body” means a body referred to in subsection (2)(a)(ii) to (v) above; and

• “recognised fund-holding practice” and “allotted sum” have the same meanings as in section 87B of the National Health Service (Scotland) Act 1978.]

(3) The Secretary of State may, after consultation with the Commission, with such associations of local authorities [F119 and such organisations connected with the health service] as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions, and the Commission shall give effect to any direction so given.

(4) There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State, and the Commission may appoint such other officers, and may appoint such agents, as they may determine.

[F120 (4A) It shall be the duty of the Commission to make, by such date as the Secretary of State may determine, an offer of employment by the Commission to each person employed in the civil service of the State in connection with the audit of the accounts of any health service body whose name is notified to the Commission by the Secretary of State for the purposes of this subsection; and the terms of the offer must be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(4B) An offer made in pursuance of subsection (4A) above shall not be revocable during the period of three months beginning with the date on which it is made.

(4C) Where a person becomes an officer of the Commission in consequence of subsection (4A) above, then, for the purposes of the Employment Protection (Consolidation) Act 1978, his period of employment in the civil service of the State shall count as a period of employment by the Commission and the change of employment shall not break the continuity of the period of employment.

(4D) Where a person ceases to be employed as mentioned in subsection (4A) above—

(a) on becoming an officer of the Commission in consequence of an offer made in pursuance of that subsection; or

(b) having unreasonably refused such an offer,

he shall not, on ceasing to be so employed, be treated for the purposes of any scheme under section 1 of the Superannuation Act 1972 as having been retired on redundancy.]

(5) The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.

(6) In this Part of this Act “auditor” includes [F121 (a)] the Controller of Audit, [F121 (b)] officers of the Commission, being professional accountants, and [F121 (c)] . . . auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, F122 . . . [F123 or a person who is, within the period of five years beginning with the relevant date, approved by the Secretary of State, acting on the recommendation of the Commission and whose approval is not (whether during that period or after its expiry) withdrawn by the Secretary of State acting on such recommendation.

(6A) In subsection (6) above, “the relevant date” means the date appointed for the coming into force of paragraph 3(3) of Schedule 7 to the National Health Service and Community Care Act 1990.]

[F124 (7) A person shall not be appointed as auditor by the Commission under subsection (6) above unless–

(a) he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989; or

(b) he is a member of the Chartered Institute of Public Finance and Accountancy or of any other body of accounts established in the United Kingdom and for the time being approved by the Secretary of State for the purposes of this subsection.]

Textual Amendments

F108 Words in s. 97(1) substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(2)(a): S.I. 1994/2658, art. 3(d)

F109 Word in s. 97(1) substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(2)(b); S.I. 1994/2658, art. 3(d)

F110 Word in s. 97(1) substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(2)(c); S.I. 1994/2658, art. 3(d)

F111 Words in s. 97(1) inserted (24.10.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(2)(d); S.I. 1994/2658, art. 2(c)

F112 “ S. 97(2)(a)(i)” inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(a)(i); S.I. 1994/2658, art. 4(a)

F113 S. 97(2)(a)(ii)–(v) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(a)(ii); S.I. 1994/2658, art. 4(a)

F114 Words in s. 97(2)(c) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(b); S.I. 1994/2658, art. 4(a)

F115 Word repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2)

F116 Words in s. 97(2)(d) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(c); S.I. 1994/2658, art. 4(a)

F117 Word “and” and s. 97(2)(e) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2)

F118 S. 97(2A)(2B) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(4); S.I. 1994/2658, art. 4(a)

F119 Words in s. 97(3) inserted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(5); S.I. 1994/2658, art. 3(d)

F120 S. 97(4A)–(4D) inserted (24.10.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(6); S.I. 1994/2658, art. 2(c)

F121 Word inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 48

F122 Words in s. 97(6) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 23(a) (with reg. 4).

F123 Words in s. 97(6) and (6A) added (1.4.1995) at the end of subsection (6) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(7); S.I. 1994/2658, art. 4(a)

F124 S. 97(7) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 23(b) (with reg. 4).

Modifications etc. (not altering text)

C117 S. 97 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C118 S. 97(3) applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 77(4)

[F125 97A Studies for improving economy etc. in services. S

(1) The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and for improving the financial or other management of such authorities or other bodies.

(2) The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section [F126 and, in the case of studies relating to a health service body, shall, on request, furnish to the Comptroller and Auditor General all material relevant to the studies.]

(3) Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate [F127 and, in the case of a health service body, the Commission shall also consult the Secretary of State and the Comptroller and Auditor General.]]

Textual Amendments

F125 Ss. 97A, 97B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(3)

F126 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 4(2); S.I. 1994/2658, art. 4(a)

F127 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 4(3); S.I. 1994/2658, art. 4(a)

Modifications etc. (not altering text)

C119 S. 97A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C120 S. 97A(1) extended (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2).

C121 S. 97A(3) excluded (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2).

97B Furnishing of information and documents to Commission. S

(1) Without prejudice to any other provision of this Part of this Act, the Commission may require any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body, to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.

(2) Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Modifications etc. (not altering text)

C122 S. 97B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

98 Expenses and accounts of Commission. S

(1) The Commission shall have power to incur such expenses as appear to them to be necessary or expedient for the proper discharge of their functions, and—

(a) the Secretary of State may, with the consent of the Treasury, pay to the Commission grants of such amounts, at such times and subject to such conditions as he may determine in respect of expenses incurred by the Commission as aforesaid;

(b) such part of the expenses of the Commission [F128 relating to their functions with respect to local authorities] as is not met by grants under paragraph (a) above shall be met by local authorities in accordance with regulations made by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned.

[F129 (c) such part of the expenses of the Commission relating to their functions with respect to health service bodies as is not met by grants under paragraph (a) above shall be met by health service bodies in accordance with regulations made by the Secretary of State after consultation with such organisations connected with the health service as appear to him to be concerned.]

(2) A statutory instrument containing regulations made by the Secretary of State under paragraph (b) [F130 or (c)] of subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The Commission shall keep proper accounts and other records in relation to their accounts and shall prepare in respect of each financial year a statement of account in such form as the Secretary of State may, with the approval of the Treasury, direct.

(4) The statement of account prepared by the Commission in respect of each financial year shall be submitted to the Secretary of State before such date as he may, with the approval of the Treasury, direct.

(5) The Secretary of State shall, on or before 30th November in each year, transmit to the Comptroller and Auditor General the statement of account prepared by the Commission for the financial year last ended.

(6) The Comptroller and Auditor General shall examine and certify the statement of account transmitted to him under subsection (5) above and shall lay before Parliament copies of that statement together with his report thereon.

Textual Amendments

F128 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 5(2)(a); S.I. 1994/2658, art. 4(a)

F129 S. 98(1)(c) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 5(2)(b); S.I. 1994/2658, art. 4(a)

F130 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 5(3); S.I. 1994/2658, art. 4(a)

Modifications etc. (not altering text)

C123 S. 98 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

99 General duties of auditors. S

In auditing the accounts of any local authority [F131 or health service body] under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that—

(a) the accounts have been prepared in accordance with regulations made under section 105 of this Act [F132 or, in the case of a health service body, directions under section 86(3) of the National Health Service (Scotland) Act 1978] and comply with the requirements of all other enactments and instruments applicable to the accounts; and comply with the requirements of all other enactments and instruments applicable to the accounts;

(b) proper accounting practices have been observed in the preparation of the accounts.

[F133 (c) that the local authority [F131 or health service body] has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources][F134 and

F134 (d) in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.]

Textual Amendments

F131 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 6(a); S.I. 1994/2658, art. 4(a)

F132 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 6(b); S.I. 1994/2658, art. 4(a)

F133 S. 99(c) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(4)

F134 S. 99(d) and word 'and' preceding it inserted (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(2), 30(2).

Modifications etc. (not altering text)

C124 S. 99 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

100 Auditor’s right of access to documents. S

(1) An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority [F135 or health service body] it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority [F135 or body]or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.

[F136 (1A) In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.]

[F137 (1B) Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority or bodywhose accounts are required to be audited in accordance with this Part of this Act to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation.]

(2) Without prejudice to [F138 subsections (1) and (1B)] above, every local authority [F139 and health service body]shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts.

(3) If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) [F140 or (1B)] above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F141 level 3 on the standard scale]. . ..

Textual Amendments

F135 Words in s. 100(1) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 7(2); S.I. 1994/2658, art. 4(a)

F136 S. 100(1A) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 7(3); S.I. 1994/2658, art. 4(a)

F137 S. 100(1B) inserted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(a); S.I. 1995/702, art. 3(d)(ii)

F138 Words in s. 100(2) substituted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(b); S.I. 1995/702, art. 3(d)(ii)

F139 Words in s. 100(2) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 7(4); S.I. 1994/2658, art. 4(a)

F140 Words in s. 100(3) inserted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(c)(i); S.I. 1995/702, art. 3(d)(ii)

F141 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C125 S. 100 applied (temp.from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

101 Right of interested person to inspect and object to accounts: completion of audit. S

[F142 (1) At each audit under this Part of this Act of a local authority’s accounts, any persons interested may inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating thereto and make copies of all or any part of the accounts and those other documents.]

(2) Any person interested may object to the accounts of a local authority or to any part of those accounts by—

(a) sending his objection in writing, together with a statement of the grounds thereof, to the auditor, and

(b) sending a copy of that objection and statement to the authority and to any officer of the authority who may be concerned.

(3) Where any person objects under subsection (2)

above to the accounts of a local authority, the auditor shall, if so requested by that person or authority or by any officer of the authority who may be concerned, afford to that person or authority or officer, as the case may be, an opportunity of appearing before and being heard by the auditor with respect to that objection; and any such person or officer may so appear and be heard either personally or by a representative.

(4) Within fourteen days of the completion of the audit of the accounts of a local authority the auditor shall place on each duplicate abstract of those accounts prepared by the authority under section 96(3) of this Act a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send one duplicate abstract of the accounts to the Commission and the other duplicate abstract to the local authority.

[F143 (5) Within 14 days of the completion of the audit of the accounts of a health service body the auditor shall place on any abstract of those accounts prepared by the health service body by virtue of section 86 of the National Health Service (Scotland) Act 1978 a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send copies of the abstract of the accounts to the Commission, the Secretary of State and the health service body.]

Textual Amendments

F142 S. 101(1) substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(1)

F143 S. 101(5) added (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 8; S.I. 1994/2658, art. 4(a)

Modifications etc. (not altering text)

C126 S. 101 extended by Airports Act 1986 (c. 31, SIF 9) ss. 24(3)(b), 85(4)

C127 S. 101 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 11(1)(4)

C128 S. 101 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Yn ddilys o 01/07/1997

[F144 101A Reference of social security matters to Secretary of State. S

The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.]

Textual Amendments

F144 S. 101A inserted (1.7.1997) by 1997 c. 47, s. 7(3); S.I. 1997/1577, art. 2, Sch.

102 Reports to Commission by Controller of Audit. S

(1) The Controller of Audit shall make to the Commission such reports as they may require with respect to the accounts of local authorities [F145 and health service bodies] audited under this Part of this Act and shall send a copy of any report so made to any local authority [F146 or health service body] which is named in that report [F147 and may send a copy of any report so made to any other person he thinks fit].

(2) Without prejudice to subsection (1) above, the Controller of Audit may make a report to the Commission on any matters arising out of or in connection with the accounts of a local authority in order that those matters may be considered by the local authority concerned or brought to the attention of the public, and shall send a copy of any report so made to any local authority which is named in that report [F147 and may send a copy of any report so made to any other person he thinks fit].

[F148 (2A) A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection (1) or (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.]

(3) Without prejudice to subsection (1)

above, if the Controller of Audit, having considered [F149 any matter arising out of the auditing] under this Part of this Act of the accounts of any local authority and having made such further inquiries (if any) as he may think fit—

(a) is of the opinion—

(i) that any item of account is contrary to law, or

(ii) that there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account, or

(iii) that any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the authority to carry out any duty imposed on them by any enactment; or

(b) is of the opinion that any sum which ought to have been credited or debited to one account of the authority has been credited or, as the case may be, debited to another account of the authority; and

(c) is not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter;

he shall make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.

(4) The Controller of Audit shall, on making a special report under subsection (3) above with respect to the accounts of any local authority, forthwith send a copy of that special report—

(a) to that authority;

(b) to any officer of the authority who may be concerned;

(c) if the matter raised by the special report has been made the subject of objection under section 101 of this Act, to the person making that objection;

(d) to any other person who in his opinion may be affected thereby.

[F150 (5) Without prejudice to subsection (1) above and section 104A(2) of this Act, the Controller of Audit may make a report to the Commission on any matters arising out of or in connection with the accounts of a health service body and shall send a copy of any report so made to any health service body which is named in that report and to the Secretary of State.]

Textual Amendments

F145 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 9(2)(a); S.I. 1994/2658, art. 4(a)

F146 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 9(2)(b); S.I. 1994/2658, art. 4(a)

F147 Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 185(a)

F148 S. 102(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 185(b)

F149 Words in s. 102(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(26); S.I. 1994/2850, art. 3(c)(Vii)

F150 S. 102(5) added (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 9(3); S.I. 1994/2658, art. 4(a)

Modifications etc. (not altering text)

C129 S. 102 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

103 Action by Commission on reports by Controller of Audit. S

(1) Subject to subsection (2) below, the Commission shall consider any report made to them by the Controller of Audit [F151 with respect to the accounts of any local authority] and may, if they think fit, hold a hearing into any matter raised by that report; and the Commission may thereafter make to the Secretary of State or to any local authority such recommendation as appears to the Commission to be appropriate in the light of the report.

(2) Where a special report is made to them under section 102(3) of this Act with respect to the accounts of any local authority, the Commission—

(a) shall consider that special report and any observations on it made in writing by the authority or by any person to whom a copy of it was sent under section 102(4) of this Act, being observations made within fourteen days of the date on which such copy was sent as aforesaid to the authority or, as the case may be, that person or such longer period as the Commission may in any particular case allow;

(b) may if they think fit, and shall if so requested by the authority or by any person to whom a copy of the special report was sent as aforesaid, hold a hearing into any matter raised by the special report; and

(c) may if they think fit, and shall if so directed by the Court of Session, state a case on any question of law arising on the special report for the opinion of the Court of Session.

(3) Subject to subsection (4)

below, if after consideration of the matters referred to in subsection (2) above the Commission find that any item of expenditure is contrary to law, or that there has been a failure to bring into account any sum which ought to have been brought into account, or that any loss or deficiency has been incurred or caused as mentioned in section 102(3)(a) of this Act, or that a local authority have not taken steps to remedy such a matter as is referred to in section 102(3)(b) of this Act, the Commission shall send the special report together with their findings to the Secretary of State and may recommend him to make an order—

(a) requiring any person whom they find responsible for incurring or authorising that expenditure, or for that failure, or for that loss or deficiency, as the case may be, to pay to the local authority concerned an amount not exceeding the amount of the said expenditure, or of the said sum, or of the said loss or deficiency; or, as the case may be,

(b) directing the authority to make such rectification of their accounts as appears to the Commission to be necessary.

(4) The Commission shall not recommend that any officer or member of a local authority be ordered to pay any amount to the authority by reason only of his having signed a cheque or order in respect of any payment, if he satisfies the Commission—

(a) in the case of an officer of the authority, that before signing the cheque or order he advised the authority in writing that in his opinion the payment was contrary to law; or

(b) in the case of a member of the authority, that the payment was made in pursuance of an order of the authority or of an authorised committee thereof and that before he signed the cheque or order the authority had not been advised by any officer of the authority that in the opinion of that officer the payment was contrary to law.

(5) The Commission shall, on making a recommendation under subsection (3)

above in relation to a special report made to them with respect to the accounts of any local authority, forthwith send a copy of that recommendation to the authority and to any person to whom a copy of the special report was sent under section 102(4) of this Act.

(6) At any hearing held by them under this section the Commission—

(a) shall afford an opportunity of appearing before and being heard by the Commission to the representative of any local authority which is likely to be affected by any recommendation of the Commission and to, or to the representative of, any other person who is likely to be so affected;

[F152 (b) may require the attendance of members or officers, or former members or officers, of any local authority to give oral evidence to the Commission; and

(c) may pay to any person attending a hearing under this section such expenses as they think fit.]

(7) If any person wilfully or negligently fails to comply with any requirement of the Commission under paragraph (b) of subsection (6) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F153 level 3 on the standard scale].

Textual Amendments

F151 Words inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 10; S.I. 1994/2658, art. 4(a)

F152 S. 103(6)(b)(c) substituted (4.1.1995) for s. 103(6)(b) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(27); S.I. 1994/2850, art. 3(c)(vii)

F153 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C130 S. 103 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789 art. 2, Sch. para. 3

Yn ddilys o 01/01/2002

[F154 103A Publication of special reports S

The Commission may publish a special report made to it under section 102(3) of this Act, and may do so in whatever way and send it to whomever it thinks fit.]

Textual Amendments

F154 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Yn ddilys o 01/01/2002

[F155 103B Action by Commission on receipt of special reports S

(1) On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—

(a) direct the Controller to carry out further investigations;

(b) hold a hearing;

(c) state a case on any question of law arising on the special report for the opinion of the Court of Session;

(d) subject to subsections (2) and (3) below, do none of the above.

(2) The Commission shall hold a hearing if requested to so in writing by—

(a) the local authority which was sent a copy of the report under section 102(3A) of this Act;

(b) any person, named or referred to in the report—

(i) as being to blame in connection with an item of account being contrary to law;

(ii) whose failure, negligence or misconduct is a subject of the report; or

(iii) who was sent a copy of the report under section 102(3A) of this Act.

(3) The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.]

Textual Amendments

F155 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I. 2001/474 art. 3 (subject to transitional provisions in art. 4)

Yn ddilys o 01/01/2002

[F156 103C Hearings on special reports S

(1) Subject to subsections (2) to (12) below, the procedure at a hearing held under section 103B(1)(b) of this Act shall be such as the Commission determines.

(2) The Commission may, at any one hearing, consider—

(a) allegations of blame, in connection with an item of account being contrary to law, against; and

(b) failures, negligence or misconduct by,

more than one officer or member of a local authority.

(3) A hearing shall be conducted by not fewer than three members of the Commission selected by the chairman of the Commission.

(4) Notwithstanding paragraph 4(1) of Schedule 8 to this Act, for the purposes of this section, the quorum for a meeting of the Commission shall be three.

(5) The following—

(a) an officer or member—

(i) as to whom the question of blame in connection with an item of account being contrary to law is; or

(ii) whose alleged failure, negligence or misconduct is being considered by a hearing, is; and

(b) the local authority are,

entitled to be heard at the hearing.

(6) An officer or member entitled to be heard at a hearing shall be entitled to be heard either in person or represented by counsel or a solicitor or any other person.

(7) The members of the Commission conducting a hearing may—

(a) require any person, including officers or members or former officers or members of any local authority, to attend the hearing, give evidence and produce documents;

(b) administer oaths.

(8) A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.

(9) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (7)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it thinks fit.

(11) A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.

(12) In this section, “documents” includes information held by means of a computer or in any other electronic form.]

Textual Amendments

F156 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C131 S. 103C applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Yn ddilys o 01/01/2002

[F157 103D Findings of hearings S

The members of the Commission conducting a hearing under section 103B(1)(b) of this Act shall state their findings in writing and give a copy to—

(a) any officer or member of the local authority who is or was blamed in connection with an item of account being contrary to law or whose failure, negligence or misconduct, or alleged failure, negligence or misconduct, was a subject of the hearing;

(b) the local authority;

(c) any other person the Commission considers should, under this paragraph, receive such a copy; and

(d) any other person seeking a copy of those findings who has paid the Commission’s reasonable charge for providing such a copy.]

Textual Amendments

F157 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C132 S. 103D applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Yn ddilys o 01/01/2002

[F158 103E Action by local authorities on receipt of findings under section 103D S

(1) A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.

(2) The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.

(3) Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—

(a) whether to accept any or all of those recommendations;

(b) what, if any, action to take in response to those recommendations.

(4) A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—

(a) states the time and place of the meeting;

(b) indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and

(c) describes the nature of those findings and of any such recommendations.

(5) The local authority shall, as soon as practicable after that meeting—

(a) notify the Commission of any decisions made in pursuance of subsection (3) above; and

(b) publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.

(6) A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—

(a) under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but

(b) in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.

(7) This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.]

Textual Amendments

F158 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C133 S. 103E applied (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 5(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Yn ddilys o 01/01/2002

[F159 103F Action on finding of failure, negligence or misconduct S

(1) Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—

(a) any item of account is contrary to law;

(b) there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;

(c) any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;

(d) any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,

they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.

(2) The sanctions which may be imposed under subsection (1) above are—

(a) censuring, but otherwise taking no action against, an officer or member of the authority;

(b) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—

(i) all meetings of the local authority;

(ii) all meetings of one or more committees or sub-committees of the local authority;

(iii) all meetings of any other body on which the member is a representative or nominee of the local authority;

(c) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;

(d) disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.

(3) In the case of a local authority, the Commission may—

(a) make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;

(b) include in its findings any recommendations arising from those findings which the Commission think fit.

(4) A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.

(5) Disqualification imposed under subsection (2)(d) above—

(a) has the effect of vacating the member’s office; and

(b) extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.

(6) The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.

(7) Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

(8) A local authority shall give effect to any direction to them made in an order under subsection (7) above.]

Textual Amendments

F159 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Yn ddilys o 01/01/2002

[F160 103G Interim reports on investigations and action thereon S

(1) The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.

(2) On receiving an interim report, the Commission, if it is satisfied—

(a) that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or

(b) that otherwise it would be in the public interest to impose that sanction,

then it may impose that sanction.

(3) That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.

(4) The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.

(5) The Commission shall put its decision under this section in writing and shall give a copy to—

(a) the member;

(b) the authority; and

(c) any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.

(6) A period of suspension imposed under this section ends upon—

(a) the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;

(b) the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,

(c) a decision by the Commission under section 103B of this Act not to hold a hearing.

(7) A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.

(8) If, however, the member is re-elected at that election, the Commission may re-impose the suspension.

(9) The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.

(10) On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.

(11) Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.

(12) In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).]

Textual Amendments

F160 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Yn ddilys o 01/01/2002

[F161 103H Protection from actions of defamation S

(1) For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.

(2) In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).]

Textual Amendments

F161 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Yn ddilys o 01/01/2002

[F162 103J Appeals from Commission S

(1) An officer or member of a local authority—

(a) who is the subject of a finding under section 103F(1) of this Act;

(b) on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;

(c) who has been suspended under section 103G(2) of this Act,

may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.

(2) An appeal—

(a) under subsection (1)(a) above may be made on one or more of the following grounds—

(i) that the Commission’s finding was based on an error of law;

(ii) that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;

(iii) that the Commission has acted unreasonably in the exercise of its discretion;

(iv) that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b) under subsection (1)(b) above may be made on one or more of the following grounds—

(i) that the sanction imposed was excessive;

(ii) that the Commission has acted unreasonably in the exercise of its discretion;

(c) under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.

(3) An appeal under subsection (1) above shall be lodged within 21 days of—

(a) the sending of the finding under section 103F(1) of this Act to the officer or member;

(b) the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,

(c) the imposition of suspension under section 103G(2) of this Act.

(4) A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(5) The sheriff principal may—

(a) in an appeal under subsection (1)(a) above—

(i) confirm the finding under section 103F(1) of this Act;

(ii) quash the finding;

(iii) quash the finding and remit the matter to the Commission to reconsider its decision;

(b) in an appeal under subsection (1)(b) above—

(i) confirm the sanction;

(ii) quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c) in an appeal under subsection (1)(c) above, quash the suspension;

(d) award expenses.

(6) The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51).

(7) In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.

(8) The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.]

Textual Amendments

F162 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

104 Action by Secretary of State on recommendation by Commission under s. 103(3). S

(1) Where recommendations are made to the Secretary of State under section 103(3) of this Act the Secretary of State may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

(2) The Secretary of State shall not make an order under subsection (1)

above requiring a person to pay an amount to a local authority if the Secretary of State is satisfied that that person acted reasonably or in the belief that his action was authorised by law, and the Secretary of State shall, in deciding whether or not to make such an order as aforesaid and, if he decides to make it, what amount to specify therein, have regard to all the circumstances of the case, including such information as may be available to him as to the means of any person concerned and his ability to pay any amount to the local authority.

(3) Where by virtue of an order made under subsection (1)

above two or more persons are required to pay an amount to a local authority, those persons shall, if the order so specifies, be liable jointly and severally to pay that amount to the authority.

(4) The Secretary of State shall, on making an order under subsection (1)

above requiring a person to pay an amount to a local authority, forthwith cause a copy of that order to be sent—

(a) to that person;

(b) to the Commission; and

(c) to that authority.

(5) Any amount which, by virtue of an order made under subsection (1)

above, is due to be paid by any person to a local authority shall be paid by that person to the authority within fourteen days of the date on which a copy of that order was sent to him under subsection (4) above; and, if that amount is not so paid, it shall be the duty of the Commission to recover the amount on behalf of the authority and if need be to institute proceedings for that purpose; and the authority shall reimburse the Commission for any expenses incurred by the Commission so far as not recovered from the person liable to pay the amount.

(6) A local authority shall give effect to any direction given to them in an order under subsection (1) above.

Modifications etc. (not altering text)

C134 S. 104 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

[F163 104A Audit of accounts of health service bodies: special provisions. S

(1) Where the auditor of the accounts of a health service body has reason to believe that the body, or any officer of the body—

(a) has made a decision which involves the incurring of expenditure which is unlawful; or

(b) has taken a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,

he shall forthwith make a report to the Controller of Audit.

(2) On receipt of a report under subsection (1) above the Controller of Audit—

(a) shall forthwith send a copy of the report to the Commission and to the Secretary of State; and

(b) may, if he thinks fit, send to the Commission and to the Secretary of State any observations which he may have on the report.

(3) The Commission may make a report to the Secretary of State on any matters arising out of or in connection with the accounts of a health service body.]

Textual Amendments

F163 S. 104A inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 11; S.I. 1994/2658, art. 4(a)

Modifications etc. (not altering text)

C135 S. 104A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

105 Regulations as to accounts. S

(1) The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—

(a) the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;

(b) the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;

(c) the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;

(d) the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such [F164 accounts and other documents], and the steps to be taken by a local authority for informing persons of those rights;

(e) the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.

(2) Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.

(3) If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding [F165 level 3 on the standard scale], and, in the case of a second or subsequent offence, to a fine not exceeding [F165 level 3 on the standard scale].

(4) A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F164 Words substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(2)

F165 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289E–289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C136 S. 105 extended by Airports Act 1986 (c. 31, SIF 9), ss. 24(3)(b), 85(4)

C137 S. 105 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C138 S. 105(1) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24

S. 105(1) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para.25.

C139 S. 105(1)(d) extended by Local Government Act 1986 (c. 10, SIF 81:1), ss. 5(4), 6, 12

Yn ddilys o 01/07/1997

[F166 105A Studies of benefit administration at request of Secretary of State. S

(1) The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.

(2) In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.

(3) If the Commission require—

(a) any local authority included in a study; or

(b) any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

(4) If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

(5) Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.

(6) In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.

(7) The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.

(8) Any report of a study may be published by the Secretary of State in conjunction with the Commission.

(9) The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.]

Textual Amendments

F166 S. 105A inserted (1.7.1997) by 1997 c. 47, s. 7(4); S.I. 1997/1577, art. 2, Sch.

106 Application of ss. 93 to 105 to bodies other than local authorities and to officers. S

(1) The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say—

(a) any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities;

(b) the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;

(c) any water development board within the meaning of the M40 Water (Scotland) Act [F167 1980];

as they apply with respect to a local authority; and any provision contained in any enactment with respect to such a committee, joint committee or joint board, or in any trust deed or other instrument regulating any such charity, foundation, mortification or other purpose as aforesaid, shall, so far as inconsistent herewith, cease to have effect:

Provided that this subsection shall not have effect in relation to a water development board within the meaning of the said Act of 1967 until 16th May 1975.

(2) Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of that officer shall be audited by the auditor of the accounts of the body, and sections 96 to 105 of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply accordingly to those accounts and that audit.

[F168 (3) In the application of subsection (2) above to an officer of a health service body, for the words from “96” to “section 105” there shall be substituted “97 to 104A.”]

Textual Amendments

F167 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F168 S. 106(3) added (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 12; S.I. 1994/2658, art. 4(a)

Modifications etc. (not altering text)

C140 S. 106 excluded by Local Government and Housing Act 1989 (c.42, SIF 81:1, 2), s. 11(1)(4)

C141 S. 106 applied (temp. from 6.4.1995 until 31.3.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C142 The “said Act of 1967” means Water (Scotland) Act 1967 (c. 78)

Marginal Citations

M40 1980 c. 45.

Rating S

107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F169 S

Textual Amendments

F169 S. 107 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

108–108C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170 S

Textual Amendments

F170 Ss. 108(3)–(6) and 108B, 108C added by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), ss. 3, 4 and ss. 108–108C repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

109 Rating authorities. S

(1) The local authority for the purpose of levying [F171 rates,] shall be—

[F172 (a) in the case of the non-domestic rate prescribed under section 7B of the M41 Local Government (Scotland) Act 1975, the regional council and the islands council;]

[F173 (c) in the case of the non-domestic water rate, the regional council or the islands council which determined it; and

(d) in the case of the non-domestic sewerage rate, the regional council or the islands council which determined it;]

• and in this Act, and in any other enactment (whether passed or made before or after the passing of this Act), the expression “rating authority” shall be construed in accordance with the provisions of this subsection.

(2) In respect of each financial year every district council shall, before such date as may be prescribed, intimate to the regional council within whose region their district [F174 falls, such information as may reasonably be required for the preparation of demand notes for the purposes of levying the non-domestic rate]

Textual Amendments

F171 Word substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 para. 28(a)(i)

F172 S. 109(1)(a) substituted (1.4.1995) for paras. (a) and (b) by virtue of Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 37(1); S.I. 1994/3152, art. 3

F173 S.109(1)(c)(d) inserted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 para. 28(a)(IV)

F174 Words in s. 109(2) substituted (1.4.1993) by virtue of Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 37(2); S.I. 1993/575, art. 2

Marginal Citations

M41 1975 c. 30.

F175 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F175 S. 110 repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1993/575, art. 2,Sch. (with savings in art. 5(a)

F176 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F176 S. 110A repealed (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1992/2183, art. 2,Sch. (with art. 3).

111 Secretary of State may make regulations with respect to rates. S

(1) The Secretary of State may, after consultation with such associations of local authorities as appear to him to be concerned, make regulations—

[F177 (a) prescribing any matter which is required or authorised to be prescribed by any provision contained in sections [F178 109 to 110] of this Act or in this section;]

[F179 (b) making such provision with respect to any other matter as appears to him to be necessary or expedient for the purpose of rendering the said sections [F178 109 to 110] . . . F180 of full effect;]

(c) making provision for any matter with respect to which he is empowered or obliged by this Act, or by any other enactment, to make provision in regulations under this section;

[F181 (d) providing for the payment of interest, at such rate as may be prescribed, by a regional council to a district council in a case where any amount due in respect of [F182 the non-domestic district rate] is not paid on or before such date as may be prescribed;]

(e) providing for the payment of interest, at such rate as may be prescribed, by a local authority to another local authority, to a committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities, or to a water development board within the meaning of the M42 Water (Scotland) Act [F183 1980], in a case where any amount due in respect of a requisition made under any enactment is not paid on or before such date as may be prescribed.

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

(2) A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F177 S. 111(1)(a) repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 141(4), 194(4), 195(2), Sch. 12 Pt. II

F178 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2),s. 6, Sch. 1 Pt. III para. 30(a)

F179 S. 111(1)(b) repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 141(4), 194(4), 195(2), Sch. 12 Pt. II

F180 Words which were inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 20 are repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47, SIF 81:2, 103:2), ss. 6, 34, Sch. 1 Pt. III para. 30(b), Sch. 6

F181 S. 111(1)(d) repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 141(4), 194(4), 195(2), Sch. 12 Pt. II

F182 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 Pt. III para. 30(c)

F183 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F184 S. 111(1)(f) which was added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 23), Sch. 3 para. 27 is repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), ss. 6, 34, Sch. 1 Pt. III para. 30(d), Sch. 6

Marginal Citations

M42 1980 c. 45.

112—114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185 S

Textual Amendments

F185 Ss. 112–114 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 28(5)(b), Sch. 5

115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186 S

Textual Amendments

F186 S. 115 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 32(7)(b), Sch. 5

Valuation S

116 Valuation areas and authorities and appointment of assessors, etc. S

(1) Each region and each islands area shall be a valuation area, and the council of each region and the council of each islands area shall be the valuation authority for that region or, as the case may be, that area; and on and after 16th May 1975 the valuation authorities constituted under this section shall have and exercise in relation to valuation the powers conferred by the Valuation Acts on the councils of burghs, being counties of cities, and counties.

(2) Every valuation authority shall appoint, in accordance with the provisions of section 1 of the M43 Valuation and Rating (Scotland) Act 1956, an assessor and such number of depute assessors as the authority may consider necessary for the purposes of the Valuation Acts; and any assessor or depute assessor appointed under the said Acts or under the 1947 Act and holding office immediately before 16th May 1975 (other than an assessor or depute assessor appointed under this section) shall cease to hold office on that date.

(3) A depute assessor appointed under this section shall have and may exercise all the functions of an assessor so appointed.

(4) An assessor or depute assessor appointed under this section shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(5) It shall be lawful for the Secretary of State, if it appears to him that to do so would be of public or local advantage, to make an order combining the council of the Highland Region and the councils of the three islands areas, or any two or more of those councils, for such of their functions under the Valuation Acts as may be specified in that order; and an order under this subsection may include such incidental, consequential and supplemental provisions as appear to the Secretary of State to be necessary or expedient for bringing the order into operation and giving full effect thereto.

F187 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A statutory instrument containing an order made by the Secretary of State under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F188 (8) In this section the expression “the Valuation Acts” means the Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation.]

Textual Amendments

F187 S. 116(6) repealed (4.1.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 3(e)(i)

F188 S. 116(8) substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 Pt. III para. 26

Marginal Citations

M43 1956 c. 60.

117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F189 S

Textual Amendments

F189 S. 117 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

Miscellaneous S

118 Local financial returns. S

(1) Subject to subsection (3)

below, every authority to which this section applies shall make a return to the Secretary of State in respect of each financial year—

(a) of their revenue and expenses;

(b) in the case of a rating authority, of the revenue received from each rate levied in their area and, where the rating authority is a regional council, of the amount paid to any F190 . . . other local authority in respect of a requisition made under any enactment.

(2) Returns under this section shall be in such form, shall contain such particulars, shall be authenticated in such manner, and shall be submitted to the Secretary of State by such date, as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

(3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by an authority under any other enactment, he may exempt that authority from all or any of the requirements of this section so far as they relate to that matter.

(4) The Secretary of State shall, in respect of each year, cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under subsection (3) above and shall lay that summary before both Houses of Parliament.

(5) In this section references to an authority to which this section applies are references to a local authority, any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities or any water development board within the meaning of the M44 Water (Scotland) Act [F191 1980] or any river purification board within the meaning of section 135 of this Act.

Textual Amendments

F190 Words in s. 118(1)(b) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 40, Sch.14; S.I. 1993/575, art. 2,Sch. (with saving in art. 5(a))

F191 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

Modifications etc. (not altering text)

C143 S. 118 extended by Local Government (Scotland) Act 1975 (c. 30), ss. 10(4), 16, Sch. 3 para. 10(2)

Marginal Citations

M44 1980 c. 45.

119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F192 S

Textual Amendments

F192 S. 119 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

[F193 120 Rate support grant. S

(1) Rate support grant orders under section 3 of the M45 Local Government (Scotland) Act 1966 shall be made in advance for a period of one year, instead of for successive periods of two years, and accordingly—

(a) in section 3(3) of that Act, for the words from “successive periods” to the end of the subsection there shall be substituted the words “a period of one year”;

(b) a rate support grant order made before the passing of this Act shall, in so far as it was made in respect of the year 1974-75, cease to have effect.

(2) If in the exercise of the power conferred on him by section 4 of the said Act of 1966 the Secretary of State at any time after 15th May 1975 redetermines for the year 1974-75 the amount and portion mentioned in paragraphs (a) and (b) of section 2(2) of the said Act of 1966, he may by an order made under the said section 4, instead of increasing to any extent the amount fixed by the rate support grant order made in respect of that year as the aggregate amount of the rate support grants and any element of those grants for that year, increase to that extent the amount fixed by the rate support grant order made in respect of the year 1975-76 as the aggregate of the rate support grants and any element of those grants for the last-mentioned year.

(3) Expressions used in this section and in sections 2 to 4 of the said Act of 1966 have the same meanings in this section as in those sections.]

Textual Amendments

F193 S. 120 repealed (1.4.1994) by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

Marginal Citations

M45 1966 c. 51.

121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F194 S

Textual Amendments

F194 S. 121 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

122 Miscellaneous amendments of enactments relating to finance. S

Schedule 9 to this Act shall have effect for making amendments and modifications of enactments relating to local government finance which are not replaced by the foregoing provisions of this Part of this Act.

[F195 122A Duty of local authority to use resources efficiently. S

It shall be duty of each local authority to make proper arrangements for securing economy, efficiency and effectiveness in their use of resources.]

Textual Amendments

F195 S. 122A inserted (4.1.1995) by 1994 c. 39, s. 170; S.I.1994/2850, art. 3(a), Sch. 2

Part VIII U.K. Functions

Education S

123 Education authorities. S

The education authority for the purposes of the Education (Scotland) Acts 1939 to 1973 shall be a regional or islands council.

124 Education committees. S

(1) Every education authority shall appoint a committee, which shall be known as the education committee, to which (subject to any arrangement under section 127 of this Act, as read with section 56 of this Act, for the discharge by the education committee of any function) all their functions as such authority shall stand referred.

In this subsection, “referred” means remitted to the committee for consideration and report to the authority but without power to the committee to discharge any function on behalf of the authority.

(2) Subject to the provisions of section 59 of this Act, an education authority shall appoint to their education committee persons who are not members of the authority, but at least half of the members appointed to the committee shall be members of the authority.

(3) The persons appointed under subsection (2)

above who are not members of the education authority shall include—

(a) at least three persons interested in the promotion of religious education, and the persons appointed in terms of this paragraph shall include—

(i) one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church; and

(ii) in the case of the education authority for the area of a region, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church;

(iii) one person, or, in the case of the education authority for an islands area, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under sub-paragraphs (i) and (ii) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there;

(b) at least two teachers employed in educational establishments under the management of the authority, nominated in such manner as may be determined by the authority.

(4) The number of members of an education committee and their term of office shall be fixed by the appointing authority.

(5) Every member of an education committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any sub-committee thereof; but for the purposes of this subsection a member of an education authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

(6) Paragraphs 2, 8, 9 and 10 of Schedule 10 to this Act shall, subject to any necessary modifications, apply in relation to an education committee and to the standing reference of functions to that committee under subsection (1) above as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.

F196 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F196 S. 125 repealed by Self-Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

126 Disqualification for membership of education committees, etc. S

Notwithstanding the provisions of section 59 of this Act . . . F197 a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of the education committee of that authority, of any sub-committee of that committee . . . F197 . . . F198 college council appointed by that authority, or for being a representative of that authority on a joint committee relating to their functions as an education authority;

. . . F199

Textual Amendments

F197 Words repealed by Self Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to a saving in s. 54(7))

F198 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

F199 Paragraph (b) and the proviso to paragraph (b) repealed by Self Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to a saving in s. 54(7))

127 Discharge of education authority functions. S

(1) In relation to the discharge by a local authority of their functions as an education authority, Schedule 10 to this Act shall have effect in place of subsections (1) to (5) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.

(2) Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under this section as they apply in relation to a joint committee appointed under Part V of this Act.

128 Educational endowments. S

(1) Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table.

Table A

Existing area	New area
County County of a city	Region or islands area
Large burgh Small burgh District	District or islands area

(2) Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above.

Table B

Existing office-holder	New office-holder
Lord Provost Provost Convener of county Chairman of district council	Chairman of council
Magistrate Councillor Chairman of or member of a committee	Councillor, or any other person nominated by the council
Any specified officer	The corresponding officer or (if there is no such officer) the proper officer

(3) Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.

(4) Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.

(5) In this section, unless the context otherwise requires, expressions used in Part VI of the M46 Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.

(6) Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.

Modifications etc. (not altering text)

C144 S. 128 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)

Marginal Citations

M46 1962 c. 47.

F200 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F200 S. 129 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

Housing S

130 Housing. S

(1) Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) [F201 Act 1987] shall be an islands or a district council.

(2) Before the council of a district exercise outside the district any power under Part [F202 I] of the Housing (Scotland) Act [F202 1987] (provision of housing accommodation), the council shall give notice of their intention to do so to the council of the region in which the district is situated and also, if they propose to exercise the power outside that region, to the council of the region in which they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.

(3) The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.

Textual Amendments

F201 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(a)

F202 Figure substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(b)

Modifications etc. (not altering text)

C145 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

131 Powers of regional council in relation to housing. S

(1) A regional council may enter into an agreement with a district council whether within or outwith their region whereby, in consideration of the provision of housing accommodation by the district council, the regional council shall make such payment to the district council as shall be specified in the agreement; but any agreement under this subsection shall be subject to the approval of the Secretary of State.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F203

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F204

Textual Amendments

F203 S. 131(2) repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(2)(3), Sch. 24

F204 S. 131(3) repealed by Housing Act 1974 (c. 44), Sch. 15

132 Functions under the Rent Acts. S

(1) The local authority for the purposes of the M47 M48 Rent (Scotland) Acts 1971 and 1972 shall be an islands council or district council.

(2) The M49 Rent (Scotland) Act 1971 shall have effect subject to the amendments set out in Schedule 13 to this Act.

Modifications etc. (not altering text)

C146 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M47 1971 c. 28.

M48 1972 c. 46.

M49 1971 c. 28.

The environment S

133 Roads. S

(1) The [F205 local roads authority] for the purposes of this Act and any other enactment (whether passed or made before or after the passing of this Act) shall be a regional or islands council; and the enactments set out in Schedule 14 to this Act shall have effect subject to the amendments specified in that Schedule.

(2) The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the M50 Local Government (Scotland) Act 1889 shall be transferred to and vested in the [F205 local roads authority].

Textual Amendments

F205 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 73

Marginal Citations

M50 1889 c. 50.

134 Building. S

(1) The jurisdiction and functions of buildings authorities and functions of masters of works conferred on them by the M51 M52 Building (Scotland) Acts 1959 and 1970 shall be transferred to the councils of islands areas and districts, except that in the case of districts situated within the Highland, Borders and Dumfries and Galloway regions they shall be transferred to the councils of those regions.

(2) The M53 Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.

Modifications etc. (not altering text)

C147 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M51 1959 c. 24.

M52 1970 c. 38.

M53 1959 c. 24.

135 Prevention of river pollution. S

(1) River purification boards established under Part II of the Rivers (Prevention of Pollution) M54 (Scotland) Act 1951 are hereby dissolved and sections 2 to 5 of the said Act shall cease to have effect.

(2) On and after 16th May 1975 the functions of river purification authorities under the M55 Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall be exercised by river purification boards established under the following provisions of this section and by islands councils.

(3) The Secretary of State shall, by order, divide Scotland, other than islands areas, into areas (to be known as “river purification board areas”)

(4) An order made under subsection (3)

above shall define each river purification board area either by reference to a map or to the line of any watershed or to the boundary of any local government area existing immediately before the making of the order, or partly by one method and partly by another.

(5) For each river purification board area the Secretary of State shall by order establish the river purification board and the said order shall provide—

(a) that the river purification board shall consist of such number of members as may be specified in the order not being more than three times the number of districts wholly or partly within the river purification board area,

(b) that one third of the members of the river purification board shall be appointed from among their own members by such of the regional councils wholly or partly within the area of the river purification board and in such proportions, as may be so specified; that one third of the members of the river purification board shall be appointed from among their own members by such of the district councils wholly or partly within the area of the river purification board and in such proportions as may be so specified; and that one third of the members of the river purification board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the river purification board area or any other interests which, in the opinion of the Secretary of State, should be represented on the board,

(c) that the river purification board shall be a body corporate with such name as may be specified in the order, and that the board shall have a common seal and may hold land and may sue and be sued in the name so specified.

(6) An order made under subsection (5)

above may make provision with regard to the following matters—

(a) the arrangements for the calling of the first meeting of the river purification board;

(b) the preparation of a scheme with respect to the administrative arrangements for the discharge of the functions of the river purification board;

(c) the tenure of office of members of the river purification board and the filling of casual vacancies among such members;

(d) the mode of defraying the expenses of the board and in particular the proportions of those expenses which are to be borne severally by regional councils and for issue of requisitions to the said councils for the payment of the amounts apportioned to these councils;

(e) the transfer to the river purification board of rights or liabilities (other than those in or relating to property) or of the services of any officer or servant of any existing river purification authority, the functions of which, on and after 16th May 1975, shall be exercised by the river purification board in terms of subsection (2) of this section;

(f) the application to the board, subject to any necessary modifications, of any of the provisions of this Act;

(g) any other matter incidental to or consequential on the establishment of the river purification board or any provision contained in the order.

(7) Before making an order under subsection (3)

or (5) above the Secretary of State shall consult all local authorities (including in the case of an order made before 16th May 1975, councils of counties and large burghs) and river purification boards whose areas are wholly or partly within the area affected by the order, and the provisions of [F206 Schedule 7 to the M56 Water (Scotland) Act 1980] shall apply to the making of such an order as they apply to the making of an order under [F206 section 82 of that Act] with the substitution of a reference to this subsection for the reference to [F206 section 100(2) of that Act].

(8) Any reference in the M57 M58 Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to the councils of counties or of large burghs and to their districts shall be read as references to regional, islands or district councils and to their areas.

(9) The provisions of section 216 of the 1947 Act (which relate to the issue of requisitions by joint committees and joint boards) shall, subject to any necessary modifications, apply to a requisition by a river purification board in terms of an order under this section as they apply to requisitions by a joint committee or joint board, and the provisions of section 106 of this Act shall, subject to any necessary modifications, apply with respect to a river purification board as they apply to a water development board within the meaning of [F206 the M59 Water (Scotland) Act 1980].

(10) The Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall have effect subject to the amendments specified in Schedule 16 to this Act.

Textual Amendments

F206 Words substituted by virtue of Water (Scotland) Act 1980 (c. 45), Sch. 9 para. 3

Modifications etc. (not altering text)

C148 S. 135 extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1)

C149 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M54 1951 c. 66.

M55 1965 c. 13.

M56 1980 c. 45.

M57 1951 c. 66.

M58 1965 c. 13.

M59 1980 c. 45.

[135A F207 Variation of composition of river purification boards. S

(1) The power to make an order under subsection (5) of section 135 of this Act includes power to vary the composition of any river purification board, in accordance with the provisions of this section, in a subsequent order.

(2) Such a variation order shall provide—

(a) that any river purification board shall consist of such number of members as may be specified in the order;

(b) that one quarter of the members of the board shall be appointed from among their members by such of the regional councils wholly or partly within the area of the board and in such proportions as may be so specified;

(c) that one quarter of the members of the board shall be appointed from among their members by such of the district councils wholly or partly within the area of the board and in such proportions as may be so specified; and

(d) that one half of the members of the board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the board’s area or any other interests which, in the opinion of the Secretary of State, should be represented on the board.

(3) Such a variation order may make such transitional provisions with regard to the termination and appointment of members, including members appointed by regional or district councils, as the Secretary of State thinks appropriate.]

Textual Amendments

F207 S. 135A inserted (1. 10. 1991) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1), Sch. 10 para.6; S.I. 1991/2187, art. 3,Sch.

Modifications etc. (not altering text)

C150 S. 135A extended (prosp.) by 1994 c. 39, ss. 37(1), 184(2) (which amending provision was repealed (1.2.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with. ss. 7(6), 115, 117); S.I. 1996/186, art. 2)

[F208 136 Deposit of poisonous waste. S

(1) The local authority for the purposes of the M60 Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words “county councils and town” there shall be substituted the words “ islands councils and district ”.

(2) In section 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority.

(3) In section 7 of that Act after the definition of “refuse tip” there shall be inserted the following definition “ “river purification authority” has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council. ”]

Textual Amendments

F208 S. 136 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

Marginal Citations

M60 1972 c. 21.

137 Flood prevention and flood warning systems. S

(1) All functions of town and county councils under the M61 Flood Prevention (Scotland) Act 1961 are hereby transferred to regional and islands councils, and accordingly for section 1(2) of that Act there shall be substituted the following subsection—

“(2) This section applies to all regional and islands councils, and in this Act any reference to a local authority is a reference to a council to whom this section applies.”

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F209

Textual Amendments

F209 S. 137(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Marginal Citations

M61 1961 c. 41.

138 Coast protection. S

(1) The coast protection authority for the purposes of the M62 Coast Protection Act 1949 shall be the council of a region any part of which adjoins the sea, or an islands council.

(2) In the said Act of 1949 the following amendments shall be made—

(a) for section 1(1) (coast protection authorities), there shall be substituted the following subsection—

“(1) The council of a region any part of which adjoins the sea or of an islands area shall be the coast protection authority for that region or area, as the case may be.”;

(b) in section 20(5) (contributions towards expenses of coast protection) for the word “burgh” there shall be substituted the word “district”;

(c) in section 22 (power to use for incidental purposes land acquired for coast protection)—

(i) in subsection (2), for the words “burgh or county” there shall be substituted the words “region or islands area”.

(ii) in subsection (3), for the reference to the M63 Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973;

(d) in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection—

“(4) This section shall not apply to Scotland.”;

(e) in section 45(1)(b) (service of notices and other documents), for the words “or burgh” there shall be substituted the words “or in Scotland the council of a region, islands area or district”;

(f) in section 46(4) (local inquiries), for the words from “subsection (2)” to “1947” there shall be substituted the words “subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973”;

(g) in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph—

“(b) for references to the London Gazette and to a county or county district there shall be substituted respectively references to the Edinburgh Gazette and to a region, islands area or district”.

Modifications etc. (not altering text)

C151 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M62 1949 c. 74.

M63 1947 c. 43.

F210 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F210 S. 139 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

140 Allotments. S

The functions of local authorities under the Allotments (Scotland) Acts 1892 to 1950 shall be exercised by islands and district councils.

141 Public conveniences. S

The local authority for the purposes of section 5 of the M64 Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word “1947” there shall be substituted the word “ 1973 ”.

Marginal Citations

M64 1970 c. 44.

142 Public health. S

(1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority shall be an islands or district council.

(2) This section applies to the following enactments—

(a) The M65 Public Health (Scotland) Act 1897;

[F211 (b) The M66 Alkali, Etc., Works Regulation Act 1906;]

(c) The M67 Public Health (Scotland) Act 1945;

(d) Part I of the M68 Prevention of Damage by Pests Act 1949;

(e) The M69 Rag, Flock and Other Filling Materials Act 1951;

(f) The M70 M71 Clean Air Acts 1956 and 1968;

(g) The M72 Noise Abatement Act 1960;

(h) The M73 Health Services and Public Health Act 1968, except section 65 thereof.

Textual Amendments

F211 S. 142(2)(b) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

Marginal Citations

M65 1897 c. 38.

M66 1906 c. 14.

M67 1945 c. 15.

M68 1949 c. 55.

M69 1951 c. 63.

M70 1956 c. 52.

M71 1968 c. 62.

M72 1960 c. 68.

M73 1968 c. 46.

143 Sewerage. S

The functions of local authorities under the M74 Sewerage (Scotland) Act 1968 shall be transferred to regional and islands councils.

Marginal Citations

M74 1968 c. 47.

144 X1 †Diseases of animals, and plant health. S

F212 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A competent authority under the M75 Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from “in such manner” to “direct” shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from “in such”(where first occurring) to “direction” shall cease to have effect.

Editorial Information

X1 Unreliable marginal note.

Textual Amendments

F212 S. 144(1)(2) repealed by Animal Health Act 1981 (c. 22), Sch. 6

Marginal Citations

M75 1967 c. 8.

145 Ordnance Survey. S

(1) The M76 Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the modifications set out in this section.

(2) An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the regional, islands or district council, and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was made.

F213 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) (a)

References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the regional, islands or district council, as the case may be.

(b) References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the regional, islands or district council, as the case may be.

(5) References in the 1841 Act to a county shall be construed as references to a region, islands area or district, as the case may be, including the electoral areas thereof and other places therein.

Textual Amendments

F213 S. 145(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group1

Marginal Citations

M76 1841 c. 30.

Miscellaneous functions U.K.

146 Police. U.K.

(1) The M77 Police (Scotland)

Act 1967 shall be amended in accordance with subsections (2) to (9) below.

(2) For section 1(1) of that Act (police areas) there shall be substituted the following subsection—

“(1) Subject to the provisions of any amalgamation scheme, a police force shall be maintained for every region and for every islands area, and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof.”

(3) In section 2(1) (police authorities), for the words from the beginning to “police authority” there shall be substituted the words “For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, shall be the police authority”.

(4) Section 4(3) of that Act (same person may be chief constable of more than one police force) shall cease to have effect on 16th May 1975.

(5) Section 18 of that Act (jurisdiction of constables as respects execution of warrants in border counties of England and Scotland) shall be amended as follows—

(a) in subsection (1) for the words from “Scotland” to “Dumfries” there shall be substituted the words “any one of the border regions of Scotland, that is to say, the counties of Northumberland or Cumbria, or the regions of the Borders or Dumfries and Galloway”, and after the word “counties” or “county” wherever it occurs there shall be inserted respectively the words “or regions” or “or region”;

(b) in subsection (2) for paragraph (b) there shall be substituted the following paragraph—

“(b) references to the region of the Borders or Dumfries and Galloway shall be construed as including references to a combined area within the meaning of this Act comprising either of those regions.”

(6) In sections 20(5) (power of Secretary of State to make amalgamation schemes) and 29(3) (local inquiries) of that Act, for the reference to subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973.

(7) After section 21 of that Act there shall be inserted the following section—

“21A Alteration of local government areas.

(1) Subject to subsection (2) below, an amalgamation scheme may be approved or made under this Act with respect to two or more police areas—

(a) to be established by the Local Government (Scotland) Act 1973,

(b) which are proposed to be altered by an order under section 17 of the Local Government (Scotland) Act 1973,

and subject to subsection (3) below, may be so approved or made before the relevant date.

(2) The Secretary of State shall make an amalgamation scheme under this Act before the relevant date for the police areas comprised in each of the combined areas set out in the following table—

Table

Combined area	Police areas comprised
South-eastern	Borders and Lothian
Northern	Highland and the Islands Areas.

(3) A scheme under this section shall not come into force before the relevant date except so far as it relates to the constitution of the joint police committee and to the performance by that committee of functions necessary for bringing the scheme into full operation on that date.

(4) In relation to an amalgamation scheme to be approved or made by virtue of this section, sections 19, 20 and 21 of this Act shall apply subject to any necessary modifications except that subsections (2) to (5) of the said section 20 shall not apply where the scheme is made by the Secretary of State before 16th May 1975 by virtue of subsection (2) above.

(5) In this section “the relevant date” means, in relation to an amalgamation scheme approved or made as mentioned in paragraph (a) of subsection (1) or in subsection (2) above, 16th May 1975, and, in relation to an amalgamation scheme approved or made as mentioned in paragraph (b) of subsection (1) above, the date on which the order mentioned in that paragraph comes into force.”

(8) For section 23 of that Act there shall be substituted the following section—

“23 Chief constables affected by amalgamations or local government reorganisations.

(1) If the chief constable of a police force which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist—

(a) chief constable of the new force, or

(b) constable of any rank in any other police force which exists on that date,

he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection.

(2) While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of assistant chief constable, but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist.

(3) A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act, cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity.

(4) The provision to be made by regulations under section 24 of the Superannuation Act 1972 or section 219 of the Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the Police Pensions Act 1948 had the first-mentioned police force been combined with another force by an amalgamation scheme under the Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)(b) of the Police Pensions Act 1948 shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is allected by this section.

(5) The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force.

(6) In this section—

“new force” has the same meaning as it has for the purposes of Schedule 2 to this Act;

“relevant authority” means the police authority or, as the case may be, the joint police committee responsible for the appointment of the chief constable of the relevant new force;

“relevant new force” means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred.”

(9) In section 51 (1) (general interpretation), in the definition of “amalgamation scheme”, for the words “or section 20” there shall be substituted the words “section 20 or section 21A”.

(10) Sections 24 and 25 of the said Act of 1967 and Schedule 2 thereto shall, subject to any necessary modifications, apply to an order under section 215 of this Act as they apply to an amalgamation scheme under that Act.

Modifications etc. (not altering text)

C152 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M77 1967 c. 77.

[F214 147 Fire services. S

(1) Subject to the provisions of this section, the fire brigades maintained in Scotland for the purposes of the Fire Services Acts 1947 to 1959 by fire authorities or, where administration schemes have been made, joint committees for combined areas immediately before 1st April 1996 shall continue in existence on and after that date.

(2) Subject to the provisions of the M78 Fire Services Act 1947, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall, until 31st March 1996, continue to be a regional or islands council and thereafter shall be a local authority.

(3) The fire brigades for the existing fire authorities of Fife and Dumfries and Galloway shall be the fire brigades for the new fire authorities of the same names.

(4) The Secretary of State shall, before 1st April 1996, by order make schemes (hereafter referred to as “administration schemes”) for the local government areas comprised in each of the combined areas set out in the Table at the end of this subsection for the provision in the combined area of the services required by section 1 of the Fire Services Act 1947; and the fire brigades for the existing areas shown in brackets in the first column shall be the fire brigades for the new combined areas.

Table

Combined area	Local government areas comprised
Central (Central Region).	Clackmannan, Falkirk, Stirling.
North Eastern (Grampian Region).	Aberdeenshire, City of Aberdeen, Moray.
Northern (Northern).	Highland, Orkney Islands, Shetland Islands, Western Isles.
South Eastern (South Eastern).	East Lothian, Midlothian, West Lothian, the Borders, City of Edinburgh.
Mid and South Western (Strathclyde Region).	Argyll and Bute, City of Glasgow, Dumbarton and Clydebank, East Dunbartonshire, Inverclyde, East Renfrewshire, East Ayrshire, North Ayrshire, South Ayrshire, North Lanarkshire, South Lanarkshire, Renfrewshire.
Mid Eastern (Tayside Region).	Angus, City of Dundee, Perthshire and Kinross.

(5) Subject to subsection (6) below, an administration scheme made under this section may contain such provision as the Secretary of State considers necessary or appropriate for the purposes of the scheme including, without prejudice to the generality of the foregoing, any provision which is required to be made, or which may be made, in an administration scheme under section 36 of the Fire Services Act 1947.

(6) An administration scheme made under this section shall provide for the incorporation of the joint board with a common seal and shall confer on such a board power to hold land and to borrow money.

(7) Before making an administration scheme under this section the Secretary of State shall—

(a) consult such fire authorities as appear to him to be affected by the scheme; and

(b) where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.

(8) An administration scheme made under this section shall not take effect before 1st April 1996, except so far as it relates to—

(a) the constitution of the joint board for fire services; and

(b) the performance by that board of functions necessary for bringing the scheme into full operation on that date.

(9) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F214 S. 147 substituted (6.4.1995) by 1994 c. 39, s. 36 (with s. 7(2)); S.I. 1995/702, art. 4(1), Sch. 2

Marginal Citations

M78 1947 c. 41.

148 Water. S

(1) Regional water boards established under the M79 Water (Scotland) Act 1967 are hereby dissolved and their functions are hereby transferred to water authorities.

(2)—(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

(8) Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

Textual Amendments

F215 S. 148(2)–(7), (9) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

Marginal Citations

M79 1967 c. 78.

F216 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F216 S. 149 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

150 Public transport. S

(1) Subject to the provisions of Schedule 18 to this Act, all functions relating to transport under the enactments specified in that Schedule shall be exercised by regional or islands councils and those enactments shall have effect subject to the amendments specified in that Schedule.

(2) The Strathclyde Regional Council shall be the Passenger Transport Authority for the Greater Glasgow Passenger Transport Area for the purposes of Part II of the M80 Transport Act 1968, and accordingly the Greater Glasgow Passenger Transport Authority established by virtue of the said Part II is hereby dissolved and its property and functions transferred to the Strathclyde Regional Council.

(3) In consequence of subsection (2)

above, the Secretary of State may by order amend any local enactment or any order made under Part II of the said Act of 1968 or any provision of the said Part II in its application to the Greater Glasgow Passenger Transport Area, being an area which has been designated for the purposes of that Part by an order under section 9(1) of that Act, and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) References in this section to the Greater Glasgow Passenger Transport Area and the Greater Glasgow Passenger Transport Authority include references to that Area or Authority as varied by an order made under section 9 of the said Act of 1968.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F217

Textual Amendments

F217 S. 150(5) repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 and S.I. 1986/414, art. 2, Sch.

Marginal Citations

M80 1968 c. 73.

F218 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F218 S. 151 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 3 para. 27, Sch. 8

F219 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F219 S. 152 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

153 Ferries. S

(1) All rights which are presently vested in local authorities in relation to ferries, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the regional or islands council within whose area the ferry is situated.

(2) A regional or islands council or any two or more such councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but such a council or councils acting in combination may only exercise those powers as respects a ferry situated partly within their area or areas and partly within the area of another such council if the agreement of that other council has first been obtained.

(3) A regional or islands council or any two or more such councils acting in combination may

(a) incur capital expenditure and borrow money for the purposes of exercising their powers under subsection (2) above;

(b) lease or hire a ferry to or from another person on such conditions as they think fit;

(c) enter into arrangements with another person for the operation of a ferry by that person on their behalf; and

(d) from time to time fix fares and charges for the use of any ferry operated by virtue of this section, and adequate publicity as to those fares and charges shall be given by them within their area.

(4) If in any year the revenue received by a council, or by two or more councils acting in combination, in respect of a ferry operated by virtue of this section is insufficient to defray the expenditure incurred in operating and maintaining in an efficient state any such ferry and any sums required to meet interest, sinking fund or other loan charges, the deficiency shall be met out of rates by the council in whom the ferry is vested, or in the case of a ferry vested in two or more councils in combination, by those councils in such proportions as may be fixed by the combination agreement.

(5) In this section “ferry” includes all rights pertaining thereto (including rights of access) and all boats, vessels, landing stages, plant and apparatus used in connection with the ferry, but does not include a harbour transferred by virtue of section 154 of this Act.

154 Piers and Harbours. S

(1) [F220 Subject to subsection (3A) below,] all rights which are presently vested in local authorities in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the regional or islands council within whose area the harbour, pier, boatslip or jetty is situated, and the enactments specified in Schedule 19 to this Act shall have effect subject to the amendments set out in that Schedule.

(2) Where a harbour is situated partly within the area of one regional council and partly within the area of another regional council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.

(3) A regional or islands council or any two or more such councils acting in combination may acquire by agreement, or, if so authorised by the Secretary of State, may acquire compulsorily—

(a) land for the purpose of constructing, re-constructing, extending or improving a marine work;

(b) any harbour whose acquisition is considered by the council to be desirable in the interests of their area and

(i) whose maintenance is to be discontinued by its owner, or

(ii) which is considered by the council to be in a poor state of repair,

and sections 70(2) to (5) and 71(3) and (4) of this Act shall apply respectively to acquisition by agreement or compulsorily under this subsection as they apply for the purposes of those sections.

[F221 (3A) A district council may acquire by agreement any—

(a) harbour;

(b) pier;

(c) boatslip; or

(d) jetty,

which is situated within their district and which is used (or is to be used) wholly for sporting or recreational purposes; and on such acquisition there shall vest in them the powers and duties of improving, maintaining and managing the harbour, pier, boatslip or, as the case may be, jetty.

(3B) Subsections (3) and (5) of section 70 of this Act shall apply to acquisition under subsection (3A) above as they apply for the purposes of that section.]

(4) If a local authority so elects and notifies the Secretary of State accordingly, Part III of the M81 Harbours, Piers and Ferries (Scotland) Act 1937 shall apply to any harbour transferred to or acquired by them under this section which is not a marine work as if it were a marine work.

(5) A local authority may make loans to a harbour authority for a harbour wholly or partly situated within their area, on such terms as may be agreed between the local authority and the harbour authority, for the purpose of enabling the harbour authority to do anything which they have power to do.

(6) Where provisions of the M82 Harbours, Docks and Piers Clauses Act 1847 have been incorporated with any enactment, the amendments made by this Act in that Act shall be so incorporated.

(7) In this section “harbour authority” and “marine work” have the same meanings as in section 57(1) of the M83 Harbours Act 1964 and so has “harbour” except that it does not include a ferry within the meaning of section 153(5) of this Act

Textual Amendments

F220 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 20(a)

F221 S. 154(3A), (3B) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 20(b)

Modifications etc. (not altering text)

C153 S. 154 certain functions transferred (18.11.1990) by S.I. 1991/43, art. 3(1).

S. 154 certain functions transferred (25.2.1991) by S.I. 1991/1082, art. 3(1).

S. 154 certain functions transferred (8.2.1993) by S.I. 1993/321, art. 3(1)

Marginal Citations

M81 1937 c. 28.

M82 1847 c. 27.

M83 1964 c. 40.

[F222 154A Industrial promotion. S

(1) Subject to the following provisions of this section, a local authority may engage in industrial promotion; that is to say in promotion having as its aims the establishment or development of, or the procuring of investment in, or the effecting of measures to provide or safeguard employment in, industry.

(2) Without prejudice to any power which they may have under section 90 of this Act, no local authority shall engage in industrial promotion other than under subsection (1) above.

(3) In engaging in industrial promotion under subsection (1)

above a regional or islands council may do anything, whether in Scotland or elsewhere, which appertains to or is conducive or incidental to such promotion; but the powers of a district council under that subsection shall be limited to—

(a) within their own area, doing anything which appertains to or is conducive or incidental to such promotion;

(b) in any part of the United Kingdom, but only as regards specific industrial sites or premises (being sites or premises owned by them) and such services and other facilities as are or will be available in relation to such sites or premises, doing anything mentioned in, or incidental to anything mentioned in, paragraph (a) or (d) of the definition of “promotion” in subsection (4) below; and

(c) at the invitation of—

(i) the Secretary of State;

(ii) the regional council within whose area of the district council is; or

(iii) a body designated, by order, for the purposes of this paragraph by the Secretary of State,

contributing financially to, or participating in, any such promotion engaged in by the inviter or inviters:

Provided that for a regional or islands council to engage in, for a district council to participate in, or for any local authority to contribute financially to, industrial promotion outside the United Kingdom it shall be necessary for them either to have the express consent of the Secretary of State or to be acting in accordance with a general consent given by him.

(4) In the foregoing provisions of this section, unless the context otherwise requires—

• “industry” has the same meaning as in the M84 Industry Act 1975; and

• “promotion” includes—

  (a)

  advertising; and preparing and disseminating information;

  (b)

  participating in trade or investment missions;

  (c)

  holding or taking part in such activities as seminars, exhibitions and symposiums; and

  (d)

  carrying on correspondence and holding meetings with persons who are (or are potential or prospective) developers, investors or employers.

(5) The exercise by a local authority of any power which they have—

(a) under section 7 of the M85 Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings);

(b) by virtue of section 102 (compulsory acquisition of land in connection with development and for other planning purposes) or under section 109 (acquisition of land by agreement) of the M86 Town and Country Planning (Scotland) Act 1972; or

(c) under section 70, 74 or 78 of this Act,

shall be subject to the foregoing provisions of this section.]

Textual Amendments

F222 Ss. 154A, 154B inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 7

Marginal Citations

M84 1975 c. 68.

M85 1964 c. 67.

M86 1972 c. 52.

154B Code of practice for industrial promotion. S

(1) Subject to subsection (2)

below, the Secretary of State may issue (or arrange for there to be issued) a code of recommended practice as to the discharge of functions under section 154A of this Act by local authorities.

(2) Before issuing (or arranging for the issue of)

a code under subsection (1) above the Secretary of State shall consult any association of local authorities which appears to him to represent the interests of local authorities in Scotland.

(3) The Secretary of State may by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, make regulations requiring local authorities to conform to any code issued under subsection (1) above.

155 Factories. S

(1) The district council for the purposes of the M87 Factories Act 1961 shall be an islands or a district council and accordingly in section 176(1) of that Act (interpretation), in the definition of “district council”, for the words from “the Council of a county” onwards there shall be substituted the words “an islands or a district council”.

(2) In section 46(6) (bye-laws), for the words “301 to 303” there shall be substituted the words “201 to 204” and for the word “1947”, where it twice occurs, there shall be substituted the word “1973”.

(3) In section 47(1) (means of escape), the word “either” and the words from “or, where” to the end shall cease to have effect.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F223

(5) In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect.

(6) Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect.

(7) In section 182 (application to Scotland), subsection (2) shall cease to have effect, and in subsection (9) for the words “county and town” there shall be substituted the words “islands and district”.

Textual Amendments

F223 S. 155(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

Modifications etc. (not altering text)

C154 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M87 1961 c. 34.

156 Offices, shops and railway premises. S

(1) The local authority responsible for enforcing the provisions of the M88 Offices, Shops and Railway Premises Act 1963 shall be an islands or a district council, and accordingly in section 90(1) of that Act (interpretation), in the definition of “local authority” for the words “the council of a county or” onwards there shall be substituted the words “an islands or district council and in section 52(3) of this Act includes a regional council”.

(2) In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect.

(3) In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “(2) to (8) of section 210 of the Local Government (Scotland) Act 1973”.

Modifications etc. (not altering text)

C155 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M88 1963 c. 41.

F224 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F224 S. 157 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2(e)(v) and expressed to be repealed (prosp.) by 1994 c. 39, ss. 180(1)(2), 184(2), Sch. 13 para. 92(48), Sch. 14

F225 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F225 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

159 Employers liability. S

Regional, islands and district councils shall not require to effect any insurance under the M89 Employers Liability (Compulsory Insurance) Act 1969, and accordingly in section 3(2) of that Act (employers exempted from insurance), for the words “county, town” there shall be substituted the words “regional, islands”.

Modifications etc. (not altering text)

C156 S. 159 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M89 1969 c. 57.

F226 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F226 S. 160 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

161 Social work. S

(1) For the purposes of the M90 M91 Social Work (Scotland)

Acts 1968 and 1972, the local authority shall be a regional or islands council.

(2) In relation to the discharge by a local authority of their social work functions, Schedule 20 to this Act shall have effect in place of subsections (1) to (5) and (10) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.

(3) Where a local authority have made an arrangement under Schedule 20 to this Act for the discharge by their social work committee of any of their social work functions, that function shall not, during the subsistence of such arrangement, stand referred to that committee under section 2 of the Act of 1968, and the committee may themselves discharge the function in accordance with the arrangement.

(4) Paragraphs 2, 7, 8 and 9 of Schedule 20 to this Act shall, subject to any necessary modifications, apply in relation to a social work committee and to the standing reference of functions to that committee under section 2 of the Act of 1968 as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.

(5) The number of members of a social work committee and their term of office shall be fixed by the appointing authority.

(6) A social work committee may, subject to section 59 of this Act, include persons who are not members of the appointing authority, [F227 but at least two-thirds of the members appointed to the committee shall be members of that authority.]

(7) Every member of a social work committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any sub-committee thereof; but for the purposes of this subsection a member of a social work committee shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

(8) Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under Schedule 20 to this Act as they apply in relation to a joint committee appointed under Part V of this Act.

(9) This section shall be without prejudice to the provisions of Schedule 3 to the Act of 1968 relating to Children’s Panel Advisory Committees.

(10) In this section—

(a) “social work committee” means a committee appointed under section 2(1) of the Act of 1968;

(b) “social work functions” means the functions referred to in section 2(2) of the Act of 1968;

(c) “the M92 Act of 1968” means the Social Work (Scotland) Act 1968.

Textual Amendments

F227 Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwise (prosp.)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 14(6)(8)(b), 194(4), 195(2), Sch. 12 Pt. II

Marginal Citations

M90 1968 c. 49.

M91 1972 c. 24.

M92 1968 c. 49.

F228 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F228 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

163 Public libraries, museums and art galleries. S

(1) The local authority for the purposes of the Public Libraries (Scotland)

Acts 1887 to 1955 in their application to libraries shall be an islands or district council, except that within the Highland, Borders and Dumfries and Galloway regions such authority shall be the appropriate regional council.

(2) A local authority as aforesaid shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

(3) The local authority for the purposes of the M93 Public Libraries Consolidation (Scotland) Act 1887 in its application to museums and art galleries shall be [F229 an islands or district council.]

(4) Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

Textual Amendments

F229 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 21

Marginal Citations

M93 1887 c. 42.

F230 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F230 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

165 Spray irrigation. S

The functions of river purification boards under the M94 Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words “board” and “boards”, wherever they occur, there shall be substituted respectively the words “ authority ” and “ authorities ”.

Marginal Citations

M94 1964 c. 90.

166 Registration of births, deaths and marriages. S

(1) The local registration authority for any registration district for the purposes of the M95 Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be the regional or islands council within whose area the registration office for the registration district concerned is located immediately before the commencement of this Act.

(2) Accordingly the following amendments shall be made in that Act—

(a) in section 5(3) (authority for registration districts), for the words from “responsible” onwards there shall be substituted the words “ascertained in accordance with section 166 of the Local Government (Scotland) Act 1973”;

(b) in section 6(4) (local inquiries), for the words from “subsections” to “1947” there shall be substituted the words “subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973”;

(c) in section 8(5) (custody of keys), the words from “by their” to “town clerk” shall cease to have effect;

(d) in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “sections 56 to 58 of the Local Government (Scotland) Act 1973”;

(e) for section 15(4) (finding of infant children), there shall be substituted the following subsection—

“(4) In this section “local authority” means a regional or islands council.”;

(f) in section 56(1) (interpretation), the definition of “local authority” shall cease to have effect.

Modifications etc. (not altering text)

C157 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M95 1965 c. 49.

F231 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F231 S. 167 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

168 Census. S

The local authorities for the purposes of the M96 Census Act 1920, including section 6 of that Act, shall be local authorities within the meaning of this Act, and accordingly for section 9(2) of that Act (application to Scotland), there shall be substituted the following subsection—

“(2) “local authority” means a regional, islands or district council;”.

Marginal Citations

M96 1920 c. 41.

169 Burial grounds, churchyards etc. S

(1) The functions of councils under the M97 Burial Grounds (Scotland) Act 1855 and the M98 Cremation Acts 1902 M99 and 1952 shall be transferred to and vest in islands or district councils.

(2) The functions of councils under the M100 M101 Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.

Marginal Citations

M97 1855 c. 68.

M98 1902 c. 8.

M99 1952 c. 31.

M100 1925 c. 33.

M101 1933 c. 44.

170 War memorials. S

(1) The local authority for the purposes of the M102 War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the M103 Local Government Act 1948 shall be a [F232 islands or district council]; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.

(2) In consequence of subsection (1) above the said section 133(3) shall have effect as if—

(a) after the word “modifications” there were inserted the following head—

“(ia) in section 1, for the words “within their district” there shall be substituted the words “whether within or outside their area”;”

(b) for head (ii) there were substituted the following head—

“(ii) “local authority” means a regional, islands or district council.”

Textual Amendments

F232 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 31

Modifications etc. (not altering text)

C158 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M102 1923 c. 18.

M103 1948 c. 26.

[F233 Heating and electricity] S

Textual Amendments

F233 Ss. 170A, 170B inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 102, 112(3), Sch. 13, Sch. 17 para. 35(1)

170A Production and supply of heat and electricity etc. by local authorities. S

(1) Subject to subsections (2) and (3) of this section, a local authority may—

(a) produce heat or electricity or both;

(b) establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;

(c) buy or otherwise acquire heat;

(d) use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;

(e) without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.

(2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

(3) Except in such cases as may be prescribed, [F234 or in cases where it is produced from waste,] a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.

(4) A local authority may—

(a) construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;

(b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.

(5) Parts I and II of Schedule 3 to the M104 Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

(a) in paragraph 1 of that Schedule the words “which they are authorised to lay” were omitted;

(b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection;

(c) for any reference to a water authority or a water development board there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person; and

(d) for any reference to the limits of supply or area of a water authority or a water development board there were substituted a reference to the area of the local authority.

(6) It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.

(7) In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.

(8) Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.

(9) Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F234 Words in s. 170A(3) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 13; S.I. 1991/1042, art.2

Marginal Citations

M104 1980 c. 45 ((130).).

170B Provisions supplementary to s. 170A. S

(1) A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—

(a) with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;

(b) for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;

(c) providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.

(2) Subsections (1) to (7) of section 38 of the M105 Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of water authorities or water development boards) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to water authorities or water development boards there were substituted a reference to the local authority and as if in subsection (1) of that section—

(a) for paragraph (a) there were substituted the following paragraph—

“(a) for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;”;

(b) for the words from “this Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 170B of the M106 Local Government (Scotland) Act 1973”; and

(c) for the words “this Act” in paragraphs (c) and (d) there were substituted the words “section 170A of that Act”.

(3) Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.

(4) An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.

(6) The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.

Marginal Citations

M105 1980 c. 45 (130).

M106 1973 c. 65 (81:2).

171 Miscellaneous functions, etc. S

(1) For the purposes of the following enactments the local authority shall be a regional or islands council—

(a) section 10 of the M107 Riotous Assemblies (Scotland) Act 1822 (compensation for damage by riot);

(b) section 10 of the M108 Protection of Birds Act 1967 (publicising of effect of Protection of Birds Acts);

(c) section 67 of the M109 Agriculture Act 1970 (enforcement of standards for fertilisers and feedingstuffs).

(2) For the purposes of section 13 of the M110 Protection of Birds Act 1954 (orders) the administrative area shall be the region, islands area or district.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

Textual Amendments

F235 S. 171(3) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

Marginal Citations

M107 1822 c. 33.

M108 1967 c. 46.

M109 1970 c. 40.

M110 1954 c. 30.

[F236 Part XVIIIA S Economic Development]

Textual Amendments

F236 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

F237 171A Functions to include promotion of economic development. S

(1) Subject to section 171B of this Act, the functions of a local authority shall include the taking of such steps as they may from time to time consider appropriate for promoting the economic development of their area.

(2) Subject to the said section 171B, and without prejudice to any other provision made by or under this Act, those steps may include participation in and the encouragement of, and provision of financial and other assistance for—

(a) the setting up or expansion of any commercial, industrial or public undertaking—

(i) which is to be or is situated in the authority’s area; or

(ii) the setting up or expansion of which appears likely to increase the opportunities for employment of persons living in that area; and

(b) the creation or protection of opportunities for employment with any such undertaking or with any commercial, industrial or public undertaking, opportunities for employment with which have been or appear likely to be made available to persons living in that area.

(3) For the purposes of this section, the cases in which a local authority shall be treated as providing financial assistance to any person shall include the cases where they do or agree to do any of the following, that is to say—

(a) make a grant to that person;

(b) make a loan to that person or provide him with any further form of credit;

(c) guarantee the performance of any of that person’s obligations;

(d) indemnify that person in respect of any liability, loss or damage;

(e) invest in that person’s undertaking, in the case of a body corporate, by acquiring share or loan capital in that body or otherwise;

(f) provide that person with any property, services or other financial benefit (including the remission in whole or in part of any liability or obligation) for no consideration or for a consideration which is less than the best that could reasonably be obtained;

(g) join with any other person in doing anything falling within paragraphs (a) to (f) above.

(4) The power conferred on a local authority under subsection (1) above includes power for such authority to engage in activities outside their area for the purpose of promoting the economic development of their area.

(5) Where, in any financial year, a local authority propose to engage in activities such as are mentioned in subsection (4) above outside the United Kingdom, they shall, before the beginning of that financial year—

(a) prepare a document setting out their proposals for engagement in such activities; and

(b) submit that document to the Secretary of State for approval.

(6) Where the Secretary of State approves the proposals set out in any document submitted under subsection (5) above, he may make his approval subject to such conditions as he considers necessary or expedient.

(7) At any time during the financial year to which a document such as is mentioned in subsection (5) above relates—

(a) a local authority may submit to the Secretary of State amendments of the proposals contained in that document; and

(b) subsection (6) above shall apply in relation to those amendments as it applies in relation to proposals submitted in pursuance of subsection (5) above.

(8) The exercise by a local authority of any of their powers under this section shall be subject to the provisions of section 90 of this Act.

Textual Amendments

F237 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

F238 171B Restrictions on promotion of economic development. S

(1) The powers of a local authority by virtue of section 171A above, and their powers by virtue of any of the other provisions of this or any other enactment, shall not include power, for the promotion of the economic development of their area, to take any such steps as may be specified or described for the purposes of this section in regulations made by the Secretary of State.

(2) Without prejudice to the generality of subsection (1) above, the Secretary of State may by regulations impose such conditions (including conditions requiring consultation by the local authority of such persons as may be prescribed), and such other restrictions, as may be specified in or determined under the regulations on the exercise, for the purpose of promoting the economic development of their area, of any power of a local authority by virtue of the said section 171A or any other enactment.

(3) The Secretary of State may by order impose such a financial limit as may be specified in or determined under the order on expenditure which—

(a) is, or is of a description, so specified or determined; and

(b) is, by virtue of section 171A above or a provision of this or any other enactment, incurred in any financial year for the purpose of promoting the economic development of their area by a local authority so specified or determined.

(4) A statutory instrument containing regulations under subsection (1) or (2) above or an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations under subsection (1) or (2) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.

Textual Amendments

F238 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

F239 171C Exercise of certain powers to be subject to provisions of sections 171A and 171B. S

The exercise by a local authority of any power which they have—

(a) under section 7 of the M111 Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings);

(b) under section 102 (power to acquire compulsorily certain land) or 109 (power to acquire certain land by agreement) of the M112 Town and Country Planning (Scotland) Act 1972; or

(c) under section 70, 74 or 78 of this Act,

is subject to the provisions of sections 171A and 171B of this Act.

Textual Amendments

F239 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

Marginal Citations

M111 1964 c. 67.

M112 1972 c. 52.

Part IX S Planning

Planning authorities and plans S

172 Planning authorities. S

(1) The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be—

(a) in the case of regional planning functions, a general planning authority or a regional planning authority; and

(b) in the case of district planning functions, a general planning authority or a district planning authority,

and the district of the planning authority shall be the region, islands area or the district, as the case may be.

(2) In the term “local planning authority”, wherever it occurs in any enactment or instrument made under an enactment, the word “local” shall be omitted.

(3) In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, [F240 or unless the context otherwise requires] be construed as a reference to a general planning authority and to a district planning authority.

(4) In this Part of this Act—

• “the M113 Act of 1972” means the Town and Country Planning (Scotland) Act 1972;

• “regional planning functions” are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act;

• “district planning functions” are those described as such in Part II of that Schedule or in this Part of this Act, together with those conferred on general or district planning authorities by this Part of this Act;

• “general planning authority” means the council of the Highland region, the Borders region or the Dumfries and Galloway region or of an islands area;

• “regional planning authority” means the council of any other region;

• “district planning authority” means a district council within the region of a regional planning authority.

Textual Amendments

F240 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 22

Marginal Citations

M113 1972 c. 52.

173 Regional reports. S

(1) A general or regional planning authority may, in advance of the submission of a structure plan to the Secretary of State, or at any time thereafter, prepare and submit to the Secretary of State a report on their district in accordance with the provisions of this section.

(2) If so directed by the Secretary of State, a general or regional planning authority shall submit such a report to him within a period specified in the direction.

(3) The report shall be based on the survey mentioned in section 4 of the Act of 1972, or any part of that survey, or on material prepared for that survey or part, and shall consist of planning policy proposals for the district of the authority as a whole or any part of it, as respects the matters mentioned in section 5(3) of that Act, having regard to the requirements of section 5(4) of that Act.

(4) Before submitting the report to the Secretary of State, a regional planning authority shall consult every district planning authority within their region, and every other planning authority who are likely to be affected by the report, and at the same time as the regional planning authority submit the report to the Secretary of State they shall send a copy of the report to every such planning authority.

(5) The Secretary of State shall make observations on each report submitted to him under this section and shall transmit those observations to all planning authorities to whom a copy of the report was sent under subsection (4) above, and the general or regional planning authority concerned shall publish within their district the report together with the observations of the Secretary of State.

(6) In the event of the failure of a general or regional planning authority to submit to him a report under this section, the Secretary of State may himself prepare and publish such a report, and any expenses certified by him as having been incurred in so doing shall on demand be repaid by the authority concerned to the Secretary of State.

(7) All planning authorities shall, in the exercise of their functions as such, have regard to any report and observations made under this section which affect or are likely to affect them.

174 Structure plans. S

(1) A structure plan submitted to the Secretary of State under section 5(1)

of the Act of 1972 may consist of a series of plans relating to different parts of the district of a planning authority, and may, if the Secretary of State agrees, on application made to him to that effect by a planning authority, relate to part only of the district of the authority, in which case references in Part II of the Act of 1972 and in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.

(2) Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a regional planning authority shall consult every planning authority who are likely to be affected by the plan or proposals.

175 Amendment of provisions relating to approval of structure and local plans by Secretary of State. S

(1) The following provisions shall be substituted for subsections (3) and (4) of section 7 of the Act of 1972 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular require him to consider any objections to the plan and to afford a hearing to the persons making them)—

“(3) Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

(b) cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting his consideration of the plan as he considers ought to be so examined.

(4) The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5) The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

Provided that the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part therein if it appears to him or them desirable to do so.

(6) An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1971, but shall not constitute such an inquiry for any other purpose of that Act.

(7) On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

(8) On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.”

(2) For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 12 of the Act of 1972 (which, amongst other things, applies section 7 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—

“(4) Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

(a) the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b) in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

(c) subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii) afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii) if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d) before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

(e) without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

(f) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.”.

(3) In consequence of subsection (2) above, in section 13(3) of the Act of 1972 the words from “but as if” to the end are hereby repealed.

Modifications etc. (not altering text)

C159 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

176 Local plans. S

(1) Every general and district planning authority shall, as soon as practicable, prepare local plans for all parts of their district and accordingly subsections (1) and (2) of section 9 of the Act of 1972 (preparation of local plans) shall cease to have effect.

(2) A district planning authority shall submit a copy of their proposals for a local plan or for the alteration, repeal or replacement of a local plan to the regional planning authority for their region.

(3) A district planning authority shall not prepare a local plan for a part of their district before a structure plan has been approved in relation to that part unless they have first applied for and obtained the consent of their regional planning authority to that effect, and such consent may be withheld or withdrawn where a structure plan is in course of preparation or any decision is likely to be taken shortly by any authority and that plan or decision is likely to have a substantial effect on the contents of the local plan, but otherwise such consent shall not be unreasonably withheld [F241 or withdrawn].

(4) Consent under subsection (3)

above shall be deemed to have been given unless that consent has been refused within 3 months of the application for consent.

(5) Any question as to whether consent under subsection (3)

above has been unreasonably withheld [F242 or withdrawn] may be referred by the district planning authority to the Secretary of State, whose decision in the matter shall be final.

(6) Subject to any directions which the Secretary of State may give, a general planning authority may prepare a local plan for a part of their district before a structure plan has taken effect in relation to that part.

Textual Amendments

F241 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 23(a)

F242 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 23(b)

177 Reserve powers of regional planning authorities regarding local plans. S

(1) A regional planning authority may assume the functions of a district planning authority within their district in relation to the preparation and making of a local plan if in their opinion—

(a) a local plan is urgently required to implement the provisions of an approved structure plan and the district planning authority concerned have failed to adopt an appropriate local plan; or

(b) the district of more than one district planning authority is likely to be affected by the local plan in question; or

(c) the local plan does not conform to a structure plan approved by the Secretary of State; or

(d) the implementation of the local plan will render unlikely the implementation of any other local plan relating to their district.

This subsection applies to the alteration, repeal or replacement of a local plan as it applies to the preparation and making of a local plan.

(2) Where under subsection (1)

above a regional planning authority assume the functions of a district planning authority, the provisions of the Act of 1972 and of any instruments made thereunder in relation to local plans shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.

(3) Where a regional planning authority proposes to assume functions under subsection (1) above, the district planning authority concerned may appeal to the Secretary of State against the proposal and the decision of the Secretary of State in the matter shall be final.

(4) The Secretary of State may determine matters arising under section 176(5) of this Act or under subsection (3) above on the basis of written submissions submitted to him by the authority concerned within such period as he may stipulate, and of such consultations with those authorities, whether together or separately, as he thinks fit, and the Secretary of State shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.

178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F243 S

Textual Amendments

F243 S. 178 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Development control S

[F244 179 Reference of applications to regional planning authority. S

(1) A regional planning authority may, in the circumstances specified in subsection (2) below but subject to any regulations made under subsection (7) below, or to any such development order as is referred to in the said subsection (7), give to any district planning authority within the district of the regional planning authority directions requiring any such application as is mentioned in section 23(2) of the Act of 1972 to be referred to them instead of being dealt with by the district planning authority.

(2) The circumstances referred to in subsection (1)

above are both that the application concerned is not subject to a direction given by the Secretary of State under section 32 of the Act of 1972 and that—

(a) the proposed development does not conform to a structure plan approved by the Secretary of State; or

(b) the proposed development raises a major planning issue of general significance to the district of the regional planning authority.

(3) Subject to subsection (4)

below, any application in respect of which directions under subsection (1) above have been given shall be referred to the regional planning authority accordingly.

(4) A district planning authority may, subject to any regulations made under subsection (7) below, or to any such development order as is referred to in the said subsection (7), appeal to the Secretary of State against any directions given under subsection (1) above to them; and the Secretary of State (whose decision shall be final) may, under section 177(4) of this Act, determine the appeal as if it were a matter arising under section 176(5) of this Act.

(5) Where an application is referred to a regional planning authority under this section, sections 21(2)(b), 23(1)(f) and (h), 24(2B), (2C), (2D) and (4), 26, 27(1), 27A, [F245 28A,] 33, 35, 54(3) and (subject to subsection (6) below) 34 of the Act of 1972 shall apply, with any necessary modifications, as if the application had been made to the regional planning authority:

Provided that, in the proviso to the said section 27(1) as so applied, the words “another planning authority” shall be construed as meaning a regional planning authority, a general planning authority and any district planning authority outwith the district of the regional planning authority to which the application has been referred.

(6) In the application of the said section 34 provided for in subsection (5)

above, for the reference in that section to such period as may be prescribed by the development order there shall be substituted a reference to a period of 3 months, or such other period as a development order may prescribe, from the date when the application is referred to a regional planning authority.

(7) The Secretary of State may by regulations made under this subsection, or may in a development order, prescribe the time limits within which—

(a) a regional planning authority may exercise their powers under subsection (1) above;

(b) a district planning authority may appeal under subsection (4) above; or

(c) a district planning authority shall forward to the regional planning authority a copy of any application (together with copies of all the certificates, plans, and other supporting documents relating thereto) required by the latter authority by virtue of subsection (1) above.]

Textual Amendments

F244 S. 179 substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 24

F245 “28A” inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 53, Sch. 11 Pt. II para. 61

Modifications etc. (not altering text)

C160 S. 179 extended (18.2.1993 for specified purposes and otherwise 1.5.1993) by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 56F(1) (as inserted (18.2.1993 for specified purposes and otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), ss. 35, 38(1)(9); S.I. 1993/273, arts. 3, 5(1))

C161 S. 179 extended (18.2.1993 for specified purposes and otherwise 1.5.1993) by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 56K(10) (as inserted (18.2.1993 for specified purposes and otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), ss. 35, 38(1)(9); S.I. 1993/273, arts. 3, 5(1))

C162 S. 179(6) modified by S.I. 1988/1221, reg. 30(1)(b)

180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F246 S

Textual Amendments

F246 S. 180 repealed by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(8)

181 Powers of regional planning authorities regarding orders, under section 42 or 49 of Act of 1972. S

(1) Where a district planning authority propose to make an order under section 42 or 49 of the Act of 1972 (revocation etc. of planning permission and discontinuance of use, or alteration or removal of buildings or works), they shall give notice of the proposals to their regional planning authority who may make representations or objections as respects the proposed order to the Secretary of State.

(2) Where, after consultation with the district planning authority concerned, a regional planning authority are of the opinion that a structure plan approved by the Secretary of State would be materially prejudiced if such an order as aforesaid were not made, they may themselves make such an order, and in relation to that order the provisions of the said section 42 or 49 [F247 and of section 153 or 159 of the Act of 1972 (compensation in respect of orders under section 42 or 49) shall, as the case may be and with any necessary modifications, apply to the regional planning authority in relation to such an order made by the regional planning authority as they would apply to the district planning authority in relation to such an order made by the district planning authority.]

Textual Amendments

F247 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 25

Miscellaneous S

F248 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F248 S. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

182 Miscellaneous planning functions. S

(1) The functions of local authorities under [F445 the M343 Ancient Monuments and Archaeological Areas Act 1979] shall be district planning functions, and the references in those Acts to a borough or to a district or the council thereof shall be construed accordingly.

[F446 (2) Subject to section 24(8)

of the M344 Caravan Sites and Control of Development Act 1960, the functions of local authorities under Part I of that Act shall be functions of islands and district councils.]

(3) The functions of planning authorities under [F447 section 262A of the M345 Town and Country Planning (Scotland) Act 1972] shall be district planning functions.

Textual Amendments

F445 Words substituted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46), Sch. 4 para. 14

F446 S. 182(2) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 13(2)

F447 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M343 1979 c. 46.

M344 1960 c. 62.

M345 1972 c. 52.

183 Directions relating to specialist advice. S

(1) The Secretary of State may from time to time direct a general or district planning authority to submit to him for his approval within a period specified in the direction the arrangements which the authority propose to make to obtain specialist advice in connection with their functions—

(a) under sections 53, 54, 56, 92 or 95 of, or Schedule 10 to, the Act of 1972 (listed buildings);

[F249 (b) under sections 262 and 262A of that Act (designation of, and control of demolition in, conservation areas)].

(2) If the Secretary of State is not satisfied about any arrangements mentioned in subsection (1) above, he may, after consultation with the general or district planning authority and any other authority concerned,—

(a) direct the general or district planning authority and another planning authority specified in the direction to enter into an agreement under section 65 of this Act for the placing at the disposal of the former, for the purpose of giving them any such specialist advice as is mentioned in that subsection, of the services of officers employed by the latter who are qualified to give such advice; or

(b) direct the general or district planning authority and another planning authority so specified to enter into arrangements for the discharge by the latter of any of the functions mentioned in that subsection and also direct that the arrangements shall contain terms so specified or terms on lines laid down by him.

Textual Amendments

F249 S. 183(1)(b) substituted for s. 183(1)(b)(c) by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 51

184 Amendment of enactments relating to planning etc S

The enactments mentioned in Schedule 23 to this Act being enactments relating to planning, new towns and kindred matters, shall have effect subject to the amendments set out in that Schedule.

Modifications etc. (not altering text)

C163 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Part X S Licensing, etc.

185, 186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F250 S

Textual Amendments

F250 Ss. 185, 186 repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8

Betting, Gaming and Lotteries S

187 Authorities for purposes of betting, gaming and lotteries, etc. S

The provisions of the M114 Betting, Gaming and Lotteries Act 1963 and of the M115 Gaming Act 1968 relating to the authorities for the purposes of permits, licences and registration under those Acts shall have effect subject to the modifications and amendments set out in Part II of Schedule 24 to this Act.

Marginal Citations

M114 1963 c. 2.

M115 1968 c. 65.

Miscellaneous licensing, registration and related matters S

188 Miscellaneous licensing, registration and related matters. S

(1) The local authority for the purposes of the M116 War Charities Act 1940 (registration authority for war charities) and the M117 Poisons Act 1972 (local authority’s list of persons entitled to sell poisons) shall be a regional or islands council.

(2) The local authority for the purposes of the M118 Vehicle and Driving Licences Act 1969 shall be a regional, islands or district council.

(3) For the purposes of the following enactments the local authority shall be an islands or district council—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F251

(b) The M119 Performing Animals (Regulation) Act 1925;

(c) The M120 Theatrical Employers Registration Act 1925;

(d) The M121 Methylated Spirits (Sale by Retail) (Scotland) Act 1937;

(e) The M122 House to House Collections Act 1939;

(f) The M123 Pet Animals Act 1951;

(g) The M124 Hypnotism Act 1952;

(h) The M125 Animal Boarding Establishments Act 1963;

(i) The M126 Riding Establishments Act 1964;

(j) section 44(1) of the M127 Local Government (Scotland) Act 1966 (game licences);

(k) The M128 Sale of Venison (Scotland) Act 1968;

(l) The M129 Theatres Act 1968.

(4) In consequence of the foregoing provisions of this section the enactments mentioned therein shall have effect subject to the modifications and amendments set out in Part III of Schedule 24 to this Act.

Textual Amendments

F251 S. 188(3)(a) repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3

Marginal Citations

M116 1940 c. 31.

M117 1972 c. 66.

M118 1969 c. 27.

M119 1925 c. 38.

M120 1925 c. 50.

M121 1937 c. 48.

M122 1939 c. 44.

M123 1951 c. 35.

M124 1952 c. 46.

M125 1963 c. 43.

M126 1964 c. 70.

M127 1966 c. 51.

M128 1968 c. 38.

M129 1968 c. 54.

Part XI S General Provisions as to Local Authorities

Legal Proceedings, Notices, etc. S

189 Legal proceedings. S

(1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment.

(2) Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.

Modifications etc. (not altering text)

C164 S. 189 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C165 S. 189 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

190 Service of legal proceedings, notices, etc., on local authorities. S

Any legal proceedings against a local authority shall be deemed to have been duly served on the authority if served on the proper officer of the authority, and any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be sent, delivered or served to or upon a local authority or to or upon the proper officer or chairman of a local authority, shall be addressed to the local authority or to the proper officer or chairman as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.

Modifications etc. (not altering text)

C166 S. 190 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

191 Claims in sequestrations and liquidations. S

The proper officer of a local authority or any other officer authorised by the authority for the purpose may sign on behalf of the authority any claim in any sequestration, liquidation or other such proceedings in which the authority are entitled to make a claim, and may act on behalf of the authority in connection with that claim in all respects.

Modifications etc. (not altering text)

C167 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C168 S. 191 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

192 Service of notices, etc., by local authority. S

(1) Any documents to which this section applies may be served—

(a) by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:

Provided that in the case of a person employed on any ship or vessel it shall be delivered to some person on board thereof and connected therewith; or

(b) in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or

(c) where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or

(d) where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him—

(i) by name, if his name is known; or

(ii) if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates;

and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.

(2) Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.

(3) Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.

(4) Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.

(5) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding [F252 level 1 on the standard scale].

(6) This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.

Textual Amendments

F252 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C169 S. 192 extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 137

S. 192 extended (with modifications) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 83(1), Sch. 6 para. 3

C170 S. 192 applied (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s. 47

Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 192 applied (1.4.2002) by Water (Scotland) Act 1980 (c. 45), s. 23(1ZA) (as inserted by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(1), 72, Sch. 6 para. 18(3) (with s. 67); S.S.I. 2002/118, art. 2(3))

S. 192 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

C171 S. 192(1)-(4) applied (with modifications) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), ss. 37(2), 59; S.S.I. 2004/404, art. 2(1) (with arts. 3, 4)

193 Authentication of documents. S

(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated.

(2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.

(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

Modifications etc. (not altering text)

C172 S. 193 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47

Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C173 S. 193 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

F253 194 Execution of deeds by local authority and use of seal. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council:

Provided that a person entering into any transaction with any such council shall not be bound to inquire whether authority to affix the seal has been given in accordance with the provisions of this subsection, and all deeds executed by such a council if otherwise valid shall have full force and effect notwithstanding that such authority may not have been given.

Textual Amendments

F253 S. 194 (except s. 194(2)) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

Modifications etc. (not altering text)

C174 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

195 Public notices. S

Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a) by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and

(b) by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and

(c) in such other manner, if any, as appears to the authority to be desirable for giving publicity to the notice.

Modifications etc. (not altering text)

C175 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 195 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

C176 S. 195 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

196 Misnomers, etc., not to affect validity of notices, etc. S

No misnomer or inaccurate description of any person or place, omission, mistake or informality in any notice or other document under or for the purposes of this Act shall affect the full operation of the notice or other document if the person or place mentioned is so designated as to be commonly understood, and such omission, mistake or informality is not such as to defeat the object of the notice or other document or cause substantial injustice to any person affected thereby.

Modifications etc. (not altering text)

C177 S. 196 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47

Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

197 Inspection and deposit of documents. S

F254 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed.

(3) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour.

(4) If a person having the custody of any such document—

(a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,

(b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding [F255 level 1 on the standard scale].

(5) A local authority may remit any fee chargeable under this section.

Textual Amendments

F254 S. 197(1) repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3

F255 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C178 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C179 S. 197 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

198 Photographic copies of documents. S

(1) Subject to subsection (3) below, any requirement imposed by any enactment that a local authority shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2) Subject to subsection (3) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

Modifications etc. (not altering text)

C180 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C181 S. 198 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

199 Reports and returns. S

Every local authority and every joint committee or joint board shall, within such period as the appropriate Minister may require, make to that Minister such reports and returns and give him such information with respect to their functions as the Minister may require, or as may be required by either House of Parliament.

Modifications etc. (not altering text)

C182 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C183 S. 199 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

200 Records. S

(1) Where records of an existing local authority relate exclusively to property vested in or functions transferred to a new local authority the records shall vest in that new local authority.

(2) Records of parochial boards and parish councils held by an existing local authority shall vest in the regional or islands council which succeeds that authority.

(3) All other records held by a county council shall vest in the regional or islands council which succeeds the county council, and all such records held by any other existing local authority shall vest in the islands or district council which succeeds that authority.

(4) Where the area of an existing local authority is divided among two or more new local authorities, the records shall, subject to the foregoing provisions of this section, vest in the new local authority whose area includes, according to the latest census (not being a sample census), the greater part of the population of the existing local authority.

(5) Where records relating to property or functions vested in or transferred to a local authority have vested in another local authority that other local authority shall make the records available for consultation by the former authority.

(6) Any dispute as to the vesting of records shall be referred to and determined by the Secretary of State, whose decision in the matter shall be final.

(7) A local authority shall make proper arrangements with respect to any records which belong to or are in the custody of the authority or any of their officers, and may dispose of records which they do not consider worthy of preservation.

(8) A local authority may transmit any of their records to the Keeper of the Records of Scotland for safe custody, and accordingly in section 5(2) of the M130 Public Records (Scotland) Act 1937 (transfer of records to Keeper), for the words from “the town” to “any other” there shall be substituted the word “any”.

(9) A regional council may deposit any of their records with a district council within their region, and a district council may deposit any of their records with the regional council within whose region their area is situate or with any other district council within the same region.

(10) A local authority may permit persons, with or without charge, and subject to such conditions as the authority may determine, to inspect their records and to make or obtain copies thereof.

(11) In this section—

(a) “records” includes charters, deeds, minutes, accounts and other documents, and any other records of whatever form which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland; and

(b) “local authority” includes a joint board, joint committee, river purification board and a water board.

Modifications etc. (not altering text)

C184 S. 200(7)(8)(10)(11) applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C185 S. 200(7)–(10) extended by District Courts (Scotland) Act 1975 (c. 20), s. 20(5)

Marginal Citations

M130 1937 c. 43.

Byelaws S

F256 201 Byelaws for good rule and government. S

(1) A local authority may make byelaws for the good rule and government of the whole or any part of the region, islands area or district, as the case may be, and for the prevention and suppression of nuisances therein.

(2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

Textual Amendments

F256 S. 201 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para.15 (with ss. 42, 46)

Modifications etc. (not altering text)

C186 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

C187 S. 201(1) extended by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3)

C188 S. 201(3) excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3)

202 Procedure, etc., for byelaws. S

(1) [F257 Subject to subsection (1A) below] the following provisions of this section shall apply to byelaws to be made by a local authority—

(a) under this Act,

(b) under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or

(c) under any enactment which incorporates or applies any of the following enactments—

(i) section 57 of the M131 Local Government (Scotland) Act 1889;

[F258 (ii) the M132 Civic Government (Scotland) Act 1982;]

(iii) sections 183 to 187 of the M133 Public Health (Scotland) Act 1897;

(iv) sections 301 to 303 of the 1947 Act.

[F259 (1A) This section shall not apply to byelaws made under section [F260 70 or 71] of the M134 Water (Scotland) Act [F261 1980] or section 63(7) of the M135 Countryside (Scotland) Act 1967.]

(2) Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.

(3) The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.

(4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.

(6) The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7) Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.

(8) Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.

(9) Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the [F262 M136 Civic Government (Scotland) Act 1982] shall be held by the sheriff.

(10) The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

(11) The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(12) A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.

(13) The proper officer of a district council shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council of the region to which it applies; and the proper officer of a regional council shall send a copy of every byelaw made by that council, and confirmed, to the proper officer of the council of any district to which it applies.

(14) The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.

(15) In this section “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State:

Provided that, notwithstanding that a local Act specifies otherwise, the confirming authority in relation to byelaws made under any local Act shall be the Secretary of State.

Textual Amendments

F257 Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 53(a)

F258 S. 202(1)(c)(ii) substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(a)

F259 S. 202(1A) added by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 53(b)

F260 Words substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F261 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F262 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(b)

Modifications etc. (not altering text)

C189 S. 202 modified by S.I. 1984/918, reg. 2

C190 S. 202 applied (with modifications) (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)

Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

C191 S. 202(4)(5)(6)(7)(8)(10)(12) applied (with modifications) (18.11.1990) by S.I. 1991/43, art. 8(1)(2).

S. 202(4)-(8)(10)(12) applied (with modifications) (25.2.1991) by S.I. 1991/1082, art. 9(1)(2).

S. 202(4)-(8)(10)(12) applied (with modifications) (5.11.1991) by S.I. 1991/2513, art. 15(1)(2).

S. 202(4)-(8)(10)(12) applied (with modifications) (9.7.1992) by S.I. 1992/1975, art.8.

S. 202(4)-(8)(10)-(12) applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3).

S. 202(4)-(8)(10)(12) applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1)

C192 S. 202(13) excluded by Civil Aviation Act 1982 (c. 16), s. 32(4)

C193 S. 202(13) excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8)

Marginal Citations

M131 1889 c. 50.

M132 1982 c. 45.

M133 1897 c. 38.

M134 1980 c. 45.

M135 1967 c. 86.

M136 1982 c. 45.

[F263 202A Review of byelaws. S

A local authority shall, not later than 10 years from whichever is the later of the following times—

(a) the coming into force of a byelaw which they have the power to revoke or amend;

(b) the coming into force of this section;

review that byelaw and do so thereafter at intervals of not more than 10 years.]

Textual Amendments

F263 Ss. 202A—202C inserted (1.7.1984) by Civic Government (Scotland) Act 1982 (c. 45), ss. 110(3), 137(2)

Modifications etc. (not altering text)

C194 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2

Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2

C195 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C196 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

202B Register of byelaws. S

(1) A local authority shall, in accordance with this section, keep a register of all byelaws which they have power to revoke or amend.

(2) The register kept under subsection (1)

above shall contain—

(a) a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws;

(b) the date or dates when the byelaws and any amendments to them were confirmed;

(c) the date or dates when the byelaws and any amendments to them came or come into operation; and

(d) the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act.

(3) The register kept under subsection (1)

above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it.

(4) No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above.

(5) The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.

Modifications etc. (not altering text)

C197 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C198 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2

Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2

C199 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

202C Revocation of byelaws by resolution. S

(1) Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them.

(2) At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply.

(3) The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above.

(4) Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them.

(5) It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw.

(6) It shall not be competent under this section to revoke any byelaw or any part of any byelaw if the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.

Modifications etc. (not altering text)

C200 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C201 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2, para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2

Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2

C202 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

S. 202C applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

203 Offences against byelaws. S

Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of [F264 level 2 on the standard scale], and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.

Textual Amendments

F264 “level 2 on the standard scale” substituted for “£20”, except in relation to s. 203 as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(2)(3) (as inserted by Criminal Law Act 1977 (c. 45), Sch. 11 para. 5) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) and by 1995 c. 40, ss. 3(1), 7(2), Sch. 1 paras. 3(2), 12(2) it is provided that s. 203 shall have effect as if for any reference to £20 there shall be substituted a reference to £50 except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority

Modifications etc. (not altering text)

C203 S. 203 excluded by Civil Aviation Act 1982 (c. 16), s. 32(4)

C204 S. 203 excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8)

C205 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2

Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2

C206 S. 203 applied (with modifications) (18. 11. 1990) by S.I. 1991/43, art. 8(1).

S. 203 applied (with modifications) (25. 02. 1991) by S.I. 1991/1082, art. 9(1).

S. 203 applied (with modifications) (05. 11. 1991) by S.I. 1991/2513, art. 15(1).

S. 203 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)

S. 203 applied (with modifications) (9.7.1992) by S.I. 1992/1975, art.8.

S. 203 applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1)

Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1)

S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/202. art. 19(1)

S. 203 applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1)

204 Evidence of byelaws. S

The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a) that the byelaw was made by the authority;

(b) that the copy is a true copy of the byelaw;

(c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

(d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;

shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Modifications etc. (not altering text)

C207 S. 204 modified by S.I. 1984/918, reg. 2

S. 204 applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3).

C208 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2

Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2

C209 S. 204 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)

Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

S. 204 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Miscellaneous provisions S

205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F265 S

Textual Amendments

F265 S. 205 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

206 Admission of honorary freemen. S

(1) An islands or district council may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of the islands area or district persons of distinction and any persons who have rendered eminent service to the islands area or district.

(2) An officer designated for the purpose by the islands or district council shall keep a roll containing the names of persons admitted to be freemen under this section.

207 Limitation of rights of freemen. S

Nothing in this Part of this Act shall—

(a) confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or

(b) confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.

208 Provisions as to Sundays etc. S

(1) Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year’s Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.

(2) Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election:

Provided that where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in this subsection shall affect the validity of any act done in relation to an election before or on the date of the declaration.

Modifications etc. (not altering text)

C210 S. 208 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part XII S Miscellaneous, General and Transitional

Miscellaneous S

209 Removal or relaxation of controls affecting certain local authority functions. S

(1) For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in Schedule 25 to this Act shall have effect subject to the amendments set out in that Schedule.

(2) Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

(3) An order made under this section may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

(4) A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

(5) In this section “local authority” includes a Passenger Transport Executive.

210 Power to direct inquiries. S

(1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act F266 . . ., or where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2) Except as otherwise provided in any enactment, the Minister may appoint an officer of his Department or any other person to conduct the inquiry and to report thereon to him.

(3) The person appointed to hold the inquiry shall cause notice of the time and place of the inquiry to be given to the bodies and persons appearing to him to be interested.

(4) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths:

Provided that—

(a) no person shall be required, in obedience to such a notice, to attend to give evidence or to produce any such books or other documents, unless the necessary expenses of his attendance are paid or tendered to him; and

(b) nothing in this subsection shall empower the person holding the inquiry to require any person to produce any book or document or to answer any question which he would be entitled on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(5) Any person who refuses or wilfully neglects to attend in obedience to a notice under this section to give evidence or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section shall be liable on summary conviction to a fine not exceeding [F267 level 1 on the standard scale] or to imprisonment for a term not exceeding three months, or to both.

(6) The Minister causing the inquiry to be held may, if he thinks fit, pay such expenses of witnesses and such expenses of or concerning the production of any books or other documents as to him seems reasonable, and such expenses shall be deemed to be part of the expenses of the inquiry.

[F268 (7) The Minister may make orders as to the expenses incurred—

(a) by the Minister in relation to—

(i) the inquiry;

(ii) arrangements made for an inquiry which does not take place; and

(b) by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

(7A) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(7B) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.]

[F269 (8) Where the Minister has made an order under subsection (7) of this section requiring any party to pay expenses to him he shall certify the amount of the expenses, and any amount so certified shall be a debt due by that party to the Crown and shall be recoverable accordingly.]

(9) This section shall not apply in the case of a local inquiry held under any enactment where the enactment contains provisions with regard to such inquiries.

Textual Amendments

F266 Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F267 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F268 S. 210(7)(7A)(7B) substituted for s. 210(7)(8) by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 53, Sch. 11 Pt. II para. 39(1)

F269 S. 210(8) inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 57(2), Sch. 11 Pt. II para. 39(2)

Modifications etc. (not altering text)

C211 S. 210 applied (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VI, s. 45(3), Pt. VIII s.70

S. 210 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 210 applied (with modifications) (1.2.2000) by S.I. 1999/3445, reg. 9(5)

C212 S. 210(2)(4)-(8) applied (with modifications) (2.8.2004) by The Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769), reg. 17(2)(b)

C213 S. 210(2)–(9) excluded by Water (Scotland) Act 1980 (c. 45), s. 99(2)

C214 S. 210(2)-(8) applied (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 108), ss. 160(4)(5), 161(6), Sch. 7 para. 4(3) (with ss. 25(2), 167(4)(5)); S.I. 1992/2990, art. 2(2), Sch. 2

S. 210(2)-(8) applied (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), ss. 15(7), 20(11), Sch. 5 para. 6, Sch. 8, para. 2(7); S.I. 1991/2187, art. 3, Sch.

S. 210(2)-(8) applied (27.8.1993) by 1993 c. 11, ss. 59(3), 68(2)

S. 210(2)-(8) applied (27.8.1993) by 1993 c. 12, ss. 24(3)(b), 51(2) (with ss. 42, 46)

S. 210(2)-(8) applied (5.1.1994) by 1993 c. 44, ss. 38(7), 64(2), Sch. 4 Pt. I para.6 (with s. 30(5))

S. 210(2)-(8) applied (18.11.1996) by 1996 c. 58, ss. 8(6), 48(6), Sch. 2 Pt. III para. 11 (with s. 41, 43(1))

S. 210(2)-(8) applied (1.4.1996) by 1995 c. 25, s. 53(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 210(2)-(8) applied (1.4.1996) by 1990 c. 43, Sch. 1 paras. 8-10 (as inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 93(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3)

S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 28(2) (with s. 32); S.S.I. 2000/312, art. 2

S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 5(2) (with s. 32); S.S.I. 2000/312, art. 2

S. 210(2)-(8) applied (1.10.2001) by 2001 asp 8, s. 65(5); S.S.I. 2001/304, art. 2(1)(a)

S. 210(2)-(8) applied (4.2.2002) by The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (S.S.I. 2002/6), regs. 3, 15(13)

S. 210(2)-(8) applied (1.10.2005) by Energy Act 2004 (c. 20), ss. 95, 198(2), Sch. 16 para. 6(9)(b) (with s. 38(2)); S.I. 2005/877,{art. 2(2)}, Sch. 2

S. 210(2)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 17(3) (with reg. 50)

S. 210(2)-(8) applied (with modifications) (1.1.2007) by The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 (S.I. 2006/582), reg. 17(13)

C215 S. 210(2)-(6) applied (with modifications) (1.10.2001) by 2001 asp 8, s. 65(6); S.S.I. 2001/304 art. 2a

C216 S. 210(2)(4)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(3), 30(4); S.S.I. 2007/516, art. 2)

C217 S. 210(2)(4)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(6) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2)

C218 S. 210(2)-(8) applied (1.10.2010 for certain purposes, otherwise prosp.) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 98(4)(5), 134(7); S.S.I. 2010/321, art. 3, Sch.

C219 S. 210(2)-(6) applied (with modification) by 1978 c. 29, s. 10Z12(3)(4) (as inserted (1.10.2010 for certain purposes, otherwise prosp.) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134; S.S.I. 2010/321, art. 3, Sch.)

C220 S. 210(2)-(8) applied (prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 70(4), 324 (with ss. 76-81, 111)

C222 S. 210(3)-(5) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(6)

C223 S. 210(3)-(8) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 114(4), Sch. 20 para. 5(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 210(3)-(8) applied (with modifications) (28.9.2000) by S.S.I. 2000/323 reg. 22(13), Sch. 8 para. 4(10)

S. 210(3)-(8) applied (1.4.2001) by 2001 asp 2, s. 52(6) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I

S. 210(3)-(8) applied (with modifications) (31.3.2003) by The The Greenhouse Gas Emissions Trading Scheme Regulations 2003 (S.I. 2003/3311), reg. 28, Sch. 3 para. 4(6)

S. 210(3)-(8) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(9)

S. 210(3)-(8) applied (with modifications) (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), reg. 34(3), Sch. 3 para. 4(6) (with reg. 3)

S. 210(3)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 49, Sch. 9 para. 19 (with reg. 50)

C224 S. 210(3)-(8) applied (with modifications) (17.9.2009) by The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 (S.I. 2009/2301), regs. 1, 37(3), Sch. 3 para. 4(6)

C225 S. 210(3)-(8) applied (with modifications) (31.12.2009) by The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 (S.I. 2009/3130), regs. 1, 7(4), Sch. 1 para. 3(11)

C226 S. 210(4)-(8) applied (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 25, 59, Sch. 2 para. 11; S.S.I. 2004/495, art. 2

C227 S. 210(4)(5): power to apply conferred (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1967 c. 77, s. 30(4) (as substituted (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1994 c. 29, s. 55(1); S.I. 1994/3075, art. 2, Sch.; S.I. 1996/1646, art. 2, Sch. (with art. 3))

S. 210(4)(5) applied (19.11.1998) by 1998 c. 46, s. 1(5), Sch. 1 para. 6(5) (with s. 126(3)-(11))

S. 210(4)(5): power to apply (with modifications) conferred (27.7.2001) by 1993 c. 9, s. 20(4A) (as inserted by 2001 asp 7, ss. 4, 5(1)(c) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3)

S. 210(4)(5) applied (with modifications) (8.10.2001) by S.S.I. 2001/315, rule 24

S. 210(4)(5): power to apply (with modifications) conferred by Ministry of Defence Police Act 1987 (c. 4), s. 4A(4) (as inserted (9.3.2004) by Police Reform Act 2002 (c. 30) {ss. 79(2)}, 108(2)-(5)); S.I. 2004/636, art. 2

S. 210(4)(5) modified (1.4.2004) by Ministry of Defence Police Appeal Tribunals Regulations 2004 (S.I. 2004/652), reg. 11

S. 210(4)(5) applied by Scotland Act 1998 (c. 46), Sch. 1 para. 11 (as substituted (22.7.2004 with effect as mentioned in s. 1(4) of the amending Act) by Scottish Parliament (Constituencies) Act 2004, s. 1(1), {Sch. 1})

C228 S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), reg. 107(2)

C229 S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), regs. 22(3), Sch. 1 para. 4(3)

C230 S. 210(6)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(4), 30(4); S.S.I. 2007/516, art. 2

C231 S. 210(6)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(7) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2)

C232 S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008 (S.S.I. 2008/199), art. 8(9)

C233 S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008 (S.S.I. 2008/200), art. 7(9)

C234 S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 95(5), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

C235 S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 113(10), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

[F270 210A Recovery of expenses of local inquiry. S

(1) The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover expenses incurred by him in relation to an inquiry— section 129(1)(d) of the M137 Road Traffic Regulation Act 1984 (expenses of inquiry under that Act), any other statutory provision to which this section is applied by order of the Minister.

(2) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(3) The expense of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the expense of an inquiry which does take place.

(4) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(5) An order or regulation under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.]

Textual Amendments

F270 S. 210A inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(4)

Marginal Citations

M137 1984 c. 27(107:1).

211 Provision for default of local authority. S

(1) If a complaint is made to the Secretary of State or any appropriate Minister that a local authority have failed to do what is required of them by or under this Act or any other enactment or the Secretary of State or that Minister is of opinion that an investigation should be made as to whether a local authority have so failed, he may cause a local inquiry to be held into the matter.

(2) If after such a local inquiry the Secretary of State or appropriate Minister is satisfied that there has been such a failure on the part of the authority in question, he may make an order declaring the authority to be in default and directing them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

[F271 (2A) If the Secretary of State or appropriate Minister—

(a) is about to make an order under subsection (2) above; and

(b) is satisfied that the failure to which the order relates has continued or recurred,

he may, in that order and without any local inquiry, declare the authority to be in default in respect of the continuance or recurrence of the failure and direct them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

(2B) The Secretary of State or appropriate Minister may, in an order under subsection (2) above, notify the local authority that any continuance or recurrence of the failure in respect of which the authority have been declared to be in default happening after the date of the order may be made the subject of an application to the Court of Session under subsection (3A) below.]

(3) If the authority declared to be in default by such an order fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.

[F272 (3A) If—

(a) a local authority have been notified under subsection (2B) above; and

(b) there has been any such continuance or recurrence as is mentioned in that subsection of the failure to which the notification relates,

the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been such continuance or recurrence of the failure and do otherwise as to the court appears to be just.]

(4) Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.

Textual Amendments

F271 S. 211(2A)(2B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(2))

F272 S. 211(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(3)

Modifications etc. (not altering text)

C236 S. 211 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 78(4), 335

C237 S. 211 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

212 Limitation of liability of certain owners. S

Where a local authority claim to recover any sum in respect of rates or otherwise under or in pursuance of any provision of this Act from a person as being the owner of premises and that person proves that he—

(a) is receiving the rent merely as trustee, tutor, curator, factor or agent for some other person; and

(b) has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability should be limited to the total amount of the money which he has or has had in his hands as aforesaid.

213 Tweed Fisheries Commissioners. U.K.

F273 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X2 (3) The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.

Editorial Information

X2 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 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

Textual Amendments

F273 S. 213(1)–(2) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

General S

214 Consequential and minor modifications and amendments. S

(1) As from 16th May 1975 Part I of Schedule 27 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.

(2) As from that date the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in the said Part II, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.

215 Consequential and supplementary provisions. S

(1) The Secretary of State or any appropriate Minister may at any time, whether before or after 16th May 1975, by order make such incidental, consequential, transitional or supplementary provisions as may appear to him—

(a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may in particular make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in that order shall be inconsistent with any provision of this Act.

(3) Subject to subsection (5)

below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions, that is to say—

• any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,

• any notice or direction given or treated as given by or to such an authority,

• any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,

• any application, proposal or objection made or treated as made by or to such an authority,

• any condition or requirement imposed or treated as imposed by or on such an authority, or

• any appeal allowed by or in favour of or against such an authority,

shall, as from 16th May 1975, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.

(4) If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.

(5) Subsection (3)

above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.

(6) Section 25 of this Act shall apply for the purposes of Part I and of this Part of this Act as if any reference to an order under Part II of this Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under the said Part I or this Part of this Act, but any agreement made by virtue of this subsection may only be made by new local authorities and after 16th May 1975.

(7) In this section, “existing local authority” includes a joint committee, joint board and water board.

(8) Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C238 S. 215 extended by Value Added Tax Act 1983 (c. 55), Sch. 10 para. 7

216 Transfer of officers. S

(1) An order or regulations under section 24, or an order under section 215, of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F274

(3) Any such order or regulations as is or are referred to in subsection (1) . . . F275 above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—

(a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and

(b) the said new terms and conditions are such that—

(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii) the other terms and conditions of his employment,

are not less favourable than those which he enjoyed immediately before the date of transfer.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F274

Textual Amendments

F274 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F275 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

217 Continuity of employment in cases of voluntary transfer. S

(1) This section applies to a person if—

(a) at some time before 16th May 1975, or on that date but otherwise than by virtue of provision made by an order under section 216 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and

(b) had he continued until 16th May 1975 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of Part I of this Act, provision would have been made by an order under section 216(2) of this Act for his transfer on that date to the employment of a specified local authority.

(2) Where this section applies to a person, then for the purposes of [F276 paragraph 10 of Part II of Schedule 1 to the M138 Trade Union and Labour Relations Act 1974] (qualifying period for protection from unfair dismissal) and [F277 section 49 of the M139 Employment Protection (Consolidation) Act 1978] (minimum periods of notice)—

(a) the period of employment in his previous employment shall count as a period of employment in his new employment, and

(b) the change of employment shall not break the continuity of the period of employment.

Textual Amendments

F276 Words substituted by virtue of Trade Union and Labour Relations Act (c. 52), Sch. 4 para. 7

F277 Words substituted by virtue of Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 15 para. 4

Marginal Citations

M138 1974 c. 52.

M139 1978 c. 44.

218—221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F278 S

Textual Amendments

F278 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

222 Transfer of property. S

(1) The Secretary of State shall by order provide that all property vested on 15th May 1975 in one or more existing relevant authorities, other than property which is subject to the provisions of section 128 or 223 of this Act or property mentioned in subsection (2) below, shall on 16th May 1975 be transferred to and vest in such new relevant authority as may be specified in or determined under the order.

(2) The Secretary of State shall by order provide that all property held as part of the common good by an existing local authority on 15th May 1975 shall on 16th May 1975 be transferred to and vest in such islands or district council as may be specified in or determined under the order, and those councils, other than the district councils of Aberdeen, Dundee, Edinburgh and Glasgow, shall, in administering that property, have regard to the interests of the inhabitants of the area to which the common good formerly related.

(3) The district councils of Aberdeen, Dundee, Edinburgh and Glasgow shall, in administering the property transferred to them by virtue of subsection (2) above, have regard to the interests of all the inhabitants of their districts.

(4) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C239 S. 222(2) excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)

223 Property held on trust. S

(1) All property held on trust immediately before 16th May 1975 by

(a) an existing local authority, or

(b) a councillor and a specified officer of an existing local authority,

shall on that day be transferred to and vest (subject to the same trust) in the appropriate islands or district council.

(2) The council in whom property is vested by virtue of subsection (1)

above shall nominate a sufficient number of their councillors to act as trustees of that property and in so doing shall have regard to the terms of the trust deed; and where the property is held immediately before 16th May 1975 by the persons mentioned in subsection (1)(b) above, the council shall nominate the proper officer as one of the trustees.

(3) All property held on trust immediately before 16th May 1975 by a specified officer of an existing local authority shall on that day be transferred to and vest (subject to the same trust) in the proper officer of the appropriate islands or district council.

(4) Where, immediately before 16th May 1975, property is held on trust by the holder of an office, whether as a councillor or a specified officer, connected with an existing local authority or existing local authorities and any other person, the appropriate islands or district council or (where the area to which the trust relates comprises the areas of more than one existing local authority) the appropriate islands or district councils shall, on the application of the trustees, nominate a sufficient number of their councillors to act in place of such holder and in so doing shall have regard to the terms of the trust deed, and, where the terms of the trust deed so require, the said council or councils shall nominate the proper officer as one of the trustees.

(5) In this section “appropriate islands or district council” means, in relation to an existing local authority, the islands or district council whose area comprises the whole or the greater part of the area of the existing local authority, and “appropriate islands or district councils” shall be construed accordingly.

(6) This section shall not apply to property which is subject to section 128 of this Act.

Modifications etc. (not altering text)

C240 S. 223 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)

224 Property commission for Scotland. S

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F279

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F280

(6) In . . . F281 section 222 of this Act—

(a) “property” means any property, heritable or moveable, other than a security or balance in a fund, and all interests, rights and liabilities in or relating to property;

(b) “relevant authority” means a local authority within the meaning of the 1947 Act or this Act, as the context may require, a joint committee, river purification board or water board or an association of local authorities the constituent members of which include any such local authority as aforesaid.

(7) In the foregoing provisions of this Part of this Act “water board” means a regional water board or a water development board, or both, as the context may require.

Textual Amendments

F279 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F280 S. 224(5) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

F281 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

225 Local Acts and instruments. S

(1) Subject to subsections (2)

and (8) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a) notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 16th May 1975 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b) have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2) Subsection (1)

above shall have effect subject to the provisions of—

(a) this Act, other than Part I of Schedule 27;

(b) any Act passed after this Act and before 16th May 1975; and

(c) any order made under section 215 of this Act or the following provisions of this section.

(3) Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 16th May 1975 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

(4) Subsection (3)

above shall not come into force until 16th May 1975 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

(5) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 215 of this Act, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a) extend the provision throughout the new local government area in which it is continued in force;

(b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e) transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 215 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f) with prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.

(6) [F282 Subject to sections 134(2), 135 and 137 of the M140 Civic Government (Scotland) Act 1982 and any order under these sections,] All local statutory provisions to which this subsection applies shall cease to have effect at the end of [F283 1984], but—

(a) the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;

(b) the Secretary of State may from time to time by order postpone the date on which all local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.

(7) An instrument containing an order under subsection (5)

or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Any local statutory provision relating to valuation or the determination, levying, collection or recovery of rates shall cease to have effect:

Provided that this subsection shall not affect the operation of section 19(2) of the M141 Water (Scotland) Act 1949 (domestic water rate payable at reduced rate in certain cases).

(9) This section applies to any local statutory provision in force immediately before 16th May 1975 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following statutory provisions—

(a) a provision of a local Act, the Bill for which was promoted by a local authority;

(b) a provision of an Act confirming a provisional order made on the application of a local authority;

(c) 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.

(10) In subsection (9)

above “local authority” means—

(a) a council of a county, county of city, burgh or district;

(b) any body which immediately after the coming into force of the enactment which constituted the body exercised functions which immediately before 16th May 1975, were exercised by one of the councils referred to in paragraph (a) above;

and “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.

Textual Amendments

F282 Words inserted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1)

F283 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1)

Modifications etc. (not altering text)

C241 S. 225(6) amended by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 29(2) and Civic Government (Scotland) Act 1982 (c. 45), ss. 134, 135

Marginal Citations

M140 1982 c. 45.

M141 1949 c. 31.

226 Existing joint boards. S

(1) Subject to the following provisions of this section, where an existing joint board, every member of which is appointed by a local authority, was constituted by or under any enactment for exercising functions for any area, then, notwithstanding the change of areas and authorities effected by Part I of this Act, the board shall continue to exist on and after 16th May 1975 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).

(2) Subsection (1)

above shall not apply to a joint board constituted for an area which on 16th May 1975 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable; and accordingly in any such case—

(a) the functions of the board shall on 16th May 1975 become functions of that new local authority; and

(b) the joint board shall cease to exist on that date.

(3) The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 215 of this Act.

(4) The following provisions shall have effect for the construction of references to a local statutory provision to which section 225 of this Act applies:—

(a) any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section;

(b) any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 16th May 1975 as comprises the area for which the board acted.

(5) The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

227 Abolition of Dean of Guild Court. S

On 16th May 1975 all dean of guild courts shall cease to exist, and unless otherwise provided, all powers, duties and responsibilities conferred on a dean of guild or a dean of guild court by or under any enactment shall thereafter be exercised by the authority responsible for building control in the area concerned.

228 Abolition of fiars courts for counties, etc. S

(1) The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.

(2) Subject to the provisions of section 12 of the M142 Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.

(3) In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.

(4) Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.

F284 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “the appointed day” means the day appointed under section 238 of this Act for the coming into operation of this section.

Textual Amendments

F284 S. 228(5) repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13, Pt. I (with s. 45(3), Sch. 12 paras. 1-3).

Marginal Citations

M142 1924 c. 27.

F285 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F285 S. 229 repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1, Pt. X Group1

230 Committees of existing local authorities. S

(1) Existing local authorities may establish, or the Secretary of State may require existing local authorities to establish, a committee in each region, islands area or district to consider any matter which it is expedient should be considered before the election of the council of the authority concerned in order to ensure the effective operation of that council on and after 16th May 1975.

(2) A committee established under this section shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.

(3) Any expenses incurred by a committee established under subsection (1)

above shall be defrayed by the local authorities by whom the committee was established in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

231 Application to sheriff in cases of difficulty. S

(1) Where, from failure to observe any of the provisions of this Act or from any other cause, a difficulty arises in carrying into effect any of the provisions of this Act, or where in any case any question arises as to the procedure to be followed, or where any question arises in connection with the election of members of a local authority and no provision is made in this Act for meeting such difficulty or determining such question, it shall be lawful for the local authority or any seven local government electors for the area of the authority or the proper officer of the authority, or in the case of a question relating to an election of members of a local authority for the returning officer at the election, to make application to the sheriff setting forth the circumstances and after such intimation and inquiry as to the sheriff seems proper, the sheriff may give such directions as in his judgment will enable the provisions of this Act to be complied with as nearly as possible or determine the question as the case may be, and may make such order as seems proper to him with reference to the expenses in connection with the application and the persons by whom such expenses are payable.

(2) Subject to any order made by the sheriff, all expenses incurrred in connection with any application under the preceding subsection shall be defrayed as part of the general expenses of the authority.

Modifications etc. (not altering text)

C242 S. 231 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

S. 231 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

232 Provisions regarding applications to court. S

(1) Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff other than the sheriff principal, it shall be competent to appeal to the sheriff principal against the decision of the sheriff within fourteen days after the date thereof, but subject thereto the decision of the sheriff principal or sheriff shall, except where otherwise specifically provided, be final.

(2) Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

(3) Where any application is presented to two or more sheriffs principal under this Act and they are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.

Modifications etc. (not altering text)

C243 S. 232 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

S. 232 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

233 Orders, rules and regulations. S

(1) Any power to make orders, rules or regulations conferred on any Minister by any provision of this Act, other than section 104(1), [F286 210(7)] 211 or 221 shall be exercisable by statutory instrument.

(2) Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.

(3) An order made by a Minister under this Act may contain such incidental, consequential and supplemental provisions as appear to the Minister by whom the order is made to be necessary or proper for bringing the order into operation and giving full effect thereto.

Textual Amendments

F286 “210(7)” inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(3)

234 Expenses. S

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by any Minister under this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

235 General provisions as to interpretation. S

(1) In this Act, except where the context otherwise requires—

• “appropriate Minister”, with respect to any matter, means the Minister in charge of any Government Department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

• “area”, in relation to a local authority, means a region, islands area or a district as the case may be;

• “college council” and “school council” have the meanings assigned to them by section 125 of this Act;

• “education authority”, “educational establishment”, “further education” and “school” have the same meanings as in [F287 the M143 Education (Scotland) Act 1980];

• “education committee” means a committee appointed under section 124 of this Act;

• “electoral area”, in relation to a region or islands area, means an electoral division and, in relation to a district, means a ward, within the meaning of section 5 of this Act;

• “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• “existing”, in relation to any authority, means that authority as they existed immediately before the passing of this Act;

• “financial year” has the meaning assigned to it by section 96(5) of this Act;

• “joint board” means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

• “joint committee” means a body, not being a body corporate, constituted for the purpose of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

• “land” includes land covered with water and any interest right or servitude in or over land;

• “local authority” means a regional, islands or district council;

• “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

• “new”, in relation to any authority, means that authority as established by or under this Act;

• “1947 Act” means the M144 Local Government (Scotland) Act 1947;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “rating authority” has the meaning assigned to it by section 109(1) of this Act;

• “water authority” has the meaning assigned to it by section [F288 109(1) of the M145 Water (Scotland) Act 1980].

(2) Any reference in this Act to a regional, islands or district council includes a reference to any combination of those councils.

(3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.

(4) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

Textual Amendments

F287 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44), Sch. 3 para. 1

F288 Words substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

Modifications etc. (not altering text)

C244 S. 235 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M143 1980 c. 44.

M144 1947 c. 43.

M145 1980 c. 45.

236 Savings. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F289

(2) [F290 Subject to section 74(3) of this Act and to section 20 of the Water (Scotland) Act 1980] Nothing in sections 70 to 78 of this Act shall affect any provision relating to the acquisition by agreement or compulsorily, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the following enactments or any instrument made thereunder—

(a) The Burial Grounds Acts;

(b) The Military Lands Acts 1892 to 1903;

(c) The M146 Cremation Act 1902;

(d) The Housing (Scotland) [F291 Act 1987];

[F292 (e) The Water (Scotland) Act 1980;]

(f) The Education (Scotland) Acts 1939 to 1973;

(g) The M147 Police (Scotland) Act 1967;

(h) Any local Act.

(3) Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of her royal prerogative.

Textual Amendments

F289 S. 236(1) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F290 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 28

F291 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(3)

F292 S. 236(2)(e) substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

Marginal Citations

M146 1902 c. 8.

M147 1967 c. 77.

237 Repeals. S

(1) The enactments specified in Schedule 29 to this Act (which include enactments that were obsolete, spent or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.

(2) Without prejudice to [F293 section 17(2) of the M148 Interpretation Act 1978], where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 215, 216, 219 or 225 of this Act references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

Textual Amendments

F293 Words substituted by virtue of Interpretation Act 1978 (c. 63), s. 25(2)

Modifications etc. (not altering text)

C245 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M148 1978 c. 30.

238 Short title, commencement and extent. S

(1) This Act may be cited as the Local Government (Scotland) Act 1973.

(2) This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.

(3) This Act, except sections 92, 146(5) and 213 and paragraph 64 of Schedule 17 and Schedule 26 F294 . . . extends to Scotland only.

Textual Amendments

F294 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

Modifications etc. (not altering text)

C246 Power of appointment conferred by s. 238(2) fully exercised: S.I. 1973/1886, 2181

SCHEDULES

Section 1.

SCHEDULE 1 S New Local Government Areas

Part I S

Region	Area covered by reference to existing administrative areas
Highland	The county of Caithness.
	The county of Nairn.
	The County of Sutherland.
	In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven.
	The county of Inverness (except the districts of Barra, Harris, North Uist, South Uist).
	In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale.
	The county of Ross and Cromarty (except the burgh of Stornoway; the district of Lewis).
Grampian	The county of the city of Aberdeen.
	The county of Aberdeen.
	The county of Kincardine.
	The county of Banff.
	The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale).
Tayside	The county of the city of Dundee.
	The county of Angus.
	The county of Kinross.
	The county of Perth (except the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart).
Fife	The county of Fife.
Lothian	The county of the city of Edinburgh.
	The county of East Lothian.
	The county of Midlothian (except the electoral divison of Heriot and Stow).
	The county of West Lothian (except the burgh of Bo’ness; the district of Bo’ness).
Borders	The county of Berwick.
	The county of Peebles.
	The county of Roxburgh.
	The county of Selkirk.
	In the county of Midlothian—the electoral division of Heriot and Stow.
Central	The county of Clackmannan.
	In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart.
	The county of Stirling (except the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)).
	In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness.
Strathclyde	The county of the city of Glasgow.
	The county of Bute.
	The county of Dunbarton.
	The county of Lanark.
	The county of Renfrew.
	The county of Argyll (except the district of Ardnamurchan; the electoral divisions of Ballachulish and Kinlochleven).
	The county of Ayr.
	In the county of Stirling—the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton).
Dumfries and Galloway	The county of Dumfries.
	The county of Kirkcudbright.
	The county of Wigtown.

Part II S

Islands Areas	Area by reference to existing administrative areas
Orkney	The county of Orkney.
Shetland	The county of Zetland.
Western Isles	In the county of Inverness—the districts of Barra, Harris, North Uist, South Uist.
	In the county of Ross and Cromarty—the burgh of Stornoway; the district of Lewis.

Part III S

Name of Region	District	Area of district by reference to existing administrative areas
Highland	Caithness	The county of Caithness.
		In the county of Sutherland—the district of Tongue and Farr.
	Sutherland	The county of Sutherland (except the district of Tongue and Farr).
		In the county of Ross and Cromarty—the electoral division of Kincardine.
	Ross and Cromarty	In the county of Ross and Cromarty—the burghs of Cromarty, Dingwall, Fortrose, Invergordon, Tain; the districts of Avoch, Dingwall, Fearn, Fortrose, Gairloch, Invergordon, Lochbroom, Lochcarron, Muir of Ord; the electoral division of Edderton and Tain.
	Skye and Lochalsh	In the county of Inverness—the district of Skye.
		In the county of Ross and Cromarty—the South West district.
	Lochaber	In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven.
		In the county of Inverness—the burgh of Fort William; the district of Lochaber.
	Inverness	In the county of Inverness—the burgh of Inverness; the districts of Aird, Inverness.
	Badenoch and Strathspey	In the county of Inverness—the burgh of Kingussie; the district of Badenoch.
		In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale.
	Nairn	The county of Nairn.
Grampian	Moray	The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale).
		In the county of Banff—the burghs of Aberlour, Buckie, Cullen, Dufftown, Findochty, Keith, Portknockie; the districts of Buckie, Cullen (except the electoral division of Fordyce), Dufftown, Keith.
	Banff and Buchan	In the county of Banff—the burghs of Aberchirder, Banff, Macduff, Portsoy; the districts of Aberchirder, Banff; the electoral division of Fordyce.
		In the county of Aberdeen—the burghs of Fraserburgh, Peterhead, Rosehearty, Turriff; the districts of Deer, Turriff; the electoral division of Cruden.
	Gordon	In the county of Aberdeen—the burghs of Ellon, Huntly, Inverurie, Kintore, Oldmeldrum; the districts of Aberdeen (except the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood and the parishes of Drumoak, Dyce, Peterculter), Alford, Ellon (except the electoral division of Cruden), Garioch, Huntly.
	City of Aberdeen	The county of the city of Aberdeen.
		In the county of Aberdeen—the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood; the parishes of Dyce, Peterculter.
		In the county of Kincardine—the electoral division of Nigg.
	Kincardine and Deeside	In the county of Aberdeen—the burgh of Ballater; the district of Deeside; the parish of Drumoak.
		In the county of Kincardine—the burghs of Banchory, Inverbervie, Laurencekirk, Stonehaven; the districts of Laurencekirk, St. Cyrus, Stonehaven, Upper Deeside; the electoral divisions of Banchory-Devenick, Maryculter.
Tayside	Angus	In the county of Angus—the burghs of Arbroath, Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the districts of Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the parish of Newtyle.
	City of Dundee	The county of the city of Dundee.
		In the county of Angus—the burgh of Monifieth; the district of Monifieth (except the electoral division of Newtyle and Kettins).
		In the county of Perth—the electoral division of Longforgan.
	Perth and Kinross	The county of Kinross.
		In the county of Angus—the parish of Kettins.
		In the county of Perth—the burghs of Aberfeldy, Abernethy, Alyth, Auchterarder, Blairgowrie and Rattray, Coupar Angus, Crieff, Perth, Pitlochry; the districts Central (except the parish of Muckhart), Eastern, Highland, Perth (except the electoral division of Longforgan); the electoral division of Ardoch.
Fife	Kirkcaldy	In the county of Fife—the burghs of Buckhaven and Methil, Burntisland, Kinghorn, Kirkcaldy, Leslie, Leven, Markinch; the districts of Glenrothes, Kirkcaldy (except that part of the electoral division of Auchtertool within the Gray Park polling district), Wemyss; the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden.
	North East Fife	In the county of Fife—the burghs of Auchtermuchty, Crail, Cupar, Elie and Earlsferry, Falkland, Kilrenny, Anstruther, Easter and Wester, Ladybank, Newburgh, Newport-on-Tay, Pittenweem, St. Andrews, St. Monance, Tayport; the districts of Cupar, St. Andrews.
	Dunfermline	In the county of Fife—the burghs of Cowdenbeath, Culross, Dunfermline, Inverkeithing, Lochgelly; the districts of Dunfermline, Lochgelly (except the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden); that part of the electoral division of Auchtertool within the Gray Park polling district.
Lothian	West Lothian	In the county of West Lothian—the burghs of Armadale, Bathgate, Linlithgow, Whitburn; the districts of Linlithgow, Torphichen and Bathgate, Uphall, Whitburn and Livingston; the electoral divisions of Abercorn, Winchburgh East and Winchburgh West.
		In the county of Midlothian—the districts of East Calder, West Calder.
	City of Edinburgh	The county of the city of Edinburgh.
		In the county of West Lothian—the burgh of Queensferry; the district of Kirkliston and Winchburgh (except the electoral divisions of Abercorn, Winchburgh East and Winchburgh West).
		In the county of Midlothian—the district of Currie and the parish of Cramond.
	Midlothian	In the county of Midlothian—the burghs of Bonnyrigg and Lasswade, Dalkeith, Loanhead, Penicuik; the districts of Gala Water (except the electoral division of Heriot and Stow), Lasswade, Musselburgh (except the parish of Inveresk), Newbattle, Penicuik.
	East Lothian	The county of East Lothian.
		In the county of Midlothian—the burgh of Musselburgh; the parish of Inveresk.
Central	Clackmannan	The county of Clackmannan.
		In the county of Perth—the parish of Muckhart.
	Stirling	In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch).
		In the county of Stirling—the burghs of Bridge of Allan, Stirling; the districts Central No. 1, Western No. 1, Western No. 2.
	Falkirk	In the county of Stirling—the burghs of Denny and Dunipace, Falkirk, Grangemouth; the districts Eastern No. 1, Eastern No. 2, Eastern No. 3, Central No. 2 (except the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)).
		In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness.
Borders	Tweeddale	The county of Peebles.
	Ettrick and Lauderdale	The county of Selkirk.
		In the county of Berwick—the burgh of Lauder; the West district (except the electoral divisions of Gordon, Hume and Nenthorn, Westruther).
		In the county of Midlothian—the electoral divison of Heriot and Stow.
		In the county of Roxburgh—the burgh of Melrose; the district of Melrose (except that part of the parish of Roxburgh which lies within this district).
	Roxburgh	In the county of Berwick—the parish of Nenthorn.
		In the county of Roxburgh—the burghs of Hawick, Jedburgh, Kelso; the districts of Hawick, Jedburgh, Kelso; that part of the parish of Roxburgh within the district of Melrose.
	Berwickshire	In the county of Berwick—the burghs of Coldstream, Duns, Eyemouth; the East district; the Middle district; the electoral divisions of Gordon, Westruther; the parish of Hume.
Strathclyde	Argyll	In the county of Argyll—the burghs of Campbeltown, Dunoon, Inverarray, Lochgilphead, Oban, Tobermory; the districts of Cowal, Islay, Jura and Colonsay, Kintyre, Mid Argyll, Mull, North Lorn (except the electoral divisions of Ballachulish, Kinlochleven), South Lorn, Tiree and Coll.
		In the county of Bute—the burgh of Rothesay; the district of Bute.
	Dumbarton	In the county of Dunbarton—the burghs of Dumbarton, Cove and Kilcreggan, Helensburgh; the districts of Helensburgh, Vale of Leven; the electoral divisions of Bowling, Dunbarton.
	City of Glasgow	The county of the city of Glasgow.
		In the county of Lanark—the burgh of Rutherglen; in the Eighth district, the electoral divisions of Bankhead, Cambuslang Central, Cambuslang North, Hallside, Rutherglen, and those parts of Cambuslang South and Carmunnock electoral divisions lying outwith the designated area of East Kilbride New Town; in the Ninth district, the electoral divisions of Baillieston, Garrowhill, Mount Vernon and Carmyle, Springboig.
	Clydebank	In the county of Dunbarton—the burgh of Clydebank; the district of Old Kilpatrick (except the electoral divisions of Bowling, Dunbarton, and that part of the electoral division of Hardgate lying within the parish of New Kilpatrick).
	Bearsden and Milngavie	In the county of Dunbarton—the burghs of Bearsden, Milngavie; that part of the electoral division of Hardgate lying within the parish of New Kilpatrick.
	Bishopbriggs and Kirkintilloch	In the county of Dunbarton—the burgh of Kirkintilloch; those parts of the electoral divisions of Twechar and Waterside lying outwith the designated area of Cumbernauld New Town.
		In the county of Lanark—the burgh of Bishopbriggs; the electoral divisions of Chryston, Stepps.
		In the county of Stirling—the Western No. 3 district.
	Cumbernauld	In the county of Dunbarton—the burgh of Cumbernauld; the electoral division of Croy and Dullatur and those parts of the electoral divisions of Twechar and Waterside lying within the designated area of Cumbernauld New Town.
		In the county of Stirling—the burgh of Kilsyth; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton).
	Monklands	In the county of Lanark—the burghs of Airdrie, Coatbridge; the Ninth district (except the electoral divisions of Baillieston, Chryston, Garrowhill, Mount Vernon and Carmyle, Springboig, Stepps); in the Seventh district, the electoral division of Shottskirk.
	Motherwell	In the county of Lanark—the burgh of Motherwell and Wishaw; the Sixth district (except the electoral divisions of Bothwell and Uddingston South, Uddingston North), the Seventh district (except the electoral division of Shottskirk).
	Hamilton	In the county of Lanark—the burgh of Hamilton; the Fourth district (except the electoral division of Avondale); in the Sixth district, the electoral divisions of Bothwell and Uddingston South, Uddingston North; in the Eighth district, the electoral divisions of Blantyre, Stonefield, and that part of High Blantyre electoral division lying outwith the designated area of East Kilbride New Town.
	East Kilbride	In the county of Lanark—the burgh of East Kilbride; in the Fourth district, the electoral division of Avondale; in the Eighth district, those parts of High Blantyre, Cambuslang South, and Carmunnock electoral divisions lying within the designated area of East Kilbride New Town.
	Eastwood	In the county of Renfrew—the First district.
	Lanark	In the county of Lanark—the burghs of Biggar, Lanark; the First, Second, Third districts.
	Renfrew	In the county of Renfrew—the burghs of Barrhead, Johnstone, Paisley, Renfrew; the Second, Third, Fourth districts.
	Inverclyde	In the county of Renfrew—the burghs of Gourock, Greenock, Port Glasgow; the Fifth district.
	Cunninghame	In the county of Ayr—the burghs of Ardrossan, Irvine, Kilwinning, Largs, Saltcoats, Stevenston; the districts of Irvine, Kilbirnie, West Kilbride; those parts of the designated area of Irvine New Town within the Ayr and Kilmarnock districts.
		In the county of Bute—the burgh of Millport; the districts of Arran, Cumbrae.
	Kilmarnock and Loudoun	In the county of Ayr—the burghs of Darvel, Galston, Kilmarnock, Newmilns and Greenholm, Stewarton; the district of Kilmarnock (except that part of the designated area of Irvine New Town within this district).
	Kyle and Carrick	In the county of Ayr—the burghs of Ayr, Girvan, Maybole, Prestwick, Troon; the district of Ayr (except that part of the designated area of Irvine New Town within this district), Girvan, Maybole; that part of the parish of Ayr within the district of Dalmellington; the polling district of Coylton.
	Cumnock and Doon Valley	In the county of Ayr—the burgh of Cumnock and Holmhead; the districts of Cumnock, Dalmellington (except that part of the parish of Ayr within this district; the polling district of Coylton).
Dumfries and Galloway	Merrick	The county of Wigtown.
		In the county of Kirkcudbright—the Western district (except the electoral division of Anwoth and Girthon).
	Stewartry	In the county of Kirkcudbright—the burghs of Castle Douglas, Dalbeattie, Gatehouse of Fleet, Kirkcudbright, New Galloway; the districts of Castle Douglas, Dalbeattie, Glenkens, Kirkcudbright; the electoral division of Anwoth and Girthon.
	Nithsdale	In the county of Dumfries—the burghs of Dumfries, Sanquhar; the districts of Dumfries (except the parishes of Dalton, Lochmaben), Thornhill, Upper Nithsdale.
		In the county of Kirkcudbright—the Eastern district.
	Annandale and Eskdale	In the county of Dumfries—the burghs of Annan, Langholm, Lockerbie, Lochmaben, Moffat; the districts of Annan, Gretna, Langholm, Lockerbie, Moffat; the parishes of Dalton, Lochmaben.

Part IV S

Provisions as to boundaries S

1 The boundaries of the new local government areas shall be mered by Ordnance Survey.

2 Any such boundary defined on the map annexed to any order under Part VI of the M149 Local Government (Scotland) Act 1947 by reference to proposed works shall, until such works are carried out, be mered as if the boundary had not been so defined.

Marginal Citations

M149 1947 c. 43.

3 In this Schedule references to existing polling districts shall mean those districts as bounded as at 16th May 1973.

Section 11.

SCHEDULE 2 S Establishment of New Local Authorities

First elections of councillors S

1 (1) For the purpose of any election of councillors held before the relevant year of election, every region and islands area shall be divided into such electoral divisions, and every district shall be divided into such wards, as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultations as he thinks appropriate.

(2) In this paragraph, “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area (being 1978 or any fourth year thereafter in the case of regional or islands councillors, and 1977 or any of the subsequent years stated or referred to in section 4(4) of this Act in the case of district councillors) occurring after the making of any order constituting the new electoral areas of that local government area in consequence of a review under Schedule 5 to this Act.

(3) A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.

2 (1) At the first elections of councillors for the new local authorities, the returning officer shall be an officer of the council appointed by such existing county or town council as the Secretary of State may direct.

(2) In relation to any such election, if in any electoral division of a region there is a contested election of a regional councillor, any contested election of a district councillor for a ward within that division shall take place in the polling stations and with the presiding officers and clerks appointed for the election of the regional councillor.

(3) Section 7(5)

of this Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of that election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F295

Textual Amendments

F295 Sch. 2 para. 2(4)(5) repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I

Qualification for membership S

3 For the purposes of section 29 of this Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.

First meetings of new councils S

4 (1) The first meeting of each new council shall be held within twenty-one days immediately following the day of election.

(2) The first meeting shall be convened by a person designated—

(a) in a case where there is a committee for the area established under section 230 of this Act, by the committee; and

(b) in any other case, by the Secretary of State;

and shall be held at such place as the said person may appoint.

(3) The notice of the meeting required by paragraph 2(1)

of Schedule 7 to this Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.

5 (1) Until the completion of the election of a chairman at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the chairman of the council, but the person so acting as chairman shall not be entitled to vote unless he is a councillor for the new area.

(2) At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority, designated in the manner indicated in heads (a) and (b) of paragraph 4(2) above, shall apply at the first meeting of a new council.

Suspension of elections S

6 (1) No election of councillors of an existing local authority shall be held after the end of 1973, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 59(3) of the 1947 Act before the end of 1973; but, notwithstanding the provisions of any local statutory provision, after the last mentioned date any such casual vacancy may be filled in accordance with section 59(1) of that Act by the authority themselves electing a person to fill the vacancy.

(2) Any councillor of an existing local authority holding office immediately before the end of 1973 or elected after the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 16th May 1975:

Provided that nothing in this sub-paragraph shall operate to continue any councillor in the office of provost, bailie, honorary treasurer, judge of police or dean of guild of a burgh beyond the date at which he would have ceased to hold that office if this Act had not been passed, and any reference in any enactment to the day of an annual election of councillors shall be construed as a reference to the day on which such election would have been held if this Act had not been passed.

SCHEDULE 3 S

F296 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F296 Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4

F297 2—18. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F297 Sch. 3 paras. 2–18 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 Pt. II

F298 19 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F298 Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4

F299 20—23. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F299 Sch. 3 paras. 20–23 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II

Section 12.

SCHEDULE 4 S Constitution and Proceedings of the Local Government Boundary Commission for Scotland

1 (1) The Boundary Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members. S

(2) The members of the Commission shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.

(3) The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—

(a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d) is otherwise unable or unfit to discharge the function of a member.

(4) The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.

2 (1) There shall be paid to each member of the Boundary Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of [F300 the Treasury].

(2) The Commission may pay such pension, allowance or gratuity to or in respect of any member of the Commission on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, with the consent of [F301 the Treasury], determine.

(3) If a person ceases to be a member of the Commission, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the consent of [F302 the Treasury], require the Commission to pay to that person a sum of such amount as the Secretary of State may, with the consent aforesaid, determine.

Textual Amendments

F300 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

F301 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c), 3(5)

F302 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(d), 3(5)

F303 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F303 Sch. 4 para. 3 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

4 (1) The Secretary of State may appoint, to assist and advise the Boundary Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission. S

(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of [F304 the Treasury].

Textual Amendments

F304 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

5 S At any meeting of the Boundary Commission three shall be the quorum.

6 S All acts done at a meeting of the Boundary Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.

7 S Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of the Boundary Commission at and in connection with their meetings shall be such as they may from time to time determine.

Officers and servants, remuneration and expenses S

8 (1) The Secretary of State may appoint a secretary to the Boundary Commission and such other officers and servants of the Commission as he may, with the approval of [F305 the Treasury] determine.

(2) Before appointing a person to be secretary to the Commission, the Secretary of State shall consult with the Commission.

(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of [F305 the Treasury].

(4) The Commission may, with the approval of the Secretary of State and of [F305 the Treasury], pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

(5) The Commission may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.

Textual Amendments

F305 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

9 The expenses of the Boundary Commission including—

(a) the salaries, fees and allowances of its members,

(b) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,

(c) any payment of compensation to a person who ceases to be a member,

(d) the remuneration and any expenses paid to an assistant commissioner, and

(e) the remuneration and any expenses paid to the officers and servants of the Commission, and

(f) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of the Commission,

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by Parliament.

Proof of documents S

10 (1) Every document purporting to be an instrument made or issued by the Boundary Commission and to be duly sealed with the seal of the Commission or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission. S

(2) Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.

Section 20.

SCHEDULE 5 S Initial Review of Local Government Areas and Electoral Arrangements

1 As soon as practicable after the establishment of the Boundary Commission, they shall—

(a) review such local government areas or parts thereof as the Secretary of State may direct, for the purpose of considering (subject to sub-paragraph (b) below) whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly;

(b) review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas, and shall formulate proposals for those arrangements accordingly.

2 The provisions of Part II of this Act shall apply to a review under paragraph 1(a) or (b) above as they apply to a review under section 14 or 16 of this Act as the case may be, but in its application to a review under either of those sub-paragraphs section 17 of this Act shall have effect as if it required—

(a) the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and

(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under sub-paragraph (b) above (whether as submitted to him or with modifications).

Section 28.

SCHEDULE 6 S Rules to be Observed in Considering Electoral Arrangements

1 (1) This Schedule applies to the consideration by the Secretary of State or the Boundary Commission of the electoral arrangements for election of councillors of local government areas.

(2) Having regard to any change in the number or distribution of electors of a local government area likely to take place within the period of five years immediately following the consideration—

(a) the number of local government electors shall be, as nearly as may be, the same in every electoral area of that local government area;

(b) every regional electoral division shall lie wholly within a single district;

(c) every district ward shall lie wholly within a single regional electoral division.

(3) Subject to sub-paragraph (2)above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable;

(b) any local ties which would be broken by the fixing of any particular boundary.

2 The strict application of the rule stated in paragraph 1(2)(a) above may be departed from in any area where special geographical considerations appear to render a departure desirable.

Section 97.

SCHEDULE 7 S Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C247 Sch. 7 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Sch. 7 applied (with modifications) (25.4.2002) by The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I. 2002/201), art. {10(5)}

Sch. 7 applied (with modifications) (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I 2003/1), {art. 10(5)}

C248 Sch. 7 modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(3), 62; S.S.I. 2003/134, art. 2(1), Sch.

1 (1) A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election.

(2) Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine.

(3) Meetings shall be held at such place, either within or without their area, as the council may direct.

(4) A special meeting may be called at any time by the chairman of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.

2 (1) Three clear days at least before a meeting of a council—

(a) notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

(b) a summons to attend the meeting, specifying the business to be transacted thereat and signed by the proper officer of the council, shall, subject to sub-paragraph (2) below, be left at or sent by post to the usual place of residence of every member of the council.

(2) If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(3) Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council.

(4) Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council [F306 and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders], no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

Textual Amendments

F306 Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(a)

Modifications etc. (not altering text)

C249 Sch. 7 para. 2(1) modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 4(3); S.I. 1994/2850, art. 2, Sch. 1

3 (1) At a meeting of a council the chairman, if present, shall preside.

[F307 (2) If the chairman is absent from a meeting of the council, the vice-chairman shall preside.

(3) If the chairman and vice-chairman are absent from a meeting of the council, another member of the council chosen by the members present shall preside.]

Textual Amendments

F307 Para. 3 (2)(3) substituted for para. 3(2) by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(a)

4 (1) Subject to sub-paragraph (2) S

below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present.

(2) Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.

5 (1) Subject to this or any other Act [F308 and to any provisions of standing orders relating to the suspension of such orders], all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council.

(2) In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment [F308 of a member of the council] to any particular office or committee, in which case the decision shall be by lot.

Textual Amendments

F308 Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(b)(c)

6 S The names of the members present at a meeting of a council shall be recorded.

Modifications etc. (not altering text)

C250 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

7 (1) Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof. S

(2) Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

Modifications etc. (not altering text)

C251 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

8 S Subject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

Modifications etc. (not altering text)

C252 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

9 S The proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

Modifications etc. (not altering text)

C253 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

10 S [F309 (1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to—

(a) a committee (including a joint committee) of a council and that committee’s members; or

(b) a sub-committee of any such committee of a council and that sub-committee’s members.

as those paragraphs apply in relation to a council and that council’s members.]

(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members [F310 recorded under paragraph 6 above as having been] present at the meeting shall be deemed to have been duly qualified.

Textual Amendments

F309 Para. 10(1) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(i)

F310 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(ii)

[F311 SCHEDULE 7A S Access to Information: Exempt Information

Textual Amendments

F311 Sch. 7A inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 2(2), Sch. 1 Pt. II

Modifications etc. (not altering text)

C254 Sch. 7A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part I S Descriptions of Exempt Information

1 S Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.

2 S Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

3 S Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

4 S Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

5 S Information relating to the adoption, care, fostering or education of any particular child or relating to the supervision or residence of any particular child in accordance with a supervision requirement made in respect of that child under the M150 Social Work (Scotland) Act 1968.

Marginal Citations

M150 1968 c. 16(81:3).

6 S Information relating to the financial or business affairs of any particular person (other than the authority).

7 S Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).

8 S The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9 S Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10 S The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.

11 S Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

12 S Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a) any legal proceedings by or against the authority, or

(b) the determination of any matter affecting the authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

13 S Information which, if disclosed to the public, would reveal that the authority proposes—

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

14 S Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15 S The identity of a protected informant.

Part II S Qualifications

1 S Information relating to a person of a description specified in any of paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to a person of that description in the capacity indicated by the description.

2 Information falling within paragraph 6 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a) the M151 Companies Act 1985;

(b) the M152 Friendly Societies Act 1974;

(c) the Industrial and Provident Societies Acts 1965 to 1978; or

(d) the M153 Building Societies Act 1962.

Marginal Citations

M151 1985 c. 6(27.)

M152 1974 c. 46(55:1.)

M153 1962 c. 37

3 S Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against such other persons.

4 S Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5 S Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6 S Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

Part III S Interpretation]

1 (1) In this Schedule—

• “child” means a person under the age of eighteen years and any person who has attained that age and is in attendance as a pupil at a school;

• “disposal” in relation to property, includes the granting of an interest in or right over it;

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means—

(a) any of the matters specified in paragraphs (a) to (g) of section 29(1) of the M154 Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b) any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

• “office-holder”in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

• “protected informant” means a person giving the authority information which tends to show that—

(a) a criminal offence,

(b) a breach of statutory duty,

(c) a breach of planning control, as defined in section 84(2) of the M155 Town and Country Planning (Scotland) Act 1972, or

(d) a nuisance,

has been, is being or is about to be committed;

“tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M156 Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).

(2) Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a local authority, to any committee or sub-committee of, or constituted by, the authority; and

(b) in the case of a committee or sub-committee, to—

(i) any local authority of which it is a committee or sub-committee or by which it is constituted; and

(ii) any other committee or sub-committee of, or constituted by, that local authority or the committee in question;

and for the purposes of this sub-paragraph a committee or sub-committee is “constituted” by a local authority if the authority is its constituent authority within the meaning of section 50E(3) above.

Marginal Citations

M154 1974 c. 52(43:5).

M155 1972 c. 52(123:2).

M156 1980 c. 65(81:1).

Section 97.

SCHEDULE 8 S Provisions as to the [F312 Accounts Commission for Scotland]

Textual Amendments

F312 Words substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 13; S.I. 1994/2658, art. 3(e)

1 S The [F313 Accounts Commission for Scotland] (hereafter in this Schedule referred to as “the Commission”) shall be a body corporate and shall have a common seal.

Textual Amendments

F313 Words substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 13; S.I. 1994/2658, art. 3(e)

2 (1) Each member of the Commission shall, subject to sub-paragraph (4) S

below, hold and vacate office in accordance with the terms of his appointment.

(2) A member of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

(3) A person who has held office as a member of the Commission shall be eligible for reappointment.

(4) The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—

(a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d) is otherwise unable or unfit to discharge the function of a member.

3 (1) The Secretary of State shall appoint one of the members of the Commission to be chairman, and another of the members of the Commission to be deputy chairman, of the Commission. S

(2) The chairman or deputy chairman of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

(3) If the chairman or deputy chairman of the Commission ceases to be a member of the Commission he shall cease to be chairman or, as the case may be, deputy chairman of the Commission.

[F314 3A There may be paid to any member of the Commission out of their funds such salary or fees and allowances as may be approved by the Secretary of State.]

Textual Amendments

F314 Para. 3A added by Local Government (Scotland) Act 1975 (c. 30), s. 17

4 (1) At any meeting of the Commission the quorum shall be five or such larger number as the Commission may determine.

(2) In the case of an equality of votes at any meeting of the Commission the person acting as chairman of the meeting shall have a second or casting vote.

(3) The proceedings of the Commission shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the Commission.

(4) Subject to the foregoing provisions of this paragraph, the Commission shall have power to regulate their own procedure.

F315 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F315 Sch. 8 para. 5 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

6 (1) Officers and agents appointed by the Commission shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the Commission think fit.

(2) The Commission may pay such pensions, allowances or gratuities to or in respect of any of their officers on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as the Commission think fit.

7 The Commission shall have power generally to do such acts as may appear to them to be necessary or expedient for the proper discharge of their functions and, without prejudice to the generality of the foregoing provision, the Commission may—

(a) borrow, on the security of any property belonging to them, any money necessary for the purpose of meeting any expenses incurred by them in or in connection with the discharge of their functions;

(b) acquire such property (whether heritable or moveable) as may, in the opinion of the Commission, be necessary or desirable for the discharge of any of their functions, and dispose as they think fit of any property so acquired.

Section 122.

X3 SCHEDULE 9 S Amendments with respect to Finance

Editorial Information

X3 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M157 The Local Government (Scotland) Act 1947 S

Marginal Citations

M157 1947 c. 43.

1 S In section 195, after the words “this Act” there shall be inserted the words “or Part VII of the Local Government (Scotland) Act 1973.”

2 S In section 216—

(a) for the words from “as early” to “July” there shall be substituted the words “by such date as may be prescribed”;

(b) for the words from “as the authorities” to “determine” there shall be substituted the words “as may be prescribed”;

(c) at the end there shall be inserted the following words:—

“In this section—

(a) references to a joint committee or joint board shall be construed as references to a joint committee or joint board all the members of which, other than ex officio members, are appointed by one or more local authorities;

(b) “prescribed” means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973.”

F316 3—5. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316 Sch. 9 paras. 3–5 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

6 S In section 231, the words “and save as otherwise provided in any local Act”, the words “the office of the collector of the authority or at” and the word “other” shall cease to have effect.

7 S In section 232, in subsection (1), in the proviso, paragraph (c) shall cease to have effect.

F317 8 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F317 Sch. 9 para. 8 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

9 S In section 237—

(a) subsection (2)(f) shall cease to have effect;

(b) for subsection (3) there shall be substituted the following subsection:—

“(3) A demand note shall be in such form, and shall contain such information in addition to the information required by subsection (2) above, as may be prescribed by regulations made by the Secretary of State under section 1ll of the Local Government (Scotland) Act 1973”.

10 S In section 238, subsection (4) shall cease to have effect.

F318 11 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F318 Sch. 9 para. 11 repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 4(d), Sch. 2

12 S In section 252, the words from “whether such expenses” to “county council” shall cease to have effect.

F319 13—15. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F319 Sch. 9 paras. 13–15 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

16 S In section 259—

(a) in subsection (1), paragraph (a) shall cease to have effect and in the proviso, for the words “paragraphs (a) and” there shall be substituted the word “paragraph”;

(b) subsections (2) and (3) shall cease to have effect.

17 S In section 260—

(a) in subsection (1), in paragraph (e), the words “in the case of a county council or town council” shall cease to have effect;

(b) subsection (2) shall cease to have effect.

18 S In section 261—

(a) in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act” shall cease to have effect; for the words “of the council” there shall be substituted the words “of the authority”; the words from “and all money” to “pari passu” shall cease to have effect; for the words “a council” there shall be substituted the words “a local authority”; and for the words “which the council” there shall be substituted the words “which the authority”;

(b) in subsection (3), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”;

(c) in subsection (5), for the words “section seventy-one of, or the Fourth Schedule to, the M158 Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the M159 Housing (Scotland) Act 1966”.

Marginal Citations

M158 1925 c. 15.

M159 1966 c. 49.

19 S In section 262, in subsection (1), in paragraph (b) of the proviso, for the words “paragraph (d), (e), (f) or (g)” there shall be substituted the words “paragraph (d), (f), (g), (ga) or (gb)” and the words from “in order” to “relates” and the words from “in accordance” onwards shall cease to have effect.

20 S In section 263, in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “or under a local Act” shall cease to have effect; and for the words “the council”, in both places where they occur, there shall be substituted the words “the authority”.

21 S In section 264, subsection (4) shall cease to have effect.

22 S In section 265, in subsection (5), the words “with the sanction of the Secretary of State” shall cease to have effect.

23 S In section 266—

(a) in subsection (1), the words from “and if it appears” to the end shall cease to have effect;

(b) in subsection (3), the words “with the consent of the Secretary of State” shall cease to have effect;

(c) in subsection (4), the words “subject to obtaining the consent of the Secretary of State” and the words “with the like consent” shall cease to have effect.

24 S In section 268, in subsection (2), the words from “Where the treasurer” to the end shall cease to have effect.

25 S In section 269—

(a) in subsections (1) to (3), for the words “county council or a town council” and “county council or town council”, wherever they occur, there shall be substituted the words “local authority”; and for the words “the council”, wherever they occur, there shall be substituted the words “the authority”;

(b) in subsection (1), in the proviso, paragraph (a) shall cease to have effect.

26 S In section 271, in subsection (1), the words from “by a county council” to “section” shall cease to have effect and subsection (2) shall cease to have effect.

27 S In section 272, for the words “county council or town council” there shall be substituted the words “local authority”.

28 S In section 273—

(a) in subsections (1) to (3), for the words “county council or town council” there shall be substituted the words “local authority”;

(b) in subsection (1), for the words “the council” there shall be substituted the words “the authority”.

29 S In section 274, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and the proviso shall cease to have effect.

30 S In section 275—

(a) in subsection (1), for the words from “county council” to “that effect” there shall be substituted the words “local authority shall, as from 16th May 1975,”; and for the words “the council” there shall be substituted the words “the authority”;

(b) in subsection (2), for the word “council” there shall be substituted the word “authority”;

(c) subsection (3) shall cease to have effect;

(d) in subsection (4), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”.

31 S In section 279—

(a) the words “with consent of the Secretary of State” shall cease to have effect;

(b) in the proviso, in paragraph (i), the words from “shall require” to “fund or” shall cease to have effect;

(c) in the proviso, paragraph (ii) shall cease to have effect.

32 S In section 292, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”.

33 S In section 295, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

34 S In section 379, in subsection (1)—

(a) in the definition of “security”, for the words “a burgh” there shall be substituted the words “an islands area or district”;

(b) in the definition of “statutory borrowing power”, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

35 S In Schedule 7, in Form (1)—

(a) in Note (1), for the words “a burgh” there shall be substituted the words “an islands area or district”; and the words “of the burgh” shall cease to have effect;

(b) in Note (2), the word “district” shall cease to have effect;

(c) Note (3) shall cease to have effect.

36 S In Schedule 8—

(a) in the title, for the words “COUNTY COUNCIL OR TOWN COUNCIL” there shall be substituted the words “LOCAL AUTHORITY”;

(b) in rule 1, for the definition of “appointed day” there shall be substituted the following definition:—

““appointed day” means 16th May 1975”;

(c) in rule 1, for the definition of “council” there shall be substituted the following definition:—

““council”means a regional, islands or district council”;

(d) in rule 18, in paragraph (4), in the proviso, for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”;

(e) in rule 20, for the words from “and the auditor” to the end there shall be substituted the words “and shall be audited in accordance with Part VII of the Local Government (Scotland) Act 1973”.

The M160 Local Government Act 1948 S

Marginal Citations

M160 1948 c. 26.

37 In section 124, in subsection (2), for the words “county, burgh” there shall be substituted the words “islands area”.

38 S In section 144, subsections (3), (4) and (8) shall cease to have effect in relation to Part V of the Act.

39 S In section 145, in subsection (2)—

(a) the definitions of “large burgh” and “small burgh” shall cease to have effect;

(b) for the definition of “local authority” there shall be substituted the following definition:—

““local authority” means a regional, islands or district council;”.

The M161 Rating and Valuation (Scotland) Act 1952 S

Marginal Citations

M161 1952 c. 47.

40 In section 1, in subsection (1), in paragraph (b), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “valuation area”.

41 In section 3, for the words “rating authority”, in both places where they occur, there shall be substituted the words “local authority”.

42 In section 4, for the words “any county, burgh” there shall be substituted the words “any islands area”; and for the words “each county, burgh” there shall be substituted the words “each islands area”.

43 For section 8(1) there shall be substituted the following subsection:—

“(1) In this Act “local authority” has the same meaning as in the Local Government (Scotland) Act 1973”.

The M162 Valuation and Rating (Scotland) Act 1956 S

Marginal Citations

M162 1956 c. 60.

44 S In section 1—

(a) subsections (1) to (4) shall cease to have effect;

(b) in subsection (5), for the words “section eighty-three or ninety-three of the Act of 1947” there shall be substituted the words “section 116(2) of the Local Government (Scotland) Act 1973”; and the words “under this section” shall cease to have effect;

(c) subsection (6) shall cease to have effect;

(d) in subsection (7), the words “appointed under this section” shall cease to have effect.

F320 45, 46. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F320 Sch. 9 paras. 45, 46 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

47 S In section 11, at the end there shall be inserted the following subsection:—

“(4) Any provision of any local Act which is inconsistent with the foregoing provisions of this section shall cease to have effect.”

48 S In section 21, in subsection (1), the words “are situated within the landward area of a county and” shall cease to have effect.

49 S In section 24, in subsection (4), in the definition of “separately rated area”, for the words from “a burgh”, where they first occur, to the end there shall be substituted the words “an islands area or district”.

50 S In section 43, in subsection (1), the definitions of “burgh”, “large burgh” and “rating authority” shall cease to have effect.

51 S In Schedule 4—

(a) in paragraph 10, for the words “rating authority” there shall be substituted the words “local authority”;

(b) in paragraph 11, in sub-paragraph (3), in the proviso, for the words “rating authorities”, in both places where they occur, there shall be substituted the words “local authorities”.

The M163 Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 S

Marginal Citations

M163 1958 c. 64.

52 S Section 8 shall cease to have effect.

The M164 Local Government (Financial Provisions) (Scotland) Act 1963 S

Marginal Citations

M164 1963 c. 12

53 In section 7, in subsection (4), for the words from “estimate the rateable valuation” to the end there shall be substituted the following words:—

“estimate the rateable valuation in that year of revaluation—

(a) in a case where the valuation area is a region, of each district within that region ;

(b) in a case where the valuation area is an islands area, of that islands area;

and shall send certified copies of the estimate so made to the rating authority for that region or for that islands area, as the case may be, to the councils of all districts within that region and to the Secretary of State.”

54 S In section 9—

(a) in subsection (1), for the word “rules” there shall be substituted the word “regulations”; and for the words “this subsection” there shall be substituted the words “section 111 of the Local Government (Scotland) Act 1973”;

(b) in subsection (3), for the words “area which is a burgh or the landward area of a county” there shall be substituted the words “district or islands area”; F321 . . ..

(c) after subsection (3) there shall be inserted the following subsection:—

“(3A) The standard penny rate product for any year of an area which is a region shall be taken to be an amount equal to the sum of the standard penny rate products for that year of the districts comprised in that region.”;

(d) in subsection (4), for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) above” and the words “to county councils and town councils” shall cease to have effect;

(e) in subsection (6), for the words “burgh or of the landward area of a county” there shall be substituted the words “district or islands area”; and for the words “burgh or, as the case may be, the landward area”, in both places where they occur, there shall be substituted the words “district or, as the case may be, islands area”;

(f) subsection (7) shall cease to have effect.

Textual Amendments

F321 Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

55 S In section 19, in subsection (2), the words “the expression “local authority” includes a district council, and” shall cease to have effect.

56 S In section 20, subsection (2) shall cease to have effect.

57 S In section 21—

(a) in subsection (1), for the words “county council” there shall be substituted the words “regional council”; for the words “the county”, where they first occur, there shall be substituted the words “the region”; for the words “the expenditure” there shall be substituted the words “the relevant local expenditure”; and for the words from “relevant” onwards there shall be substituted the words “sum of the relevant local expenditures for that year of the regional council and the councils of each district in the region”,

(b) subsection (2) shall cease to have effect;

(c) for subsection (3) there shall be substituted the following subsection:—

“(3) In this section “relevant local expenditure” has the same meaning as in paragraph 5 of Part II of Schedule 1 to the Local Government (Scotland) Act 1966.”

58 S In section 26(2), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

The M165 Local Government (Development and Finance) (Scotland) Act 1964 S

Marginal Citations

M165 1964 c. 67.

59 S In section 8, subsections (2) and (5) shall cease to have effect.

60 S In section 9—

(a) in subsection (1), paragraph (b) shall cease to have effect;

(b) subsections (2) and (4) shall cease to have effect.

61 S In section 10, subsection (2) shall cease to have effect.

The M166 Rating Act 1966 S

Marginal Citations

M166 1966 c. 9.

62 S In section 2—

(a) in subsection (5), for the words “section 5 of this Act)” there shall be substituted the words “the standard scheme prescribed under section 112 of the Local Government (Scotland) Act 1973, including that scheme as varied under section 114 of that Act)”;

(b) in subsection (12), in paragraph (b), the words from “or any corresponding provision” to the end shall cease to have effect.

63 S In section 4, in subsection (5), the words “or any provision for like purposes contained in any local Act” and the words from “or any such provision” to the end shall cease to have effect.

F322 64 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F322 Sch. 9 para. 64 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I

The M167 Local Government (Scotland) Act 1966 S

Marginal Citations

M167 1966 c. 51.

65 S In section 2, in subsection (2), in paragraph (b), the words “and grants under the Rating Act 1966” shall cease to have effect.

66 S In section 6, in subsection (2), for the words “a county” there shall be substituted the words “the area of any local authority”; and for the words “the county” there shall be substituted the words “that area”.

67 S In section 7, in subsection (1), for the words “local authority” there shall be substituted the words “rating authority” and at the end there shall be inserted the following words:—

“In this subsection the words “the amount of the rate”, in relation to a regional council, mean the aggregate amount of the regional rate and the district rate”.

68 S In section 46(1), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

69 S In Schedule 1, in Part I—

(a) in paragraph 1, for the words “first be apportioned to all counties and those burghs which are counties of cities” there shall be substituted the words “be apportioned to all regions, islands areas and districts”;

(b) paragraph 2 shall cease to have effect;

(c) in paragraph 5, in sub-paragraph (2), the words from “and joint” to “constituent councils” shall cease to have effect; for the words “the local authorities” there shall be substituted the words “such classes of local authority as may be specified in the regulations”; and for the words “each authority” there shall be substituted the words “such authorities as may be so specified”.

70 S In Schedule 1, in Part II—

(a) in paragraph 1, the words from “shall be payable” to “burgh, but” shall cease to have effect;

(b) paragraph 3 shall cease to have effect;

(c) in paragraph 4, in sub-paragraph (1), for the words “county council or town council” there shall be substituted the words “islands or district council”.

(d) for paragraph 5 there shall be substituted the following paragraph:—

“5 For the purposes of this Part of this Schedule the relevant local expenditure in relation to a regional, islands or district council for any year is so much of the council’s total expenditure for the year as would fall to be met out of the regional rate, the general rate or the district rate respectively if no resources element were payable to that council”.

71 S In Schedule 1, in Part III, in paragraphs 2 and 3, for the words “local authority” there shall be substituted the words “rating authority”.

72 S In Schedule 2—

(a) in paragraph 19, in head (a), the words “and, where appropriate, the separately rated areas” shall cease to have effect;

(b) paragraph 22 shall cease to have effect;

(c) in paragraph 27, the definition of “burgh” shall cease to have effect; in the definition of “rating area”, for the words from “of”, where it first occurs, to the end there shall be substituted the words “of an islands council or of a district council”; and the definition of “separately rated area” shall cease to have effect.

F323 73 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F323 Sch. 9 para. 73 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(4), Sch. 24

The M168 Post Office Act 1969 S

Marginal Citations

M168 1969 c. 48.

74 S In section 53—

(a) for subsection (5) there shall be substituted the following subsection:—

“(5) An order under subsection (1) above for the purposes of the valuation roll for the year 1971-72 may be varied by a subsequent order, made in the like manner, so as to include, with respect to the years 1976-77 and 1977-78, any such provision as is authorised by subsection (3) above to be included therein.”;

(b) for subsection (7) there shall be substituted the following subsection:—

“(7) Expressions used in this section and in the Local Government (Scotland) Act 1966 have the same meanings in this section as in that Act.”

Schedule 124, 125 and 127.

SCHEDULE 10 S Arrangements by Education Authorities for Discharge of their Functions

Modifications etc. (not altering text)

C255 Sch. 10 extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1)

C256 Sch. 10 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 4(5), 5(5)

C257 Sch. 10 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2)

1 Subject to the provisions of section 124 of this Act and of any other express provision contained in this Act or any Act passed after this Act, an education authority may arrange for the discharge of any of their functions by their education committee, a sub-committee of that committee, . . . F324 . . . F325 . . . F324 , an officer of the authority or by any other education authority in Scotland.

Textual Amendments

F324 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

F325 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

2 Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by their education committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee, . . . F326 . . . F327 . . . F326 or an officer of the authority.

Textual Amendments

F326 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

F327 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

3 Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by another education authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

(a) the foregoing provision shall have effect subject to the terms of any arrangement relating to the functions; and

(b) that other authority shall not, by virtue of this paragraph, arrange for the discharge of those functions by some other education authority.

4 Any arrangement made by an education authority or education committee under this Schedule for the discharge of any functions by an education committee, sub-committee, . . . F328 . . . F329 , officer or education authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

Textual Amendments

F328 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

F329 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

5 An education authority may arrange for the discharge of any of their functions jointly with one or more other education authorities or other local authorities and, where arrangements are in force for them to do so—

(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and paragraph 2 above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

6 No arrangement shall be made by an education authority for the discharge otherwise than by their education committee of any function in regard to the dismissal of teachers.

7 For the purpose of discharging any functions of an education authority in pursuance of arrangements made under paragraph 5 above an education authority may jointly with one or more other education authorities or other local authorities appoint a joint committee.

8 For the purpose of discharging any functions of an education authority in pursuance of arrangements made under this Schedule, an education committee or any joint committee appointed under paragraph 7 above may appoint one or more sub-committees.

9 Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.

10 A joint committee appointed under paragraph 7 above and a sub-committee appointed under paragraph 8 above may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities, or in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.

[F330 11 At least half of the members appointed to a joint committee appointed under paragraph 7 above shall be members of the appointing authorities.]

Textual Amendments

F330 Sch. 10 para. 11 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(c), 194(4), 195(2), Sch. 12 Pt. II

12 Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

F331 SCHEDULE 11 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F331 Sch. 11 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

Section 130.

X4 SCHEDULE 12 S Amendment of Enactments Relating to Housing

Editorial Information

X4 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F332 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F332 Sch. 12 para. 1 repealed by Tenants' Rights, Etc. (Scotland) Act 1980 (c. 52), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F333 2 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F333 Sch. 12 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

The M169 Housing and Town Development (Scotland) Act 1957 S

Marginal Citations

M169 1957 c. 38.

3 S In section 16(5) (provision for failure to carry out duties under overspill agreements or town development schemes), for the words “three hundred and fifty-five of the M170 Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.

Marginal Citations

M170 1947 c. 43.

F334 4 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F334 Sch. 12 para. 4 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. II

F335 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F335 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F336 6—10. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F336 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F337 11 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F337 Sch. 12 para. 11 repealed by Housing Act 1974 (c. 44), Sch. 15 and also expressd to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F338 12—19. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F338 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

The M171 Housing Subsidies Act 1967 S

Marginal Citations

M171 1967 c. 29.

20 S In section 27(1)(a)(ii) (qualifying lenders), for the words “county councils and town” there shall be substituted the words “regional, islands and district”.

F339 21, 22. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F339 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F340 23 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F340 Sch. 12 para. 23 repealed by Social Security and Housing Benefits Act 1982 (c. 24), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F341 24 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F341 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

Section 132.

Schedule 13 S Amendments of the M172 Rent (Scotland) Act 1971

Modifications etc. (not altering text)

C258 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M172 1971 c. 28.

1 In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.), for paragraph (a) there shall be substituted the following paragraph—

“(a) a regional, islands or district council, or a joint board or joint committee as respectively defined by the Local Government (Scotland) Act 1973, or the common good of an islands or district council or any trust under the control of a regional, islands or district council,”.

2 In section 37 (registration areas and rent officers)

(a) for subsection (1) there shall be substituted the following subsection—

“(1) The registration areas for the purposes of this Part of this Act shall be the districts and islands areas.”;

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) The Secretary of State may, after consultation with the local authority or local authorities concerned, make directions

(a) as to the groupings of registration areas or parts thereof, or

(b) deeming any part of a registration area to be a separate registration area,

and any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of this subsection.”

(c) in subsection (2), after the words “local authority” there shall be inserted the words “or local authorities” and the words from “and for the purposes” to the end shall cease to have effect;

(d) after subsection (2) there shall be inserted the following subsection—

“(2A) Where the Secretary of State makes a direction under subsection (1A) above, or an appointment under subsection (2) above, which is to come into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of the said subsection (1A) or (2) if he has consulted either the existing or the new local authority or local authorities before that date.”;

(e) subsection (6) shall cease to have effect.

3 At the end of section 39 (register of rents) there shall be added the following subsections—

“(5) Any entry—

(a) in a register (hereinafter referred to as “the old register”)

(i) which is kept under this section before 16th May 1975, or

(ii) which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area, or

(b) in a separate part of an old register in which rents are registered for dwelling-houses in respect of tenancies to which sections 60 to 66 of the Housing (Financial Provisions) (Scotland) Act 1972 apply,

which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register or, as the case may be, in such a separate part of the register kept under this section for that new registration area.”.

F342 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

4, 5.

Textual Amendments

F342 Sch. 13 paras. 4, 5, 7 repealed by Tenants' Rights Etc. (Scotland) Act 1980 (c. 52), Sch. 5

6 For section 83 (operation of Part VII) there shall be substituted the following section—

“83 Registration areas for purposes of Part VII.

“83 (1) The registration areas for the purposes of this Part of this Act shall be the districts and islands areas.

(2) The Secretary of State may after consultation with the local authority or local authorities concerned, make directions—

(a) as to the groupings of registration areas, or parts thereof, or

(b) deeming any part of a registration area to be a separate registration area.

(3) Where the Secretary of State makes a direction under subsection (2) above which is to come into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of that subsection if he has consulted either the existing or the new local authority or local authorities before that date.

(4) Any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of a direction under subsection (2)(b) above.”

F343 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

7

Textual Amendments

F343 Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II

8 In section 85(1) (contracts) the words from “and which is situated” to the end shall cease to have effect.

9 At the end of section 89 (register of rents under Part VII contracts) there shall be added the following subsections—

“(4) Any entry in a register (hereinafter referred to as “the old register”)

(a) which is kept under this section before 16th May 1975, or

(b) which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area,

which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register kept under this section for that new registration area.

(5) The old register shall be kept by such rent tribunal and made available for inspection in such place or places and in such manner as the Secretary of State may direct; and subsection (3) above shall apply to any entry in the old register which is deemed to be an entry in the register kept for a new registration area.

(6) In this section “new registration area” means a registration area established under this Part of this Act on or after 16th May 1975.”

10 In section 97 (local authorities for Part VII), subsection (1) shall cease to have effect.

11 In section 133(1) (interpretation)—

(a) after the definition of “let” there shall be inserted the following—

““local authority” means an islands council or district council;”;

(b) after the definition of “rateable value” there shall be inserted the following—

““rates” means any charges payable in respect of a rate as defined in the Local Government (Scotland) Act 1947;”.

Section 133.

Schedule 14 S Amendment of Enactments Relating to Roads

Modifications etc. (not altering text)

C259 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F344 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

1—29.

Textual Amendments

F344 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

The M173 Road Traffic Act 1930 S

Marginal Citations

M173 1930 c. 43

F345 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

30

Textual Amendments

F345 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

31 In section 119 (special provisions as to Scotland)—

(a) in subsection (3), for the words “county or town council” there shall be substituted the words “local highway authority” ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F346

Textual Amendments

F346 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F347 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

32—41.

Textual Amendments

F347 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

The M174 Aquisition of Land (Authorisation Procedure) (Scotland) Act 1947 S

Marginal Citations

M174 1947 c. 42.

42 In section 7(1) (interpretation), in the definition of “local authority” for the words from “county” to the end there shall be substituted the words “regional, islands or district council”.

F348 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

43—50.

Textual Amendments

F348 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

The M175 Public Utilities Street Works Act 1950 S

Marginal Citations

M175 1950 c. 39.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

F349 51

Textual Amendments

F349 Sch. 14 para. 51 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 168(2), Sch.9; S.I. 1992/2990, art. 2(2), Sch.2.

51 In section 36 (application to Scotland)—

(a)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F448

(c) in subsection (14), for the words “local authority” there shall be substituted the words “regional or islands council”.

Textual Amendments

F448 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F350 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

52—54.

Textual Amendments

F350 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F351 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

55, 56.

Textual Amendments

F351 Sch. 14 paras. 55, 56 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F352 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

57, 58.

Textual Amendments

F352 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F353 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

59—62.

Textual Amendments

F353 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F354 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

63

Textual Amendments

F354 Sch. 14 para. 63 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. VIII and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F355 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

64—67.

Textual Amendments

F355 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F356 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

68

Textual Amendments

F356 Sch. 14 para. 68 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVI and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F357 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

69—73.

Textual Amendments

F357 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

The M176 Transport Act 1968 S

Marginal Citations

M176 1968 c. 73.

F358 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

74

Textual Amendments

F358 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

75 In section 124(4) (Board’s obligations at level crossings with roads other than public carriage roads), for the words “county council and a town” there shall be substituted the words “regional or islands”.

F359 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

76—79.

Textual Amendments

F359 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F360 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

80

Textual Amendments

F360 Sch. 14 para. 80 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

The M177 Chronically Sick and Disabled Persons Act 1970 S

Marginal Citations

M177 1970 c. 44.

81 In section 21(8) (badges for display on motor vehicles used by disabled persons), for the words “county or large burgh” there shall be substituted the words “region or islands area”.

The M178 Road Traffic Act 1972 S

Marginal Citations

M178 1972 c. 20.

F361 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

82

Textual Amendments

F361 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

83 In section 35(5)(b) (control of use of footpaths and bridleways for motor vehicle trials), for the words “county council or town” there shall be substituted the words “regional or islands”.

84 In section 38(5)(b) (powers of Secretary of State and local authorities as to giving road safety information and training), for the words “county council or town” there shall be substituted the words “regional or islands”.

85 In section 43 (test of satisfactory condition of vehicles other than goods vehicles to which section 45 applies), in subsection (3), for the word “county” there shall be substituted the words “regional or islands area” and the words “or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947)” shall cease to have effect.

F362 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

86

Textual Amendments

F362 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

F363 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

87, 88.

Textual Amendments

F363 Sch. 14 paras. 87, 88 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108) s. 156(3), Sch. 11

The M179 Town and Country Planning (Scotland) Act 1972 S

Marginal Citations

M179 1972 c. 52.

89 In section 242(1) (contributions by local authorities), for the words “local authorities” and “local authority”, where that expression first occurs, there shall be substituted respectively the words “regional or islands councils” and “regional or islands council”, and for the words “district of the local authority” there shall be substituted the words “region or islands area”.

Section 134.

X5 SCHEDULE 15 S Amendment of Enactments Relating to Building

Editorial Information

X5 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S The M180 Building (Scotland) Act 1959

Marginal Citations

M180 1959 c. 24.

1 For any reference to a buildings authority there shall be substituted a reference to a local authority.

2 Section 1 (constitution of buildings authorities) shall cease to have effect.

3 In section 2 (general provisions relating to buildings authorities)—

(a) subsections (1) to (3) shall cease to have effect;

(b) for subsection (4) there shall be substituted the following subsection—

“(4) The Secretary of State may by regulations make provision with respect to the procedure of local authorities in the exercise of their jurisdiction and functions under this Act; and such regulations may in particular provide for the matters specified in Schedule 3 to this Act.”.

4 In section 4 (relaxation of building standards regulations), in the proviso to subsection (2) for the words from “shall” to the end there shall be substituted the words “may except applications of any description”.

5 In section 6 (application of building standards regulations and building operations regulations to construction or demolition, and to change of use, of buildings) subsection (8)(a) and, in subsection(9), the words “or (b) by a local authority to demolish any building” shall cease to have effect.

6 Section 7 (minor works) shall cease to have effect.

7 In section 8 (occupation of parts of roads for deposit of materials etc.) subsection (3) shall cease to have effect.

8 In section 9 (certificates of completion) subsections (7) and (8) shall cease to have effect.

9 In section 10 (powers in relation to buildings constructed without warrant or in contravention of conditions of warrant, and buildings whose life has expired)—

(a) for any reference to a master of works there shall be substituted a reference to a local authority;

(b) in subsection (2), for the words “buildings authority may authorise the local authority to” there shall be substituted the words “local authority may” and the words “and the local authority shall thereupon be entitled to act accordingly” shall cease to have effect.

10 In section 13 (action to be taken in respect of buildings found to be dangerous)—

(a) in subsection (1) for any reference to a master of works there shall be substituted a reference to a local authority;

(b) in subsection (2) for the words after “that paragraph” there shall be substituted the words “the local authority, after giving the owner and any other person appearing to them to have an interest an opportunity to be heard, may make an order requiring the owner to execute the said operation within such period as shall be stated in the order.”;

(c) for subsection (4) there shall be substituted the following subsection—

“(4) If an order under subsection (2) above is not duly complied with, the local authority may execute the operations which the owner has failed to execute or demolish the building.”;

(d) in subsection (5) for the words from “or a” to “his functions” there shall be substituted the words “in executing their functions”.

11 In section 14 (power of local authorities to sell materials from demolished buildings) for the words from “master of works” to “authority may” there shall be substituted the words “local authority acting under section 13(1)(b) or (4) of this Act, they may”.

12 In section 18 (inspection and tests)—

(a) in subsection (1)—

(i) for the words between “this section” and “on exhibiting” there shall be substituted the words “any person authorised in writing by a local authority”,

(ii) in paragraphs (c) and (d) for the words “master of works” there shall be substituted the words “local authority”,

(iii) for paragraph (e) there shall be substituted the following paragraphs—

“(e) inspecting any building which the local authority consider should be examined in order to determine whether to exercise their powers under section 11 of this Act; or

(f) executing any operations under section 10, 11 or 13 of this Act.”;

(b) subsection (2) shall cease to have effect;

(c) in subsection (3) for the words “thereof, or by virtue of subsection (2) of this section” there shall be substituted the words “(e) or (f) thereof”;

(d) in subsection (4) the words “the buildings authority or” where they first occur and the words “or (2)” shall cease to have effect, and for the words “buildings authority or local authority as the case may be” there shall be substituted the words “local authority”;

(e) in subsection (7) the words “or subsection (2)” shall cease to have effect;

(f) in subsection (10), for the words “master of works” and “him” there shall be substituted respectively the words “local authority” and “them”, and for the proviso there shall be substituted the following proviso—

“Provided that the local authority, on application made to them, may if they think fit meet the expense of carrying out any such test as aforesaid or any part of that expense.”.

13 Section 20(2) (fees chargeable by buildings authorities) shall cease to have effect.

14 Section 21 (provisions as to master of works) shall to have effect.

15 In section 23 (inquiries) for subsection (2) there shall be substituted the following subsection—

“(2) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 shall apply to any inquiry held under this section as they apply to the inquiries specified in the said section 210.”

16 In section 25 (service of notices etc.)—

(a) in subsection (1) for the words “three hundred and forty nine of the M181 Local Government (Scotland) Act 1947” there shall be substituted the words “192 of the Local Government (Scotland) Act 1973”;

(b) in subsections (2) and (3) the words “a buildings authority or” shall cease to have effect.

Marginal Citations

M181 1947 c. 43.

17 Section 27 and Schedule 8 (transitional provisions) shall cease to have effect.

18 In section 29 (interpretation)—

(a) in subsection (1) the definitions of “buildings authority”, “burgh”, “landward area” and “master of works” shall cease to have effect and for the definition of “local authority” there shall be substituted the following definition—

““local authority” means the council of an islands area or district, except that in the case of a district situated within the Highland, Borders or Dumfries and Galloway region it means the council of that region;”;

(b) in subsection (4) for the words “a county council or a town council” there shall be substituted the words “or a local highway authority” ;

(c) subsections (6) and (7) shall cease to have effect;

(d) in subsection (8) the words “two or more buildings authorities or” and the words “such one of those buildings authorities or, as the case may be” shall cease to have effect;

(e) subsection (9) shall cease to have effect.

19 In section 30(1) (local Act provisions), the proviso shall cease to have effect.

20 Schedule 1 (enactments relating to dean of guild court functions unaffected by the Act of 1959) shall cease to have effect.

21 Schedule 2 (provisions relating to buildings authorities which are not dean of guild courts) shall cease to have effect.

22 In Schedule 6 (recovery of expenses by charging order) in paragraph 1 the words “or a master of works” shall cease to have effect.

23 In Schedule 7 (evacuation of dangerous buildings)—

(a) for the second reference to the master of works in paragraph 2 and for the reference to the master of works in paragraph 3 there shall be substituted a reference to the proper officer of the local authority;

(b) for any other reference to a master of works there shall be substituted a reference to a local authority.

24 In Schedule 9 (minor and consequential amendments) paragraphs 2 and 3 shall cease to have effect.

Part II S Other Enactments

F364 25 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F364 Sch. 15 para. 25 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F365 26 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F365 Sch. 15 Pt. II para. 26 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XI

F366 27 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F366 Sch. 15 Pt. II para. 27 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

F367 28 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F367 Sch. 15 para. 28 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6

29 S In the M182 Thermal Insulation (Industrial Buildings) Act 1957—

(a) in section 12(2) (application to Scotland) for the words from “in a burgh” to the end there shall be substituted the words “the local authority within the meaning of the Building (Scotland) Act 1959”;

(b) in sections 2 and 3(1) (as set out in their application to Scotland in sub-paragraphs (1) and (2) respectively of paragraph 6 of Schedule 9 to the M183 Building (Scotland) Act 1959), for the words “buildings authority” there shall be substituted the words “local authority”;

(c) in section 4(3) (as set out in its application to Scotland in subsection (5) of section 12 and as amended by subparagraph (3) of paragraph 6 of the said Schedule 9), for the reference to the dean of guild court and a buildings authority there shall be substituted a reference to the local authority and the words “or, as the case may be, the plans of the building were approved by the local authority” shall cease to have effect;

(d) in section 8(1) (as set out in its application to Scotland in subsection (8) of section 12), for the words from “sections three hundred” to “1947” there shall be substituted the words “sections 192 and 193 of, and paragraph 7 of Schedule 7 to, the Local Government (Scotland) Act 1973”.

Marginal Citations

M182 1957 c. 40

M183 1959 c. 24.

30 In the M184 Fire Precautions Act 1971, in section 17 (consultation by fire authorities)—

(a) in subsection (1)(ii), for the word “buildings” there shall be substituted the word “local”, and the words “section 1 of” shall cease to have effect;

(b) in subsection (2), the words “or buildings authority” shall cease to have effect.

Marginal Citations

M184 1971 c. 40

Section 135.

X6 Schedule 16 S Amendment of Enactments Relating to River Purification

Editorial Information

X6 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

M185 Rivers (Prevention of Pollution) (Scotland) Act 1951 S

Marginal Citations

M185 1951 c. 66.

1 In section 6(1) (financial provisions) for the words “counties and large burghs whose districts” there shall be substituted the words “regions whose areas” and for the words “administrative scheme of” there shall be substituted the words “order constituting”.

2 For section 10(1) (provision as to officers and servants), there shall be substituted the following subsection:—

“(1) Subject to the provisions of the order establishing the board under section 135 of the Local Government (Scotland) Act 1973 a river purification board shall appoint such officers as they think necessary for the proper discharge by the river purification board of their functions and may pay to such officers such reasonable salaries as the board may determine and shall make appropriate arrangements for the superannuation of such officers as if they were employees of a local authority and any officers so appointed shall hold office during the pleasure of the board”.

3 In section 12(1) (power to appoint agents, etc.), after the word “scheme” there shall be inserted the words “prepared in pursuance of an order under section 135(5) and (6)(b) of the Local Government (Scotland) Act 1973”.

4 For section 13 (application of local government enactments), there shall be substituted the following section:—

“(1) The following provisions of the Local Government (Scotland) Act 1973 that is to say—

(a) section 82 (Promotion of or opposition to private legislation);

(b) section 192 (Service of notices);

(c) section 202 (Procedure etc. for byelaws);

(d) section 204 (Evidence of byelaws);

(e) section 211 (Provision for default);

shall apply in relation to a river purification board as they apply in relation to a local authority, provided that in the application of the said section 202 to a river purification board for subsection (13) there shall be substituted the following subsection—

(13) The proper officer of a river purification board shall send a copy of any byelaws made by the board to the proper officer of the council of each region and district to the whole or any part of which the byelaws will apply”.

5 In section 17(2) (river purification authorities), for the words from “(a) in relation” to the end there shall be substituted the words “river purification boards established under section 135 of the Local Government (Scotland) Act 1973 and islands councils”.

6 S In section 18(3) (provision of information), for the words from “fees” to the end there shall be substituted the words “reasonable fees as may be determined by the river purification authority”.

7 In section 26 (supplementary provisions regarding byelaws), for subsection (9), there shall be substituted the following subsection—

“(9) Byelaws made by the Secretary of State under subsection (7) or (8) of this section shall have effect as if they had been made by the authority concerned and confirmed by the Secretary of State”.

8 In section 29(4) (application of Act to tidal waters), the words from “subject” onwards shall cease to have effect.

F368 9 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F368 Sch. 16 para. 9 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii)

9 In section 30(2) (local inquiries), for the words “subsections (2) to (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947” there shall be substituted the words “Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973”.

10 In section 35(1) (interpretation), in the definition of “local authority” for the words “county or town” there shall be substituted the words “regional, islands or district” and in the definitions of “river purification board” and “river purification board area” for the words “section two of this Act” there shall be substituted the words “section 135 of the Local Government (Scotland) Act 1973”.

Section 148.

X7 SCHEDULE 17 U.K. Amendment of Enactments relating to Water

Editorial Information

X7 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

General S

[F369 1 (1) Notwithstanding any other provision of this Act or any order made thereunder, any reference in any enactment, order, scheme, regulations, awards or byelaws passed or made before the coming into force of this Act—

(a) in unspecified terms to a regional water board or the region of such a board (or any expression construed as such a reference by virtue 6 of paragraph 2 of Schedule 2 to the M186 Water (Scotland) Act 1967) or to a constituent board shall be construed respectively as a reference to a water authority or to the limits of supply of such an authority or to a constituent water authority;

(b) to a particular regional water board or the region of such a board (or any expression construed as aforesaid) shall be construed respectively as a reference to the water authority responsible for the water undertaking to which the enactment relates or to the limits of supply of such an authority.

(2) If there is any doubt as to the identity of the water authority referred to in sub-paragraph (1)(b) above, that authority shall be taken to be such authority as may be specified in a direction given by the Secretary of State.]

Textual Amendments

F369 Para. 1 substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 56(a)

Marginal Citations

M186 1967 c. 78.

The Rural Water Supplies and Sewerage Act 1944 S

2 In section 7(2) (application to Scotland) in the substituted section 1(6)(a) for the words “burgh or county” there shall be substituted the words “region or islands area”.

F370 3—63. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F370 Sch. 17 paras. 3–63 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

[F371 The Water Act 1973] U.K.

Textual Amendments

F371 Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I

[F372 64 U.K. In the Water Act M187 1973 any reference to a regional water board shall be construed as a reference to water authority.]

Textual Amendments

F372 Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I

Marginal Citations

M187 1973 c. 37

Section 150.

X8 SCHEDULE 18 S Amendment of certain Enactments Relating to Transport

Editorial Information

X8 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S Amendment of the M188 Transport Act 1968

Marginal Citations

M188 1968 c. 73.

1 S In section 9 (Passenger Transport Areas, Authorities and Executives), the following amendments shall be made—

F373 (a)—(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in subsection (5), for the words “constituent areas” there shall be substituted the words “each of the districts comprised in the region in which the designated area is situated”;

F373 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F373 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

2 S In section 10 (powers of Executive), the following amendments shall be made—

(a) in subsection (1)(xvi), the words “and the consent of the Minister” shall cease to have effect;

(b) for the word “county”, in both places where it occurs, there shall be substituted the word “region”.

3 S In section 11 (financial duty of Passenger Transport Executives) in subsection (1), for the words “section 13(3)” there shall be substituted the words “section 13(2)” and after subsection (3) there shall be inserted the following subsection:—

“(3A) Without prejudice to any power of the Executive to establish specific reserves, the Executive may establish and maintain a general reserve, and the Authority may give to the Executive directions as to any matter relating to the establishment or management of any such general reserve and the carrying of sums to the credit thereof, or the application thereof; but no part of the moneys comprised in such a general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs.”

4 S Section 11(4) shall cease to have effect.

5 S For section 13 there shall be substituted the following section—

“13 Power of regional councils to make grants.

(1) Without prejudice to any other power of a regional council to make grants for transport purposes, a regional council who are the Authority shall have power to make grants to the Executive for any purpose.

(2) The regional council shall from time to time by notice in writing to the Executive specify the amount of the grants which the council propose to make to the Executive in respect of expenditure incurred during any accounting period.”.

6 S In section 14 (accounts of Executive), the following amendments shall be made—

(a) in subsection (1)(b), for the word “Minister” there shall be substituted the word “Authority”;

(b) in subsection (3), after the word “Minister” there shall be inserted the word “and” and the words “and to each of the councils of constituent areas” shall be omitted.

7 S In section 15 (further functions of Authority), the following amendments shall be made—

(a) in subsection (1), for paragraphs (b) and (c) there shall be substituted the following paragraphs:—

“(b) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;

(c) any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account”.

(b) in subsection (2), for the words from “to be raised” to “of this Act” there shall be substituted the words “of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act”.

F374 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F374 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

8 S After section 15 there shall be inserted the following section:—

“15A Additional provisions as to control of executive by Authority.

(1) In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act.

(2) The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require.

(3) The Authority may from time to time cause a review to be made of the organisation of the Executive’s undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive’s undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority.”.

9 S In section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words “as the Minister may direct” there shall be substituted the words “as the Authority consider appropriate” and in the said section 16, in subsection (2), the words from “and (d)” onwards, and subsections (3), (4) and (5) shall cease to have effect.

F375 10, 11. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F375 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

12 S In section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word “Minister” there shall be inserted the words “or an Authority for a designated area”.

13 S In section 26(1)(b) (powers of Scottish Group), for the words from “counties” onwards there shall be substituted the words “Highland region, the islands areas of Orkney, Shetland and the Western Isles, the Argyll district and in the Cunninghame district the former burgh of Millport and the former districts of Arran and Cumbrae.”.

14 S For section 34 there shall be substituted the following section—

“34 Assistance for rural bus or ferry service.

(1) A regional, islands or district council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(2) A regional or islands council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any ferry service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(3) The Secretary of State may, with the approval of the Treasury, make grants in such cases and subject to such conditions as he thinks fit to any of the councils aforesaid in respect of expenditure incurred by that council in making grants under subsection (1) or (2) above, and any grant under this subsection in respect of expenditure in connection with a bus service shall be of an amount equal to half the expenditure in respect of which the grant is made.

(4) The Secretary of State may, with the approval of the Treasury make grants in such cases and subject to such conditions as he thinks fit to regional or islands councils in respect of expenditure incurred by such a council in providing a ferry service which in the opinion of the council is or will be for the benefit of persons residing in rural areas.”.

15 S In section 35(1)(b)(iv), for the words “county or town” there shall be substituted the words “regional, islands or district”.

16 S In section 56(6)(d), for the words “county, town or district” there shall be substituted the words “regional or islands”.

17 S Section 58 shall be omitted.

F376 18 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F376 Sch. 18 para. 18 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2 (with transitional provisions in Sch.)

19 S For section 115(3) there shall be substituted the following subsection—

“(3) In sections 109, 112 and 113 of this Act “local authority” means a regional or islands council and in section 114 of this Act means a regional, islands or district council.”.

F377 20 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F377 Sch. 18 para. 20 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8

21 F378 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

(2) In Part II of that Schedule, in paragraph 1, for the words “establishment of that Authority” there shall be substituted the words “area has been designated”, and in paragraph 2, for the words “any of the councils of constituent areas”, in each place where they occur, there shall be substituted the words “the regional council for the designated area”.

(3) In Part III of that Schedule, in paragraph 1, for the words “dates on which the Authority and Executive respectively are”, there shall be substituted the words “date on which the Executive is”; and there shall be omitted from the remainder of that Part of that Schedule—

(a) paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17;

(b) in paragraphs 6, 7 and 9 the words “the Authority and” and “respectively”, in each place where they occur;

(c) in paragraph 8 the words “the Authority or” and “the Chairman of the Authority, or as the case may be”;

(d) in paragraph 11, the words “the Authority or” in subparagraph (a) and “the Authority” in sub-paragraph (b); and

(e) in paragraph 13, the words “the Authority or”, in both places where they occur, and “the Authority” where those words last occur.

Textual Amendments

F378 Sch. 18 para. 21(1) repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

Part II S Amendment of Miscellaneous enactments Relating to Transport

The M189 Light Railways Act 1896 S

Marginal Citations

M189 1896 c. 48.

22 S In section 26(2), for the words from “to the county” onwards there shall be substituted the words “to a regional, islands or district council”.

The M190 Road Traffic Act 1930 S

Marginal Citations

M190 1930 c. 43.

23 S In section 108(1), in the definition of “district”, for the words from “county” onwards there shall be substituted the words “region or islands area”.

24 S In section 109(a), for the words “the Town Council of a burgh” there shall be substituted the words “a regional or islands council”.

The M191 Transport Charges Etc. (Miscellaneous Provisions) Act 1954 S

Marginal Citations

M191 1954 c. 64.

25 S In section 6(1)(c) (revision of charges by independent harbour undertakings), for the words from “or an undertaking” to “applies” there shall be substituted the words “or a ferry undertaking which is operated by or on behalf of a Passenger Transport Executive or a regional or islands council or two or more such councils acting in combination”.

F379 26 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F379 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

F380 27, 28. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F380 Sch. 18 paras. 27, 28 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8

The M192 Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 S

29 In section 7(1), in the definition of “local authority”, for the words “county” onwards there shall be substituted the words “regional, islands or district council”.

Marginal Citations

M192 1958 c. 50.

F381 30—35. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F381 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

36 S In section 156(4), for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

Section 154

X9 Schedule 19 S Amendment of Enactments Relating to Piers, Harbours, Etc.

Editorial Information

X9 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

The M193 Harbours, Docks and Piers Clauses Act 1847 S

Marginal Citations

M193 1847 c. 27.

F382 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F382 Sch. 19 para. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1

2 S In section 7 (correction of errors), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the regional or islands council within whose area the lands are situated”.

3 S In section 8 (works not to proceed unless plans deposited), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the council of any region or islands area” and for the words “royal burghs” there shall be substituted the words “areas of such councils”.

4 S In section 9 (receipt and inspection of plan), for the words “schoolmasters and town clerks” there shall be substituted the words “and proper officers”.

The M194 General Pier and Harbour Act 1861, Amendment Act 1862 S

Marginal Citations

M194 1862 c. 19.

F383 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F383 Sch. 19 para. 5 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch.

The M195 Congested Districts (Scotland) Act 1897 S

Marginal Citations

M195 1897 c. 53.

6 S In section 10 (definitions), in the definition of “congested district”, for the words from “any crofting”, onwards there shall be substituted the words “any place within the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

The M196 Harbours, Piers and Ferries (Scotland) Act 1937 S

Marginal Citations

M196 1937 c. 28.

7 S For section 1(2) (transfer of harbours to local authorities), there shall be substituted the following subsection:—

“(2) A local authority may accept a transfer of a marine work which is wholly or partly situated within their area, but where the marine work is partly situated within the area of another local authority they may only do so with the agreement of that other authority, or failing such agreement, with the consent of the Secretary of State.”

F384 8 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F384 Sch. 19 para. 8 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch.

9 S In section 7(1)(b) (minor works), for the words from “any of” to “therein” there shall be substituted the words “the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

10 S For section 18 (responsibility for deficiency), there shall be subtituted the following section:—

“18 Responsibility for deficiency.

Any deficiency which is required to be met out of rates in pursuance of section 16 of this Act shall be met by the regional or islands council in whom the marine work is vested, or in the case of a marine work vested in two or more such councils in combination, by those councils in such proportions as may be fixed by the combination agreement.”

11 S In section 21 (borrowing), the following amendments shall be made—

(a) in subsection (1), for the words “county or town council” there shall be substituted the words “local authority”;

(b) in subsection (3), for the words “county or town council” there shall be substituted the words “local authority”.

12 S In section 31(1) (interpretation), in the definition of “harbour authority”, for the words “pier or ferry” there shall be substituted the words “or pier” and, in the definition of “local authority”, for the words “county or a town” there shall be substituted the words “regional or islands”.

13 S For Schedule 3 there shall be substituted the following Schedule:—

“Schedule 3 S

The Clyde Port Authority.

The Forth Ports Authority.

The Aberdeen Harbour Commissioners.

The Trustees of the Harbour of Dundee.”

The M197 Highlands and Islands Shipping Services Act 1960 S

Marginal Citations

M197 1960 c. 31.

14 S In section 5 (interpretation), in the definition of “Highlands and Islands” for the word “counties” there shall be substituted the word “areas” and the words from “inclusive” onwards shall cease to have effect.

15 S For the Schedule there sball be substituted the following Schedule:—

“Schedule S Areas to which Section One Applies

The Highland Region. S

The Islands Areas of Orkney, Shetland and the Western Isles.

Argyll District S

In the Cunninghame District, the former burgh of Millport, and the former districts of Arran and Cumbrae.”

The M198 Harbours Act 1964 S

Marginal Citations

M198 1964 c. 40.

16 S In section 57(1) (interpretation), in the definition of “marine work”, the following amendments shall be made—

(a) for the words from “means” to “1937” there shall be substituted the words “means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group)”;

(b) in paragraph (b), for the words from “counties” to “Zetland” there shall be substituted the following words “areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute” and for the word “counties” where second occurring, there shall be substituted the word “areas”.

Section 161.

SCHEDULE 20 S Arrangements for Discharge of Social Work Functions

Modifications etc. (not altering text)

C260 Sch. 20 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 4(5), 5(5)

C261 Sch. 20 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2)

1 Subject to the provisions of section 161 of this Act and of any other express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their social work functions by their social work committee, a sub-committee of that committee, an officer of the authority or by any other local authority in Scotland.

2 Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by their social work committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority.

3 Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by another local authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

(a) the foregoing provision shall have effect subject to the terms of any arrangement relating to the functions; and

(b) that other authority shall not, by virtue of this paragraph, arrange for the discharge of those functions by some other local authority.

4 Any arrangement made by a local authority or by a social work committee under this Schedule for the discharge of any functions by a social work committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

5 A local authority may arrange for the discharge of any of their social work functions jointly with one or more other local authorities and, where arrangements are in force for them to do so—

(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and paragraph 2 above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

6 For the purpose of discharging any functions of a local authority in pursuance of arrangements made under paragraph 5 above, a local authority may jointly with one or more other local authorities appoint a joint committee.

7 For the purpose of discharging any functions of a local authority in pursuance of arrangements made under this Schedule, a social work committee or any joint committee appointed under paragraph 6 above may appoint one or more sub-committees.

8 Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.

9 A joint committee appointed under paragraph 6 above and a sub-committee appointed under paragraph 7 above, may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities or, in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.

[F385 10 At least two-thirds of the members appointed to a joint committee appointed under paragraph 6 above shall be members of the appointing authorities.]

Textual Amendments

F385 Sch. 20 para. 10 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(d), 194(4), 195(2), Sch. 12 Pt. II

11 Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

Section 163.

SCHEDULE 21 S Amendment of Enactments Relating to Public Libraries, Museums and Art Galleries

The M199 Public Libraries Consolidation (Scotland) Act 1887 S

Marginal Citations

M199 1887 c. 42.

1 S The whole Act shall cease to have effect except sections 1, 2, 3, 10, 21, 22, 24, 28, 31 and 32 which shall have effect subject to amendments thereto set out in the following provisions of this Schedule.

X10 2 S For section 2 (definitions) there shall be substituted the following section—

“2 Interpretation.

In this Act, except where the context otherwise requires—

“library authority” for the purposes of this Act means an islands or district council except that within the Highland, Borders and Dumfries and Galloway regions it means the appropriate regional council, and “area”, in relation to such an authority, shall be construed accordingly.

“museum and art gallery authority” for the purposes of this Act means a regional, islands or district council, and “area”, in relation to such an authority, shall be construed accordingly.”.

Editorial Information

X10 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

X11 3 S In section 10 (lands, etc., may be purchased or rented)—

(a) for the words “magistrates and council or board” there shall be substituted the words “library authority or museum and art gallery authority”;

(b) for the words “schools for science, art galleries, and schools for art” there shall be substituted the words “and art galleries”.

Editorial Information

X11 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

X12 4 S In section 21 (powers of committee)—

(a) for any reference to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority, whichever is appropriate in the context;

(b) for the words “and museums” and “or museums”, wherever they occur, there shall be substituted the words “or museums or art galleries”;

(c) the first and second paragraphs shall cease to have effect;

(d) in the third paragraph, after the word “science” there shall be inserted the words “gramophone records, tape recordings and films”;

(e) in the seventh paragraph, for the words from “for the purpose of” to “appointed” there shall be substituted the words “to inhabitants of the area of the authority”, for the words “burgh or parish”, wherever else they occur, there shall be substituted the word “area” and the words “may not be a householder, and” shall cease to have effect.

Editorial Information

X12 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

X13 5 S In section 22 (power of committee to make byelaws)—

(a) for the first two references to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority;

(b) the words between “Scotland” and “and shall” shall cease to have effect;

(c) for the words from “of the county” to “situated” there shall be substituted the words “exercising jurisdiction in the area of the authority”;

(d) for the words “magistrates and council, or board” where they last occur, there shall be substituted the words “library authority or museum and art gallery authority”;

Editorial Information

X13 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

X14 6 S For section 24 (exhibition of byelaws previous to confirmation), there shall be substituted the following section—

“24 Exhibition of byelaws and proposed byelaws.

A copy of proposed byelaws and a copy of byelaws which have been made by a library authority or a museums and art gallery authority under section 22 of this Act shall be put up in some conspicuous place in each of the libraries, or, as the case may be, the museums or art galleries, of the authority.”

Editorial Information

X14 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

X15 7 S In section 28 (recovery of penalties and forfeitures)—

(a) for the words from “name of” to “district” there shall be substituted the words “name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority”;

(b) for any reference to the committee there shall be substituted a reference to the library authority or museum and art gallery authority;

(c) the words “clerk or other” shall cease to have effect.

Editorial Information

X15 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

The M200 Public Libraries (Scotland) Act 1920 S

Marginal Citations

M200 1920 c. 45.

X16 8 S The whole Act shall cease to have effect.

Editorial Information

X16 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

The M201 Public Libraries (Scotland) Act 1955 S

Marginal Citations

M201 1955 c. 27.

X17 9 S Section 3 (revocation of decision to adopt the principal Act) shall cease to have effect.

Editorial Information

X17 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

X18 10 S In section 5(1) (interpretation), for the definition of “statutory library authority” there shall be substituted the following definition—

““statutory library authority” means a library authority as defined in section 2 of the Public Libraries Consolidation (Scotland) Act 1887 or any body authorised by any other enactment (including any enactment contained in a local Act) to provide library services”.

Editorial Information

X18 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

The M202 Education (Scotland) Act 1962 S

Marginal Citations

M202 1962 c. 47.

X19 11 S In section 12(1) (county library service)—

(a) the words “of a county”, the words “not only” and the words from “but also” to the end shall cease to have effect;

(b) for the words “the education” there shall be substituted the words “an education”.

(c) for the words “in the county” there shall be substituted the words “in the region or islands area, as the case may be”.

Editorial Information

X19 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

The M203 Education (Scotland) Act 1969 S

Marginal Citations

M203 1969 c. 49

X20 12 S In section 2(1) (provision of museums by education authorities), the words “(other than the town council of a burgh being a county of a city)” shall cease to have effect, and, in paragraph (e), for the words from “the town” to the end there shall be substituted the words “any other body”.

Editorial Information

X20 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Section 172.

SCHEDULE 22 S Planning Functions

Part I S Regional Planning Functions

Description of functions	Provisions of the Act of 1972
1. Survey and structure plans.	Sections 4 to 8. [F386 Sections 14 to 18 and 265, in so far as they relate to structure plans.]
2. Acquisition, appropriation, disposal and development of land in connection with functions exercised by general and regional planning authorities.	Sections 102 and 109 to 114.
3. Other functions relating to land and buildings in connection with functions exercised by general and regional planning authorities.	Sections 117 to 120.
4. Exercise of reserve powers in place of district planning authorities.

Textual Amendments

F386 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 27

Part II S District Planning Functions

1. Local plans.	Sections 9 to 13. [F387 Sections 14 to 18 and 265, in so far as they relate to local plans.]
2. Planning permission.	Sections 22 to 43 and 51.
3. Additional powers of control.	Sections 49 and 50.
4. Additional control in special cases.	Part IV.
5. . . . F388
6. Acquisition and appropriation of land and related provisions in connection with functions exercised by general and district planning authorities.	Part VI.
7. Stopping up, etc., of footpaths and bridleways.	[F389 Sections 198A and 199]
8, 9. . . . F388
10. Designation of conservation areas.	Section 262.

Textual Amendments

F387 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(a)

F388 Sch. 22 Pt. II paras. 5, 8, 9 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F389 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(b)

Section 184.

X21 Schedule 23 S Amendment of Enactments Relating to Planning

Editorial Information

X21 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F390 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F390 Sch. 23 para. 1 repealed by Ancient Monuments and Archaeological Areas Act (c. 46), Sch. 5

The M204 Caravan Sites and Control of Development Act 1960 S

Marginal Citations

M204 1960 C. 62.

2 S In section 32(1) (application of Part I to Scotland), the following amendments shall be made—

F391 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (k)(i), for the words from “in relation” to “county council” there shall be substituted the words “a general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.

Textual Amendments

F391 Sch. 23 para. 2(a) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

The M205 Town and Country Planning (Scotland) Act 1947 S

Marginal Citations

M205 1947 c. 53

3 S In section 113(1) (interpretation), the following amendments shall be made—

(a) in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”;

(b) in the definition of “planning authority”, for the words “section 2 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”.

The M206 Town and Country Planning (Scotland) Act 1959 S

Marginal Citations

M206 1959 c. 70.

4 S In section 27 (powers of disposal of land), the following amendments shall be made—

(a) for subsection (4) there shall be substituted the following subsection—

“(4) Subject to the provisions of this Act, section 74(2) of the Local Government (Scotland) Act 1973 (consideration for disposal of land) shall apply to any disposal of land by an authority to whom this Part of this Act applies in the exercise of a power in relation to which subsection (1) of this section has effect (not being a power under Part VI of the said Act of 1973) as it applies to the like disposal of land by a local authority in the exercise of any power under the said Part VI.”

(b) in subsection (5)(c), for the words from “subsection” to “1947” there shall be substituted the words “section 75(1) of the Local Government (Scotland) Act 1973”.

5 S In Schedule 4 (Authorities to whom Part II applies), the following amendments shall be made—

(a) in paragraph 1, for the word “1947” there shall be substituted the word “1973”;

(b) in paragraph 2, for the word “1947”, where first occurring, there shall be substituted the word “1973”;

F392 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for paragraph 4 there shall be substituted the following paragraph—

“4 A river purification authority for the purposes of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965.”

Textual Amendments

F392 Sch. 23 para. 5(c) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

The M207 Civic Amenities Act 1967 S

Marginal Citations

M207 1967 c. 69.

6 In section 5(b) (application of sections 1 and 2 of Local Authorities (Historic Buildings) Act 1962 to Scotland), in the definition of “local authority”, for the words from “local” onwards there shall be substituted the words “regional, islands or district council” and, in the definition of “planning authority”, for the word “1947” there shall be substituted the word “1972”.

The M208 New Towns (Scotland) Act 1968 S

Marginal Citations

M208 1968 c. 16.

7 S In section 6(1) (planning control in new towns), for the words “local planning” there shall be substituted the words “district planning”.

8 S In section 23(2)(i) (extinguishment of public rights of way), for the words “local planning” there shall be substituted the words “district planning” and after the word “situated” there shall be inserted the words “and on any other local authority who appear to him to be concerned”.

9 S In section 35(2) (development corporations may transfer undertaking), for the words “county or burgh” there shall be substituted the words “region, islands area or district”.

10 S In section 36(2)(a)(i) (winding up of development corporations), for the words “county or town council of the burgh” there shall be substituted the words “region, islands area or district”.

11 S In section 41(2) (application of certain enactments), for the words “county council” there shall be substituted the words “regional or islands council concerned”.

12 S In section 47(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”, in the definition of “local highway authority”, for the words from “a highway” onwards there shall be substituted the words “a regional council”, in the definition of “planning authority”, for the word “1947” there shall be substituted the word “1972” and at the appropriate place in alphabetical order there shall be inserted the following definitions—

““regional planning authority” and “district planning authority” have the meanings assigned to them by Part IX of the Local Government (Scotland) Act 1973;”.

13 S In Schedule 1 (procedure for designating site of new town), in paragraph 2, for the words “county or on the town council of the burgh” there shall be substituted the words “region, islands area or district”.

F393 14 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F393 Sch. 23 para. 14 repealed by Industrial Development Act 1982 (c. 52), s. 19, Sch. 2 Pt. I para. 1 Sch. 3

F394 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F394 Sch. 23 para. 15 repealed by Town and Country Amenities Act 1974 (c. 32), Sch.

The M209 Town and Country Planning (Scotland) Act 1972 S

Marginal Citations

M209 1972 c. 5.

16 In section 13(1) (alteration of local plans), after the word “authority” there shall be inserted the words “shall keep under review any local plan adopted by them and”.

17 In section 15(1) (default powers of Secretary of State), the following amendments shall be made—

(a) after the words “this Act” there shall be inserted the words “or of the provisions of Part IX of the Local Government (Scotland) Act 1973”;

(b) after paragraph (b) there shall be inserted the words “the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or”.

18 In section 43 (unopposed revocation or modification), the following amendments shall be made—

(a) in subsection (1), the words from “and (b)” onwards shall cease to have effect;

(b) in subsection (3), the words from “and the notice” onwards shall cease to have effect.

19 In section 52(4) (lists of buildings of special interest), for the words from “any local” to “planning authority” there shall be substituted the words “any regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.

20 In section 63(3) (maintenance of waste land), for the words “section 88” there shall be substituted the words “sections 85 and 88”.

21 In section 102 (compulsory acquisition of land), the following amendments shall be made—

(a) in subsection (3), for the words from “in a county” onwards there shall be substituted the words—

“in a region, consult with the regional council;

(b) where the land is in an islands area, consult with the islands council;

(c) where the land is in a district, consult with the district council.”;

(b) in subsection (5), for the words from “the councils” onwards there shall be substituted the words “regional, islands and district councils”.

22 In section 107 (minimum compensation), the following amendments shall be made—

(a) in subsection (1), for the words from first “include” onwards there shall be substituted the words “make a direction for minimum compensation”;

(b) in subsection (3), the words “application for” shall cease to have effect;

(c) in subsection (5), for the words from “include” to first “for” there shall be substituted the word “make”, and for the words from “application” to “refused” there shall be substituted the words “direction for minimum compensation be reversed”.

23 In section 109(1)(c) (acquisition of land by agreement), for the words “the Secretary of State” there shall be substituted the word “them”.

24 In section 111(3) (appropriation of land), for the words from the beginning to “1947” there shall be substituted the words “Section 73 of the Local Government (Scotland) Act 1973”.

25 In section 115(3) (provisions as to features and buildings of architectural and historic interest), for the word “preservation”, in both places where it occurs, there shall be substituted the word “preserving”.

26 In section 153(1) (compensation where planning permission revoked or modified), the words from “(other” to “State)” shall cease to have effect.

27 In section 201(9) (extinguishment of right to use vehicles on highway), for the words “county councils and town” there shall be substituted the words “regional, islands and district” and after the words “planning authority” there shall be inserted the words “exercising district planning functions”.

28 In section 202(5) (amenity for highway reserved to pedestrians), for the words “county councils and town” there shall be substituted the words “regional, islands and district” and after the words “planning authority” there shall be inserted the words “exercising district planning functions”.

29 In section 243 (assistance for acquisition of property), for the words from “county” to “town” there shall be substituted the words “regional, islands or district”.

30 In section 250(3) (borrowing by local authorities), for the words “XII” and “1947” there shall be substituted respectively the words “VII” and “1973”.

31 In section 260(6)(a) (default powers), for the words from “the council” to “burgh” there shall be substituted the words “a local authority” and for the word “council” there shall be substituted the word “authority”.

32 In section 275(1) (interpretation), the following amendments shall be made—

(a) for the definition of “local authority” there shall be substituted the following definition—

““local authority” means a regional, islands or district council;”;

(b) in the definition of “planning authority”, for the words “section 1 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”;

(c) there shall be inserted, at the appropriate place in alphabetical order, the following definition—

““district planning functions” has the meaning assigned to it by section 172 of the Local Government (Scotland) Act 1973;”.

33 In Schedule 10 (control of works on listed buildings), in paragraph 15, for the words “local authority” there shall be substituted the words “planning authority”.

34 In Schedule 18 (orders relating to footpaths etc.), in paragraph 1(2)(b)(ii), for the words “county or town council” there shall be substituted the words “local authority”.

Sections 186, 187, 188.

X22 Schedule 24 S Amendment of Enactments Relating to Licensing, etc.

Editorial Information

X22 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S

F395 1—24. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F395 Sch. 24 Pt. I repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8

Part II S Betting, Gaming and Lotteries

The M210 Betting, Gaming and Lotteries Act 1963 S

Marginal Citations

M210 1963 c. 2.

25 (1) In Schedule 1 (Bookmaker’s Permits, betting agency Permits and betting office licences), in paragraph 1(b) the words “ or 2 ” shall cease to have effect. S

(2) In paragraph 2 of that Schedule, in the definition of “appropriate local authority” for sub-paragraph (b), there shall be substituted the following sub-paragraph—

“(b) in Scotland,

(i) where the relevant premises are, or are to be, situated in an islands area, the council for that area;

(ii) in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;”.

26 S In Schedule 2 (Registered pool promoters), in paragraph 1(1)(b), for the words “any county or large burgh” there shall be substituted the words “ an islands area or district ”; and paragraph 1(2), (3), (4) and (6) and paragraphs 2 and 3 shall cease to have effect.

27 (1) In Schedule 3 (Licensing of tracks for betting), in paragraph 1 for the words “Paragraphs 1, 2 and 3” there shall be substituted the words “ Paragraph 1 ”, in head (b) of that paragraph for the words “those paragraphs” there shall be substituted the words “ that paragraph ”, and in head (b) of paragraph 2 the words “ or committee ”shall cease to have effect. S

(2) In paragraph 5(2)(b) of that Schedule, for sub-heads (i) and (ii), there shall be substituted the following—

“(i) the council of any islands area or district within which the track or any part thereof is situated; and

(ii) the general planning authority or district planning authority for any area which includes the track or any part thereof;”;

and at the end of sub-paragraph (2) there shall be inserted the following words “ and for the purposes of this and the next succeeding paragraph “general planning authority” and “district planning authority” have the meanings conferred on them by section 172 of the Local Government (Scotland) Act 1973. ”.

(3) For paragraph 6(3) of that Schedule there shall be substituted the following sub-paragraph—

“(3) The authorities referred to in sub-paragraph (1)(e) of this paragraph are—

(a) the general planning authority or district planning authority for any area which includes the track or any part thereof;

(b) the council of any region (not being a general planning authority) which includes the track or any part thereof;

(c) any other local authority whose area adjoins any district which includes the track or any part thereof,

where that authority or council are not the licensing authority.”

F396 28, 29. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F396 Sch. 24 Pt. II paras. 28, 29 repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

The M211 Gaming Act 1968 S

Marginal Citations

M211 1968 c. 65.

30 S In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for the words “a county council, town council” there shall be substituted the words “ a regional council, islands council ”.

31 S In Schedule 2 (Grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for paragraph (b) there shall be substituted the following—

“(b) in Scotland,

(i) where the relevant premises are, or are to be, situated in an islands area, the council for that area;

(ii) in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;”.

32 S In Schedule 9 (Permits under section 34), in paragraph 1(d), for the words from “where” to “county” there shall be substituted the words “ means the council of the islands area or district ”; and paragraph 2 shall cease to have effect.

Part III S Miscellaneous Licensing, Registration and Related Matters

F397 33 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F397 Sch. 24 para. 33 repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3

The M212 Performing Animals (Regulation) Act 1925 S

Marginal Citations

M212 1925 c. 38.

34 S In section 6(a)(definition of local authority), for the words “a county council or a town council”; there shall be substituted the words “ an islands or district council ” and the words from “ and any expenses ” onwards shall cease to have effect.

F398 35 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F398 Sch. 24 Pt. III para. 35 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Sch. 7 Pt. IV

The M213 Methylated Spirits (Sale by Retail) (Scotland) Act 1937 S

Marginal Citations

M213 1937 c. 48.

36 In section 6, in the definition of “local authority”, for the words from “in the case of” onwards there shall be substituted the words “ an islands or district council ”.

The M214 House to House Collections Act 1939 S

Marginal Citations

M214 1939 c. 44.

37 S In section 10 (application to Scotland), for paragraph (a) there shall be substituted the following paragraph:—

“(a) sections 1, 2 and 4 shall apply as if for references to the police authority for the police area comprising a locality and to the chief officer of police of such an area there were substituted respectively references to the islands or district council for the area comprising a locality and to the proper officer of such a council;”

and paragraph (e) shall cease to have effect.

The M215 War Charities Act 1940 S

Marginal Citations

M215 1940 c. 31.

38 S In section 12 (application to Scotland), for paragraph (e) there shall be substituted the following paragraph:—

“(e) section 7 shall apply as if for the words in subsection (1), “a police authority”, there were substituted the words “ a regional or islands council ” and for the words “the authority” there were substituted the words “ the council ”; and as if for the words in subsection (2) “chief officer of police for the police area” there were substituted the words “ proper officer of the council of the region or islands area ””;

and in paragraph (g) for the words “county or town council” there shall be substituted the words “ regional or islands council ”.

The M216 Pet Animals Act 1951 S

Marginal Citations

M216 1951 c. 35.

39 S In section 7(3), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The M217 Hypnotism Act 1952 S

Marginal Citations

M217 1952 c. 46.

40 S In section 2(4)(b) (meaning of controlling authority), for the words “the council of the county or burgh” there shall be substituted the words “ the islands or district council for the area ”.

The M218 Animal Boarding Establishments Act 1963 S

Marginal Citations

M218 1963 c. 43.

41 S In section 5(2) (interpretation), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The M219 Riding Establishments Act 1964 S

Marginal Citations

M219 1964 c. 70.

42 S In section 6(4), in the definition of “local authority”, for the words “county or any burgh” there shall be substituted the words “ islands area or district ”.

The M220 Local Government (Scotland) Act 1966 S

Marginal Citations

M220 1966 c. 51.

43 S In section 44 (game licences), for the words “local authorities” in both places where they occur, there shall be substituted the words “ islands and district councils ”.

M221 Sale of Venison (Scotland) Act 1968 S

Marginal Citations

M221 1968 c. 38.

44 S In section 3 (interpretation), for the definition of “local authority”, there shall be substituted the following definition—

““local authority”means an islands or district council;”.

The M222 Theatres Act 1968 S

Marginal Citations

M222 1968 c. 54.

45 S In section 15(1) (powers of entry), the words from “ and in relation ” onwards shall cease to have effect, and in section 18(1) (interpretation), in the definition of “licensing authority”, in paragraph (c), for the words from “as respects” onwards there shall be substituted the words “ the islands or district council. ”.

The M223 Vehicle and Driving Licences Act 1969 S

Marginal Citations

M223 1969 c. 27.

F399 46 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F399 Sch. 24 para. 46 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 1

The M224 Poisons Act 1972 S

Marginal Citations

M224 1972 c. 66.

47 S In section 11(2), in the definition of “local authority”, for paragraph (b) there shall be substituted the following paragraph—

“(b) in relation to Scotland, the council of a region or islands area;”.

Section 209.

X23 Schedule 25 S Relaxation of Controls

Editorial Information

X23 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M225 Roads and Bridges (Scotland) Amendment Act 1892 S

Marginal Citations

M225 1892 c. 12.

1 S Section 5 (preservation of lands from injury) shall cease to have effect.

The M226 Burgh Police (Scotland) Act 1892 S

Marginal Citations

M226 1892 c. 55.

2 S In section 396 (terms of licence for theatres, etc.) for the words from the beginning to “£5” there shall be substituted the words “ A reasonable fee set by the issuing authority shall be payable for each licence ”.

3 S In section 433 (brokers’ licences), for the words “sum not exceeding two shillings and sixpence” there shall be substituted the words “ reasonable sum set by the issuing authority ”.

The M227 Burgh Police (Scotland) Act 1903 S

Marginal Citations

M227 1903 c. 33.

4 S In section 81 (licensing of billiard halls), for the words from “fee” to “shillings” there shall be substituted the words “ reasonable fee set by the issuing authority shall be payable ”.

5 S In section 98(2) (application of Parts I and II), the words from “ intimated ” to “ Scotland and ” shall cease to have effect.

The M228 Milk and Dairies (Scotland) Act 1914 S

Marginal Citations

M228 1914 c. 46.

6 S In section 28 (milk depots), the words “ subject to the consent of the Board ” shall cease to have effect.

The M229 Performing Animals (Regulation) Act 1925 S

Marginal Citations

M229 1925 c. 38.

7 S In section I (restriction on exhibition, etc., of performing animals), the following amendments shall be made—

(a) in subsection (2), for the words “the prescribed fee” there shall be substituted the words “ such fee as appears to the local authority to be appropriate ”;

(b) in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur, shall cease to have effect;

(c) in subsection (7), the words “ subject to payment of the prescribed fee ” shall cease to have effect;

(d) at the end there shall be added the following subsection—

“(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them.”

8 S In section 5(3) (interpretation etc.), the words from “ and the fee ” onwards shall cease to have effect.

The M230 Roads Improvement Act 1925 S

Marginal Citations

M230 1925 c. 68.

9 S In section 5 (prescription of building lines), paragraph (a) of the proviso shall cease to have effect.

The M231 Slaughter of Animals (Scotland) Act 1928 S

Marginal Citations

M231 1928 c. 29.

10 S In section 2(5) (fees for licences), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ” shall cease to have effect.

The M232 Bridges Act 1929 S

Marginal Citations

M232 1929 c. 33.

11 S In section 7(3) (arbitrations, etc.), the words from “ and any question ” onwards shall cease to have effect.

12 S In section 10 (rules of procedure), subsections (1) and (2) shall cease to have effect.

The M233 Road Traffic Act 1930 S

Marginal Citations

M233 1930 c. 43.

13 S In section 53 (tolls), the following amendments shall be made—

(a) in subsection (2)(b), the words from “ but a right ” onwards shall cease to have effect;

(b) in subsection (6), the words “ subject to the approval of the Minister ” shall cease to have effect.

14 S In section 56 (removal of structures from highways, the following amendments shall be made—

(a) subsection (2) shall cease to have effect;

(b) in subsection (3), the words from “ or if ” onwards shall cease to have effect.

F400 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F400 Sch. 25 para. 15 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

The M234 Harbours, Piers and Ferries (Scotland) Act 1937 S

Marginal Citations

M234 1937 c. 28.

16 S In section 10(5) (application of 1847 Act), the words from “ and if ” onwards shall cease to have effect.

The M235 Methylated Spirits (Sale by Retail) (Scotland) Act 1937 S

Marginal Citations

M235 1937 c. 48.

17 In section 2 (lists of persons entitled to sell methylated spirits), the following amendments shall be made—

(a) in subsection (1), in the proviso, for the words “prescribed fees” there shall be substituted the words “ fees set by them ”;

(b) in subsection (2), for the words “prescribed fee”, there shall be substituted the words “ fee set by the authority ”;

(c) in subsection (4), for the words “fees as may be prescribed” there shall be substituted the words “ reasonable fees as the authority may set ”.

F401 18—23 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F401 Sch. 25 paras. 18–23 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

F402 24 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F402 Sch. 25 para. 24 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

The M236 Highways (Provision of Cattle-Grids) Act 1950 S

Marginal Citations

M236 1950 c. 24.

25 S Sections 14 (provision of cattle-grids off roads) and 18 (provisions as to cattle-grids provided before the Act) shall cease to have effect.

The M237 Pet Animals Act 1951 S

Marginal Citations

M237 1951 c. 35.

26 S In section 1(2) (licensing of pet shops), the words “ not exceeding £2 ” shall cease to have effect.

The M238 Food and Drugs (Scotland) Act 1956 S

Marginal Citations

M238 1956 c. 30.

27 S In section 21 (provision of cold stores by local authority), in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards shall cease to have effect, and subsections (2) and (3) shall cease to have effect.

28 S Section 22(2) (notification of cases of food poisoning) shall cease to have effect.

F403 29—31. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F403 Sch. 25 paras. 29, 30, 31 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

The M239 Animal Boarding Establishments Act 1963 S

Marginal Citations

M239 1963 c. 43.

32 S In section 1(2) (licensing of boarding establishments for animals), the words “ not exceeding £2 ” shall cease to have effect.

The M240 Riding Establishments Act 1964 S

Marginal Citations

M240 1964 c. 70.

33 S In section 1(2) (licensing of riding establishments), for the words “a fee not exceeding £10” there shall be substituted the words “ such fee as may be set by the local authority ”.

F404 34—38. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F404 Sch. 25 paras. 34–38 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1) s. 146, Sch. 14

F405 39 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F405 Sch. 25 para. 39 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

The M241 Countryside (Scotland) Act 1967 S

Marginal Citations

M241 1967 c. 86.

40 S In section 41(1)(b) (ferries for purposes of long-distance routes), the words “ with the approval of the Secretary of State ” shall cease to have effect.

The M242 Social Work (Scotland) Act 1968 S

Marginal Citations

M242 1968 c. 49.

41 In section 22 (removal of children in residential establishments), the words “the Secretary of State or” shall cease to have effect.

The M243 Transport Act 1968 S

Marginal Citations

M243 1968 c. 73.

42 S In section 12(4) (borrowing powers of Executive), the words “ with the consent of the Minister ” shall cease to have effect.

43 S In section 36 (power of local authority to run contract carriages), in subsection (2), the words “ subject to subsection (3) of this section ” shall cease to have effect, and subsections “ (3) to (8) ” shall cease to have effect.

44 S In section 37 (power for local authorities to acquire or dispose of public service vehicle undertakings), in subsection (1), the words from “ with the consent ” to “ State ” shall cease to have effect, and subsection (2) shall cease to have effect.

45 S In section 138 (travel concessions), subsections (7), (8) and (9)(a) shall cease to have effect.

The M244 Town and Country Planning (Scotland) Act 1972 . S

Marginal Citations

M244 1972 c. 52

46 S In section 63(1) (proper maintenance of waste land), the words from “ then ” to “ State ” shall cease to have effect.

47 S In section 84(1) (power to serve enforcement notice), the words from “ to any ” to “ State and ” shall cease to have effect.

48 S In section 260 (default powers of Secretary of State), in subsection (1), the words from “ may give ” to “ confirmation or ” shall cease to have effect, and in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ” and the words from “ may give ” to “ notice or ” shall cease to have effect.

Section 213.

X24 Schedule 26 U.K. Amendments of the M245 Tweed Fisheries Act 1969

Editorial Information

X24 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Marginal Citations

M245 1969 c. xxiv.

1 U.K. Section 3 shall cease to have effect.

2 U.K. In section 5—

(a) in subsection (1), for the words “the appointed day”, in both places where they occur, there shall be substituted the words “ 16th May 1975 ”;

(b) in subsection (2), the words from “ but ” onwards shall cease to have effect;

(c) after subsection (2) there shall be inserted the following subsections—

“(2A) The representatives appointed as commissioners by a local authority shall be persons appearing to the local authority to be persons sufficiently representing the interests of those respective parts of the area of that local authority as are specified in column 3 of Schedule 1 to this Act, and the number of persons appointed in respect of each part so specified shall be in accordance with the respective numbers specified in column 4 of the said Schedule 1.

(2B) Of the representatives appointed in respect of each specified part of the area of a local authority, the respective number specified in column 5 of the said Schedule I shall be persons appearing to the local authority to be persons sufficiently representing the interests of freshwater fishing associations or clubs within that part.”

3 U.K. In section 6(2)(a), before the word “burgh” there shall be inserted the word “ former ”.

4 U.K. In section 7(3), before the word “burgh” there shall be inserted the word “ former ”.

5 U.K. For Schedule 1 there shall be substituted the following Schedule—

“Schedule 1 U.K. Representive Commissioners

Local Authority	Number of Representatives	Part of Local Authority Area represented	Number of Representatives for each part of Local Authority Area	Number of Representativesof associations or clubs
1	2	3	4	5
District Council of Berwickshire.	9	Former Burgh of Coldstream.	2	1
		Former Burgh of Duns.	2	1
		Former Burgh of Eyemouth.	2	1
		Remainder of the Council’s area.	3	2
District Council of Roxburgh.	9	Former Burgh of Jedburgh.	2	1
		Former Burgh of Kelso	2	1
		Former Burgh of Hawick	2	1
		Remainder of the Council’s area.	3	2
District Council of Ettrick and Lauderdale.	11	Former Burgh of Selkirk	2	1
		Former Burgh of Lauder	2	1
		Former Burgh of Galashiels.	2	1
		Former Burgh of Melrose	2	1
		Remainder of the Council’s area	3	2
District Council of Tweeddale.	5	Former Burgh of Peebles	2	1
		Former Burgh of Innerleithen.	2	1
		Remainder of the Council’s area.	1
Berwick on Tweed District Council.	9	Former Borough of Berwick-upon-Tweed.	2	1
		The rural district of Norham and Islandshires.	2	1
		The rural district of Glendale.	4	3
		The remainder of the River Tweed catchment area within the County of Northumberland.	1”

Section 214.

SCHEDULE 27 S Adaptation and Amendment of Enactments

Part I S General Adaptation of Enactments

1 (1) This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment. S

(2) Any reference in any such enactment, including the 1947 Act, or instrument to a local authority within the meaning of the 1947 Act shall be construed as a reference to a local authority within the meaning of this Act.

(3) Any reference in any such enactment or instrument to a sheriff clerk of a county, however expressed, shall be construed as a reference to the sheriff clerk of the sheriff court district concerned.

2 (1) Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority. S

(2) Sub-paragraph (1) above shall not apply in any case—

(a) to a reference to a specified officer of a local authority in an enactment mentioned in section 64(5) of this Act or any other enactment referring to an officer specified in such a reference; or

(b) to a reference in any enactment to an assessor or depute assessor appointed under section 116 of this Act.

X25 Part II S Minor and Consequential Amendments

Editorial Information

X25 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M246 Jury Trials (Scotland) Act 1815 S

Marginal Citations

M246 1815 c. 42.

1 S In section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.

The M247 Riotous Assemblies (Scotland) Act 1822 S

Marginal Citations

M247 1822 c. 33.

2 S In section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.

The M248 Jurors (Scotland) Act 1825 S

Marginal Citations

M248 1825 c. 22.

3 S In section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.

4 S For section 3 (rolls of jurors) there shall be substituted the following section:—

“3 General jury book.

The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain a book, known as “the general jury book”, containing the names and designations of persons within the district who are qualified and liable to serve as jurors, and that book shall be kept in the sheriff clerk’s office for the district and shall be open on all lawful days to the inspection of any person”.

5 S For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—

“7 Jurors for High Court and Court of Session trials in Edinburgh.

The High Court of Justiciary and the Court of Session may, by Act of Adjournal or Act of Sederunt, as the case may be, specify the areas from which and the proportions in which jurors are to be summoned for trials in those courts to be held in Edinburgh, and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified”.

F406 6, 7. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F406 Sch. 27 Pt. II paras. 6, 7 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

8 S In section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.

The M249 Court of Session Act 1868 S

Marginal Citations

M249 1868 c. 100

9 S In section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.

The M250 Explosives Act 1875 S

Marginal Citations

M250 1875 c. 17.

10 S In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—

“(1) A regional or islands council; and”.

11 S In section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—

“(a) The regional or general rate, as the case may be; and”

The M251 Militia Act 1882 S

Marginal Citations

M251 1882 c. 49.

12 S In section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.

F407 13, 14. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F407 Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F408 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F408 Sch. 27 Pt. II para. 15 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

The M252 Allotments (Scotland) Act 1892 S

Marginal Citations

M252 1892 c. 54.

16 S In section 2(1) (duty to acquire land for allotments), the following amendments shall be made—

(a) for the words from “the case of a burgh” to “that parish” there shall be substituted the words “ their area ”;

(b) for the words “the burgh or parish” there shall be substituted the words “ the area ”;

(c) for the words “such burgh or in such parish” there shall be substituted the words “ their area ”;

(d) for the words “the said burgh or the said parish” there shall be substituted the words “ their area ”;

(e) for the words “the said burgh or parish” there shall be substituted the words “ their area ”.

17 S In section 6(2) (management of allotments), for the words “the burgh or parish” there shall be substituted the words “ their area ”.

18 S In section 8(2) (recovery of rent), for the words from “the burgh” to “provided” there shall be substituted the words “ their area ” and for the words “the burgh or parish” (in both places where they subsequently occur) there shall be substituted the words “ their area ”.

19 S In section 14 (register of tenancies), for the words “the burgh or the parish” there shall be substituted the words “ their area ”, for the words “such burgh or parish” there shall be substituted the words “ such area ” and for the words “burgh or parish” (where last occurring) there shall be substituted the word “ area ”.

20 S In section 16 (definitions), in the definition of “local authority”, for the words from “in” (where first occurring) onwards there shall be substituted the words “ an islands or a district council ”.

The M253 Local Government (Scotland) Act 1894 S

Marginal Citations

M253 1894 c. 58.

21 S Sections 3 to 25 shall cease to have effect.

22 S Sections 42 to 48 shall cease to have effect.

23 S In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.

The M254 Merchant Shipping Act 1894 S

Marginal Citations

M254 1894 C. 60

24 S In section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.

25 S In section 668 (Commissioners of Northern Lights), the following amendments shall be made—

(a) in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;

(b) in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.

The M255 Public Health (Scotland) Act 1897 S

Marginal Citations

M255 1897 c. 38.

26 In section 3 (definitions),—

(a) the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ” shall cease to have effect,

(b) for the definition of “district” there shall be substituted the following definition—

“Except in section 12 and, where it second occurs in section 36(4) of this Act, the word “district” means the area of the local authority for the purposes of this Act.”

27 In section 6, for the words “parish council” there shall be substituted the words “ local authority ”.

28 For section 12 there shall be substituted the following section—

“12 Local authotities for the purposes of the Act.

The islands or district council shall be the local authority for the purposes of this Act.”

29 Section 15 (reports and returns), shall cease to have effect.

30 In section 18 (power of entry), the words “magistrate or” and the word “magistrate” in each place where it occurs thereafter shall cease to have effect.

31 In section 19 (information of nuisances), the words “of the county or burgh” shall cease to have effect.

32 In section 22 (proceedings in respect of nuisance),—

(a) the words “magistrate or”, in each place where they occur,

(b) the words “or on a representation by a parish council”,

(c) the words “to the collector of the churchyard or other dues, or” and

(d) the word “other”, where it second occurs,

shall cease to have effect.

33 In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155, and 177, the word “ magistrate ” or “ magistrates ”, in each place where either of them occurs, shall cease to have effect.

34 Section 28 shall cease to have effect.

35 In section 31 (waterclosets etc. used in common) the words “ or of their sanitary inspector ” shall cease to have effect.

36 In section 32 (offensive businesses) in subsection (2), the words from “ but, in the case ” onwards shall cease to have effect.

37 In section 36 (complaint of nuisance from offensive trade), in subsection (1), the words “or from a representation by a parish council” shall cease to have effect.

38 In section 37 (nuisance by local authority in dealing with refuse),—

(a) in subsection (1),—

(i) the words from “by the county” to “any district” shall cease to have effect,

(ii) the words “such county council or” shall cease to have effect,

(b) in subsection (2), the words from “and for the purpose” onwards shall cease to have effect.

39 In section 39 (scavenging of highways)—

(a) in the first paragraph for the words from the beginning to “situated” there shall be substituted the words “ A local authority ” and the words “ within such special scavenging district ” shall cease to have effect;

(b) in the second paragraph for the words “within such special district” and for the words from “district committee” to “council)” there shall be substituted respectively the words “ in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not apply ” and “ local highway authority within the meaning of the 1ocal Government (Scotland) Act 1973 ”.

40 In section 42 (removal of manure), the words “ in any special scavenging district ”, in both places where they occur, shall cease to have effect.

41 In section 94 (power to require additional supply of water), the words from “ but in the case ” onwards shall cease to have effect.

42 Section 118 shall cease to have effect.

43 Section 121 (combination of local authorities as to sewerage) shall cease to have effect.

44 In section 146 (procedure on neglect of duty),—

(a) in subsection (1), the words “ or for a parish council ” and “ of the county ” shall cease to have effect, and

(b) in subsection (2) the words “ or for any parish council ” shall cease to have effect.

45 In section 157, the words “ magistrate or ” shall cease to have effect.

46 In section 158, the words “ or magistrates ” shall cease to have effect.

47 In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs, shall cease to have effect.

48 Sections 191 (saving for county councils and standing joint committees) and 192 (saving of local Acts) shall cease to have effect.

F409 49 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F409 Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F410 50 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F410 Sch. 27 para. 50 repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(3), Sch. 5

The M256 Milk and Dairies (Scotland) Act 1914 S

Marginal Citations

M256 1914 c. 46.

51 S In section 2 (definitions), at the end there shall be added the following definition—

““local authority” means an islands or district council”.

52 S In section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.

The M257 Police, Factories &c. (Miscellaneous Provisions) Act 1916 S

Marginal Citations

M257 1916 c. 13.

53 S In section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.

The M258 Land Settlement (Scotland) Act 1919 S

Marginal Citations

M258 1919 c. 97.

54 S In section 18(2) (powers regarding allotments), for the words “town councils” and “town council” there shall be substituted respectively the words “ local authorities ” and “ local authority ”.

F411 55 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F411 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M259 Celluloid and Cinematograph Film Act 1922 S

Marginal Citations

M259 1922 c. 52.

56 S In section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.

57 S In section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.

The M260 Allotments (Scotland) Act 1922 S

Marginal Citations

M260 1922 c. 52.

58 S In section 7 (common pasture), for the words “the burgh or parish” (wherever they occur) there shall be substituted the words “ their area ”.

59 S In section 10(1) (powers of entry), for the words “town council or parish council” there shall be substituted the words “ local authority ”.

60 S in section 19(1) (interpretation), in the definition of “local authority”, for the words “a town council or parish” there shall be substituted the words “ an islands area or a district ”.

The M261 Milk and Dairies (Amendment) Act 1922 S

Marginal Citations

M261 1922 c. 54.

61 S In section 2 (refusal of registration), at the end there shall be added the following subsection—

“(4) In this section “local authority” means an islands or district council.”

62 S In section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.

The M262 Church of Scotland (Properly and Endowments) Act 1925 S

Marginal Citations

M262 1925 c. 33.

63 S In section 22 (burgh churches)—

(a) after subsection (2), there shall be inserted the following subsection—

“(2A) References in any scheme made under this section of this Act and in subsection (2) above to the magistrates or the town council of a burgh and to the burgh within which a burgh church is situated shall, on and after 16th May 1975, be construed respectively as references to the council of the district and to the district within which that burgh church is situated.”;

(b) in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;

(c) in subsection (4)—

(i) before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;

(ii) the words “ continue to ” shall cease to have effect;

(iii) for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.

64 S In section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.

65 S In section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.

66 S In section 32 (transfer of parish churchyards)—

(a) for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;

(b) subsection (3) shall cease to have effect;

(c) in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.

67 S In section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.

F412 68 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F412 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M263 Agricultural Produce (Grading and Marking) Act 1928 S

Marginal Citations

M263 1928 c. 19.

69 S In section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.

The M264 Slaughter of Animals (Scotland) Act 1928 S

Marginal Citations

M264 1928 c. 29.

70 S In section 7 (definitions), at the end there shall be added the following definition—

“(e)

“local authority” means an islands or district council”.

The M265 Petroleum (Consolidation) Act 1928 S

Marginal Citations

M265 1928 c. 32.

71 S In section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) in a region, the regional council;

(b) in an islands area, the islands council.”.

The M266 Local Government (Scotland) Act 1929 S

Marginal Citations

M266 1929 c. 25.

72 S Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.

73 S In section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.

74 S Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.

75 S In section 77, the following amendments shall be made—

(a) subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and

(b) in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.

76 S Section 79 and Schedules 1, 2 and 5 shall cease to have effect.

The M267 Reservoirs (Safety Provisions) Act 1930 S

Marginal Citations

M267 1930 c. 51.

77 S In section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.

The M268 Agricultural Land (Utilisation) Act 1931 S

Marginal Citations

M268 1931 c. 41.

F413 78 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F413 Sch. 27 Pt. II para. 78 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III

The M269 Church of Scotland (Property and Endowments) Amendment Act 1933 S

Marginal Citations

M269 1933 c. 34.

79 S In section 2(2) (transfer of certain churchyards)—

(a) for the words “county or burgh” there shall be substituted the words “ islands area or district ”;

(b) the words from “ or, in the case ” onwards shall cease to have effect.

The M270 Private Legislation Procedure (Scotland) Act 1936 S

Marginal Citations

M270 1936 c. 52.

80 S In section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.

The M271 Children and Young Persons (Scotland) Act 1937 S

Marginal Citations

M271 1937 c. 37.

81 S In section 110 (interpretation) the following amendments shall be made—

(a) in subsection (1), for the definition of “Local authority” there shall be substituted the following definition—

““Local authority” means a regional or islands council.”,

and the definition of “ Large burgh ” shall cease to have effect, and

(b)

subsection (2) shall cease to have effect.

The M272 Air-Raid Precautions Act 1937 S

Marginal Citations

M272 1937 c. 37.

82 S In section 13 (application to Scotland) the following amendments shall be made—

(a) in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;

(b) in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;

(c) in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;

(d) in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.

(e) subsections (9), (10) and (12) shall cease to have effect.

The M273 Civil Defence Act 1939 S

Marginal Citations

M273 1939 c. 31.

83 S In section 91 (application to Scotland) the following amendments shall be made—

(a) in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—

“(2) The council of a district shall before exercising any function under this Part of this Act consult with the council of the region within which that district is situated.”;

(b) in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;

(c) in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.

(d) for subsection (23) there shall be substituted the following subsection:—

“(23) in section 64(1), for the words from the beginning to “district” there shall be substituted the words “ Any regional, islands or district council ””;

(e) in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;

(f) in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;

(g) in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;

(h) subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.

The M274 Public Health (Scotland) Act 1945 S

Marginal Citations

M274 1945 c. 15.

84 S In section 1(8) (interpretation), for the definition of “local authority” there shall be substituted the following definition—

“the expression “local authority” means an islands or district council”.

The M275 Civic Restaurants Act 1947 S

Marginal Citations

M275 1947 c. 22.

85 S In section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.

86 S In section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.

F414 87 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F414 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M276 Local Government Act 1948 S

Marginal Citations

M276 1948 c. 5.

88 S In section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.

The M277 National Assistance Act 1948 S

Marginal Citations

M277 1948 c. 29.

89 S In section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.

F415 90 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F415 Sch. 27 para. 90 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1

91 S In section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.

92 S In section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.

93 S In section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.

94 S In section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.

The M278 Civil Defence Act 1948 S

Marginal Citations

M278 1948 c. 5.

95 S In section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.

The M279 Finance Act 1949 S

Marginal Citations

M279 1949 c. 47.

96 S In section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—

“(a) the local authority shall be an islands or district council”.

F416 97, 98. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F416 Sch. 27 Pt. II paras. 97, 98 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

The M280 Criminal Justice (Scotland) Act 1949 S

Marginal Citations

M280 1949 c. 94.

99 S In section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.

The M281 National Parks and Access to the Countryside Act 1949 S

Marginal Citations

M281 1949 c. 97.

100 S In section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.

F417 101 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F417 Sch. 27 Pt. II para. 101 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. I

102 S In section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.

103 S In section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.

104 S In section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.

105 S In section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.

The M282 Allotments (Scotland) Act 1950 S

Marginal Citations

M282 1950 c. 38.

106 S In section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.

107 S In section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.

The M283 Rag Flock and Other Filling Materials Act 1951 S

Marginal Citations

M283 1951 c. 63.

108 S In section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.

The M284 Prisons (Scotland) Act 1952 S

Marginal Citations

M284 1952 c. 61.

109 S In section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.

110 S In section 14 (legalised police cells), the following amendments shall be made—

(a) in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”

(b) in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;

(c) in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;

(d) in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;

(e) in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police M285 (Scotland) Act 1967 it means a joint police committee ”.

Marginal Citations

M285 1967 c. 77.

111 S In section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.

The M286 Post Office Act 1953 S

Marginal Citations

M286 1953 c. 36.

112 In section 51(5)(a) (power of local authority to contribute towards new post office, etc.), for the words from “or urban district” onwards there shall be substituted the words “urban district, rural district or parish and to the council thereof there shall be substituted references to an islands area or a district and to the council thereof; and references to a contributory place and to a parish meeting shall be omitted;”.

The M287 Emergency Laws (Miscellaneous Provisions) Act 1953 S

Marginal Citations

M287 1953 c. 47.

113 S In section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.

F418 114 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F418 Sch. 27 Pt. II para. 114 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

F419 115 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F419 Sch. 27 Pt. II para. 115 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II

The M288 Slaughterhouses Act 1954 S

Marginal Citations

M288 1954 c. 42.

116 S In section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.

The M289 Long Leases (Scotland) Act 1954 S

Marginal Citations

M289 1954 c. 49.

117 S In section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M290 Army Act 1955 S

Marginal Citations

M290 1955 c. 18.

118 S In section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M291 Air Force Act 1955 S

Marginal Citations

M291 1955 c. 19.

119 S In section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M292 Crofters (Scotland) Act 1955 S

Marginal Citations

M292 1955 c. 21.

120 S In section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.

The M293 Food and Drugs (Scotland) Act 1956 S

Marginal Citations

M293 1956 c. 30.

121 S In section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—

“(5) In this section “local authority” means an islands or district council”.

122 S In section 21 (cold stores), at the end there shall be added the following subsection—

“(2) In this section “local authority” means an islands or district council”.

123 S In section 26 (administrative authorities), the following amendments shall be made—

(a) in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;

(b) for subsection (4) there shall be substituted the following subsection—

“(4) Subject to the provisions of this Act and of the Local Government (Scotland) Act 1973, in this Act “local authority” means a regional, islands or district council.”

124 S In section 27 (public analysts), at the end there shall be added the following subsection—

“(7) In this section “local authority” means a regional or islands council.”

125 S In section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.

126 S In section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.

The M294 Agriculture (Safety, Health and Welfare Provisions) Act 1956 S

Marginal Citations

M294 1956 c. 49.

127 S In section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M295 Clean Air Act 1956 S

Marginal Citations

M295 1956 c.52.

F420 128 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F420 Sch. 27 para. 128 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6

F421 129—131. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F421 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M296 Coal-Mining (Subsidence) Act 1957 S

Marginal Citations

M296 1957 c. 48.

F422 132 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F422 Sch. 27 para. 132 repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art. 2.

The M297 Land Drainage (Scotland) Act 1958 S

Marginal Citations

M297 1958 c. 24.

133 S In Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M298 Disabled Persons (Employment) Act 1958 S

Marginal Citations

M298 1958 c. 33.

134 S In section 3 (provision of sheltered employment), the following amendments shall be made—

(a) in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;

(b) in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;

(c) subsection (4) shall cease to have effect;

(d) in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.

135 S The Schedule shall cease to have effect.

The M299 Matrimonial Proceedings (Children) Act 1958 S

Marginal Citations

M299 1958 c. 40.

136 S In section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

137 S In section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

138 S In section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.

The M300 Trading Representations (Disabled Persons) Act 1958 S

Marginal Citations

M300 1958 c. 49.

139 S In section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

F423 140 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F423 Sch. 27 para. 140 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3

The M301 Opencast Coal Act 1958 S

Marginal Citations

M301 1958 c. 69

141 S In section 52(2) (application to Scotland), after the definition of “land” there shall be inserted the following definition—

““local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973”.

The M302 Adoption Act 1958 S

Marginal Citations

M302 1958 c. 5.

142 S In section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.

The M303 Deer (Scotland) Act 1959 S

Marginal Citations

M303 1959 c. 40.

143 In paragraph 11 of Schedule 2 (control schemes), for the words from “subsections” to “1947” there shall be substituted the words “subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973”, and for the word “355” where second occurring, there shall be substituted the word “210”.

The M304 Radioactive Substances Act 1960 S

Marginal Citations

M304 1960 c. 34.

F424 144 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F424 Sch. 27 para. 144 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46)

The M305 Public Bodies (Admission to Meetings) Act 1960 S

Marginal Citations

M305 1960 c. 67.

145 S In the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.

The M306 Noise Abatement Act 1960 S

Marginal Citations

M306 1960 c. 68.

146 S In section 1(5)(a) (noise or vibration nuisance), for the words “a county or town council” there shall be substituted the words “ the islands or district council ”.

147 S In section 2(5)(b) (restriction of operation on highways etc. of loudspeakers), for the words “a county council, town council” there shall be substituted the words “ the islands ”.

148 S In section 4 (saving for byelaws), for the words “subsection (5) of section 300 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ section 201(3) of the Local Government (Scotland) Act 1973 ”.

F425 149, 150. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F425 Sch. 27 Pt. II paras. 149, 150 repealed by Consumer Safety Act 1978 (c. 38), Sch. 3

The M307 Flood Prevention (Scotland) Act 1961 S

Marginal Citations

M307 1961 c. 41.

151 In section 15(1) (interpretation), the following amendments shall be made:—

(a) for the definitions of “local authority” and “area” there shall be substituted the following definition:—

““local authority” has the meaning assigned to it by section 1(2) of this Act;”

(b) for the definition of “sewer” there shall be substituted the following definition:—

““sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;”

(c) in the definition of “water main”, for the words from “and 1949” onwards there shall be substituted the words “to 1967”.

The M308 Building Societies Act 1962 S

Marginal Citations

M308 1962 c. 37.

152 S In Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M309 Local Government (Development and Finance) (Scotland) Act 1964 S

Marginal Citations

M309 1964 c. 67

F426 153 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F426 Sch. 27 Pt. II para. 153 repealed by Litter Act 1983 (c. 35), Sch. 2

154 S In section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.

155 S In section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.

F427 156, 157. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F427 Sch. 27 Pt. II paras. 156, 157 repealed by Airports Authority Act 1975 (c. 78), Sch. 6

The M310 Gas Act 1965 S

Marginal Citations

M310 1965 c. 36.

158 S In section 28(1) (interpretation), the following amendments shall be made:—

(a) in the definition of “local authority”, for the words “town or county” there shall be substituted the words “ regional, islands or district ”;

F428 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F428 Sch. 27 Pt. II para. 158 (b) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

159 In Schedule 6 (power to enter on land), in paragraph 11, in the definition of “sewerage authority”, for the words from “the council” onwards there shall be substituted the words “a regional or islands council”.

The M311 Highlands and Islands Development (Scotland) Act 1965 S

Marginal Citations

M311 1965 c. 46

[F429 160 S In section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.]

Textual Amendments

F429 Sch. 27 paras. 160, 161 repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

161 S In section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.

F430 162 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F430 Sch. 27 Pt. II para. 162 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I

F431 163 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F431 Sch. 27 Pt. II para. 163 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

The M312 Local Government (Scotland) Act 1966 S

Marginal Citations

M312 1966 c. 51.

164 S In section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.

F432 165 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F432 Sch. 27 para. 165 repealed by Local Government Act 1988 (c. 9, SIF 81:1), s. 41, Sch. 7 Pt. IV

The M313 Forestry Act 1967 S

Marginal Citations

M313 1967 c. 10.

166 S In section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M314 Slaughter of Poultry Act 1967 S

Marginal Citations

M314 1967 c. 24.

167 S In section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

F433 168 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F433 Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II

F434 169, 170. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F434 Sch. 27 Pt. II paras. 169, 170 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3), Sch. 2

The M315 Countryside (Scotland) Act 1967 S

Marginal Citations

M315 1967 c. 86.

171 S In section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”

172 S In section 78(1) (interpretation), the following amendments shall be made—

(a) in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”;

(b) in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M316 Capital Allowances Act 1968 S

Marginal Citations

M316 1968 c. 3.

173 S In section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.

The M317 Trade Descriptions Act 1968 S

Marginal Citations

M317 1968 c. 29.

174 S Section 26 (enforcing authorities) shall have effect as if—

(a) in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the M318 Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;

(b) in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the M319 Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

Marginal Citations

M318 1963 c. 31.

M319 1947 c. 43.

The M320 Health Services and Public Health Act 1968 S

Marginal Citations

M320 1968 c. 46.

175 S In section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—

(a) in subsection (2A)—

(i) for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,

(ii) the last paragraph shall cease to have effect,

(b) in subsection (2B)—

(i) in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,

(ii) paragraph (b) shall cease to have effect.

176 S In section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—

“(cc) for the reference in paragraph (e) thereof to local education authorities there were substituted a reference to education authorities.”.

177 S For section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—

“(3) In this section “local authority” means an islands or district, council.”.

178 S In section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.

The M321 Sewerage (Scotland) Act 1968 S

Marginal Citations

M321 1968 c. 47.

179 S In section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.

180 In section 7 (agreements between highway and local authorities), the following amendments shall be made:—

(a) in subsection (1), for the words “a highway authority” and the word “streets” there shall be substituted respectively the words “the Secretary of State” and “trunk roads”;

(b) in subsection (2), for the words “a highway authority” there, shall be substituted the words “the Secretary of State”;

(c) in subsection (3), for the words “A highway authority or” there shall be substituted the words “The Secretary of State or a”;

(d) subsection (4) shall cease to have effect.

181 S For section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—

“(3) The expenses of a local authority under this Act shall be met from the regional or general rate, as the case may be.”.

182 In section 59(1) (interpretation), in the definition of “local authority”, for the words “county council or a town” there shall be substituted the words “regional or islands”, and at the appropriate place in alphabetical order there shall be inserted the following definition—

““general rate” and “regional rate” have the same meanings as in section 108 of the Local Govemment (Scotland) Act 1973;”.

The M322 Social Work (Scotland) Act 1968 S

Marginal Citations

M322 1968 c.49.

183 S In section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.

184 S In section 2(2) after paragraph (b) there shall be inserted the following paragraph—

“(bb) the Disabled Persons (Employment) Act 1958”.

185 In section 36 (appointment of reporter)—

(a) in subsection (1), the words “in accordance with the provisions of this section” shall cease to have effect;

(b) for subsection (2) there shall be substituted the following subsection—

“(2) The qualifications of a reporter shall be such as the Secretary of State may prescribe.”; and

(c) subsections (3) and (7) shall cease to have effect.

186 S In section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.

187 In Schedule 3 (children’s panels), the following amendments shall be made—

(a) in paragraph 3, after the words “consisting of”, there shall be inserted the words—

“(i) in the case of the committee for the Strathclyde region, four members nominated by the local authority and six members nominated by the Secretary of State;

(ii) in any other case,”;

and the words after “Secretary of State” shall cease to have effect;

(b) after paragraph 5, there shall be added the following paragraph—

The Children’s Panel Advisory Committee shall have power—

(a) to appoint sub-committees;

(b) to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and

(c) to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;

and the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children’s Panel Advisory Committee.”.

F435 188—190. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F435 Sch. 27 Pt. II paras. 188–190 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

The M323 Medicines Act 1968 S

Marginal Citations

M323 1968 c. 67.

191 S In section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—

“(c) references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956 and to the area of such an authority; and

(d) references to any such council as is mentioned in section 108(8) of this Act and to the area of any such council were references respectively to a regional or islands council and to a region or islands area.”

The M324 Mines and Quarries (Tips) Act 1969 S

Marginal Citations

M324 1969 c. 10.

192 S In section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M325 Post Office Act 1969 S

Marginal Citations

M325 1969 c. 48.

193 S In section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.

The M326 Development of Tourism Act 1969 S

Marginal Citations

M326 1969 c. 41.

194 In section 14(2)(b) (restriction on grants and loans), for the words “county council, town council” there shall be substituted the words “regional islands”.

The M327 Local Authorities (Goods and Services) Act 1970 S

Marginal Citations

M327 1970 c. 49.

195 S In section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.

196 S In section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.

The M328 Agriculture Act 1970 S

Marginal Citations

M328 1970 c. 40

F436 197 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F436 Sch. 27 para. 197 repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4

198 S In section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.

199 S For section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—

“(b) “local authority” has the same meaning as in section 1(2) of the Flood Prevention (Scotland) Act 1961.”.

The M329 Fire Precautions Act 1971 S

Marginal Citations

M329 1971 c. 40.

200 In section 43 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (b), for the words from “the council” onwards there shall be substituted the words “ except in section 17, the islands or district council. ”

F437 201 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F437 Sch. 27 Pt. II para. 201 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

The M330 Island of Rockall Act 1972 S

Marginal Citations

M330 1972 c. 2.

202 S In section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.

The M331 National Health Service (Scotland) Act 1972 S

Marginal Citations

M331 1972 c. 58.

203 S In Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

The M332 Gas Act 1972 S

Marginal Citations

M332 1972 c. 60.

204 S In section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.

The M333 Agriculture (Miscellaneous Provisions) Act 1972 S

Marginal Citations

M333 1972 c. 62.

205 In section 4(2) (authority to be informed about milk tests), for the words from “county council” to “situated” there shall be substituted the words “ islands or district council in Scotland ”.

206 S In section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.

F438 207 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F438 Sch. 27 Pt. II para. 207 repealed by Broadcasting Act 1981 (c. 68), Sch. 9

The M334 Employment Agencies Act 1973 S

Marginal Citations

M334 1973 35.

208 S In section 13(1) (interpretation), the following amendments shall be made—

(a) in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;

(b) in the definition of “local authority”, for the words from “Scotland” onwards there shall be substituted the words “ Scotland, means a regional, islands or district council ”.

The M335 Hallmarking Act 1973 S

Marginal Citations

M335 1973 c. 43.

209 S In section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the M336 Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

Marginal Citations

M336 1947 c. 43.

The M337 Badgers Act 1973 S

Marginal Citations

M337 1973 c. 57.

210 S In section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.

The M338 Breeding of Dogs Act 1973 S

Marginal Citations

M338 1973 c. 60.

211 S In section 5 (2) (interpretation), in the definition of “local authority”, for the words “the council of any county or burgh” there shall be substituted the words “ an islands or district council ”.

F439 Schedule 28 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F439 Sch. 28 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X

Section 237.

X26 Schedule 29 S Repeals

Editorial Information

X26 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short Title	Extent of Repeal
3 Geo. 4. c. 33.	The Riotous Assemblies (Scotland) Act 1822.	In section 10, the words from “ or the Clerk of Supply ” to “ city or burgh ”, where they occur second.
		Sections 11 to 14.
6 Geo. 4. c. 22.	The Jurors (Scotland) Act 1825.	In section 1, the words “ in any county ”.
		Sections 5 and 6.
1 & 2 Vict. c. 119.	The Sheriff Courts (Scotland) Act 1838.	Section 27.
16 & 17 Vict. c. 93.	The Burgh Harbours (Scotland) Act 1853.	The whole Act.
17 & 18 Vict. c. 91.	The Lands Valuation (Scotland) Act 1854.	Section 39.
		Section 41.
25 & 26 Vict. c. 19.	The General Pier and Harbour Act 1861, Amendment Act 1862.	In Part I of Schedule (B), in paragraph (3), the words “ city, town or ”, where first occurring, and the words from “ or if there be none ” onwards.
25 & 26 Vict. c. 105.	The Highland Roads and Bridges Act 1862.	The whole Act.
29 & 30 Vict. c. 17.	The Cattle-sheds in Burghs Act 1866.	The whole Act.
30 & 31 Vict. c. 80.	The Valuation of Lands (Scotland) Amendment Act 1867.	Section 5.
38 & 39 Vict.	The Explosives Act 1875 c. 17.	Section 109(1).
		In section 110.2, the words “ for a borough ”.
		Section 110.3.
		Section 111(c).
		Section 112.
41 & 42 Vict. c. 8.	The Public Parks (Scotland) Act 1878.	In section 2, the words from “ and ” onwards.
		In section 21, the words “ burgh or ”, in both places where they occur, and the words “ magistrates and town councils or other ”, in both places where they occur.
		In section 27, the definition of “ burgh ”.
42 & 43 Vict. c. 27.	The Convention of Royal Burghs (Scotland) Act 1879.	The whole Act.
45 & 46 Vict. c. 49.	The Militia Act 1882.	Sections 29, 48 and 52.
50 & 51 Vict. c. 35.	The Criminal Procedure (Scotland) Act 1887.	In section 47, the words from “ but in all cases ” onwards.
50 & 51 Vict. c. 42.	The Public Libraries Consolidation (Scotland) Act 1887.	Sections 4, 5 and 6.
		Section 14.
		Sections 17 to 20.
		In section 21, the first and second paragraphs and in the seventh paragraph the words “ may not be a householder, and ”.
		In section 22, the words between “ Scotland ” and “ and shall ”.
		Section 23.
		Sections 25 to 27.
		In section 28, the words “ clerk or other ”.
		Sections 29 and 30.
		Schedules (A) and (B).
50 & 51 Vict. c. 51.	The Valuation of Lands (Scotland) Amendment Act 1887.	Section 2.
52 & 53 Vict. c. 50.	The Local Government (Scotland) Act 1889.	In section 11, subsections (1), (3) and (5).
		Section 14.
		Section 16.
		Sections 39 to 42.
		Section 58.
		Section 67.
54 & 55 Vict. c. 32.	The Roads and Streets in Police Burghs (Scotland) Act 1891.	The whole Act.
55 & 56 Vict. c. 12.	The Roads and Bridges (Scotland) Amendment Act 1892.	Section 5.
55 & 56 Vict. c. 54.	The Allotments (Scotland) Act 1892.	In section 2(1), the words “ of any burgh or parish ”, in both places where they occur.
		In section 15, the words “ in the burgh or parish ”.
		In section 16, the definitions of “ burgh ”, “ county ”, “ county elector ”, “ district ” and “ district committee ”.
55 & 56 Vict. c. 55.	The Burgh Police (Scotland) Act 1892.	Section 4(8) and (9).
		Section 15.
		Section 42.
		Sections 100 and 101.
		In section 128, the words “ of the Roads and Streets in Police Burghs (Scotland) Act, 1891, and ”.
		In section 150, the words “ the Dean of Guild Court or ”.
		Section 201.
		Section 207.
		In section 210, the words “ of the clerk ”.
		Section 223.
		In section 250, the words “ any of ” and “ or any one of them ”.
		Section 257.
		Section 296 and 297.
		Section 310.
		In section 339, the words “ the clerk to ”.
		In section 341 the words from “ and the commissioners ” to “ within the burgh ”.
		Section 411.
		Section 428.
		Section 432.
57 & 58 Vict. c. 20.	The Public Libraries (Scotland) Act 1894.	The whole Act.
57 & 58 Vict. c. 36.	The Valuation of Lands (Scotland) Acts Amendment Act 1894.	Section 4.
57 & 58 Vict. c. 58.	The Local Government (Scotland) Act 1894.	Sections 3 to 25.
		Sections 42 to 48.
		In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ” and “ burghs ”.
57 & 58 Vict. c. 60.	The Merchant Shipping Act 1894.	Section 668(1)(c).
58 & 59 Vict. c. 6.	The Convention of Royal Burghs (Scotland) Act 1879, Amendment Act 1895.	The whole Act.
59 & 60 Vict. c. 32.	The Orkney and Zetland Small Piers and Harbours Act 1896.	The whole Act.
60 & 61 Vict. c. 38.	The Public Health (Scotland) Act 1897.	In section 3, the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ”.
		Section 15.
		In section 18, the words “ magistrate or ” and the word “ magistrate ”, in each place where it occurs.
		In section 19, the words “ of the county or burgh ”.
		In section 22, the words “ magistrate or ”, in each place where they occur, and the words “ or on a representation by a parish council ”, “ to the collector of the churchyard or other dues, or ” and the word “ other ” where it second occurs.
		In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155 and 177, the word “ magistrate ” and the word “ magistrates ” in each place where either of them occurs.
		Section 28.
		In section 31, the words “ or of their sanitary inspector ”.
		In section 32(2), the words from “ but, in the case ” onwards.
		In section 36(1), the words “ or from a representation by a parish council ”.
		In section 37, in subsection (1), the words from “ by the county ” to “ any district ”, and the words “ such county council or ”, and in subsection (2), the words from “ and for the purpose ” onwards.
		In section 39, in the first paragraph, the words “ within such special scavenging district ”.
		In section 42, the words “ in any special scavenging district ” in both places where they occur.
		In section 94, the words from “ but in the case ” onwards.
		Section 118.
		Section 121.
		In section 146, in subsection (1), the words “ or for a parish council ”, and “ of the county ”, and in subsection (2), the words “ or for any parish council ”.
		In section 157, the words “ magistrate or ”.
		In section 158, the words “ or magistrates ”.
		In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs.
		Section 191.
		Section 192.
60 & 61 Vict. c. 53.	The Congested Districts (Scotland) Act 1897.	In section 10, the words “ and crofting parish ”.
62 & 63 Vict. c. 5.	The Public Libraries (Scotland) Act 1899.	The whole Act.
62 & 63 Vict. c. 19.	The Electric Lighting (Clauses) Act 1899.	In the Schedule, in section 1, the definition of “ county council ”.
63 & 64 Vict. c. 49.	The Town Councils (Scotland) Act 1900.	The whole Act.
3 Edw. 7. c. 33.	The Burgh Police (Scotland) Act 1903.	In section 6, the words “ of the town clerk or other public office ”.
		In section 8, the words “ may from time to time appoint ”.
		In section 9,
		(a) the words from “ to the dean ” to “ such court ”,
		(b) the words from “ or dean ” to “ may be ”, and
		(c) the words from “ and any deliverance ” onwards.
		Section 13.
		In section 16, the words “ dean of guild court or ”.
		In section 31, the words from “ and may further ” onwards.
		Section 37.
		Section 39.
		In section 41, in subsection (1), in paragraph (a), the words from “ or the dean ” to “ may be ”, in paragraph (b) the words “ the dean of guild court ”, and in paragraph (c), the words from “ or the dean ” to “ may be ”; in subsection (2), the words “ the dean of guild court ”; in subsection (3), the words “ dean of guild court, as the case may be ”; and in subsection (4) the words from “ or where ” to “ it out ”.
		Section 43.
		Section 56.
		Section 57.
		In section 93, paragraph (12).
		Section 97.
		In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words
		Section 99.
		Section 101.
		In section 103(12), the word “ Guild ” and in sub-paragraph (1) the words “ dean of guild court ”.
8 Edw. 7. c. 62.	The Local Government (Scotland) Act 1908.	Sections 3 to 5.
		Sections 10 and 11.
		Section 13.
		Section 15.
		Sections 19 to 22.
		Sections 26 to 28.
9 Edw. 7. c. 30.	The Cinematograph Act 1909.	Sections 5 and 8(3) and (4).
9 Edw. 7. c. 47.	The Development and Road Improvement Funds Act 1909.	In section 16, the words from “ References to a county ” to “ respective powers and duties ”.
1 & 2 Geo. 5. c. 51.	The Burgh Police (Scotland) Amendment Act 1911.	In section 1, in subsection (4), the words from “ and, where ” onwards, and, in subsection (6), the words “ or under section seventy six of the Licensing (Scotland) Act, 1903, ”.
1 & 2 Geo. 5. c. 53.	The House Letting and Rating (Scotland) Act 1911.	The whole Act.
3 & 4 Geo. 5. c. 32.	The Ancient Monuments Consolidation and Amendment Act 1913.	In section 23(2), the words from “ references to a borough ” to “ county council and ”.
4 & 5 Geo. 5. c. 46.	The Milk and Dairies (Scotland) Act 1914.	In section 28, the words “ subject to the consent of the Board ”.
5 & 6 Geo. 5. c. 88.	The Street Collections Regulation (Scotland) Act 1915.	The whole Act.
9 & 10 Geo. 5. c. 97.	The Land Settlement (Scotland) Act 1919.	Section 18(1).
		In section 24, the definition of “ parish council ”.
9 & 10 Geo. 5. c. 100.	The Electricity (Supply) Act 1919.	In section 21, the words “ (including a county council) ”.
10 & 11 Geo. 5. c. 8.	The House Letting and Rating (Scotland) Act 1920.	The whole Act.
10 & 11 Geo. 5. c. 45.	The Public Libraries (Scotland) Act 1920.	The whole Act.
12 & 13 Geo. 5. c. 52.	The Allotments (Scotland) Act 1922.	Section 16.
15 & 16 Geo. 5. c. 33.	The Church of Scotland (Property and Endowments) Act 1925.	In section 22(4), the words “ continue to ”.
		In section 32, subsection (3), and in subsection (4), the words “ or other local authority ” in each place where they occur.
15 & 16 Geo. 5. c. 38.	The Performing Animals (Regulation) Act 1925.	In section 1, in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur and in subsection (7), the words “ subject to payment of the prescribed fee ”.
		In section 5(3), the words from “ and the fee ” onwards.
		In section 6(a), the words from “ and any expenses ” onwards.
15 & 16 Geo. 5. c. 68.	The Roads Improvement Act 1925.	In section 5, in the proviso, paragraph (a).
		In section 7, the words “ between any of them respectively ”.
		Section 8.
15 & 16 Geo. 5. c. 82.	The Roads and Streets in Police Burghs (Scotland) Act 1925.	The whole Act.
16 & 17 Geo. 5. c. 51.	The Electricity (Supply) Act 1926.	In Schedule 6, the item relating to section 21 of the Electricity (Supply) Act 1919.
18 & 19 Geo. 5. c. 19.	The Agricultural Produce (Grading and Marking) Act 1928.	In section 4, in subsections (1), (2)(bb) and (2)(c), the words “ or county borough ”.
		In section 5, the words “ or county borough ”, in each place where they occur, the words “ in the case of a county council ”, the words from “ and in the case ” to “ borough rate ” and the words “ and county boroughs ”.
18 & 19 Geo. 5. c. 29.	The Slaughter of Animals (Scotland) Act 1928.	In section 2(5), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ”.
		In section 7(a), the words “ and “local authority” ”.
19 & 20 Geo. 5. c. 25.	The Local Government (Scotland) Act 1929.	Sections 1 to 3.
		Sections 5 and 6.
		Sections 10 and 11.
		Section 18.
		Section 24.
		Section 26.
		Section 34.
		Section 41.
		Section 49(3) and (4).
		Sections 50 to 52.
		Section 76.
		In section 77, subsection (1) other than the definitions of “ Agricultural Lands and Heritages ”, “ Industrial Lands and Heritages ”, “ Freight Transport Lands and Heritages ”, “ Industrial Purposes ” and “ Freight Transport Purposes ”, “ Functions ”, “ Rate ”, “ Rating Authority ” and “ Water Rate ”; and subsections (2) and (3) and (5) to (8).
		Section 79.
		Schedules 1, 2 and 5.
19 & 20 Geo. 5. c. 33.	The Bridges Act 1929.	Section 3.
		In section 7(3), the words from “ and any question ” onwards.
		Section 10(1) and (2).
20 & 21 Geo. 5. c. 43.	The Road Traffic Act 1930.	In section 53, in subsection (2)(b), the words from “ but a right ” onwards, and in subsection (6), the words “ subject to the approval of the Minister ”.
		In section 56, subsection (2) and in subsection (3), the words from “ or if ” onwards.
21 & 22 Geo. 5. c. 17.	The Local Authorities (Publicity) Act 1931.	The whole Act.
23 & 24 Geo. 5. c. 44.	The Church of Scotland (Property and Endowments) Amendment Act 1933.	In section 2(2), the words from “ or, in the case ” onwards.
24 & 25 Geo. 5. c. 50.	The Road Traffic Act 1934.	Section 23.
25 & 26 Geo. 5. c. 47.	The Restriction of Ribbon Development Act 1935.	In section 17(2), the words from “ measured ” to “ State ”.
26 Geo. 5. & 1 Edw. 8. c. 48.	The Health Resorts and Watering Places Act 1936.	The whole Act.
1 Edw. 8 & 1 Geo. 6. c. 5.	The Trunk Roads Act 1936.	In section 3(2), in paragraph (b), the words from “ shall not ” to “ aforesaid ” and, in paragraph (c), the words “ shall not be exercisable by a county council in any borough or urban district and ”.
		In section 12, in the proviso to subsection (2)(a), the words “ subsection (2) of section 3 and ”, and, in subsection (9), the proviso.
1 Edw. 8 & 1 Geo. 6. c. 28.	The Harbours, Piers and Ferries (Scotland) Act 1937.	In section 1(1), the words from “ authorised ” onwards.
		Section 2(2).
		In section 10(5), the words from “ and if ” onwards.
		Section 17.
		Section 23.
		In section 31(1), the definition of “ ferry ”.
1 Edw. 8 & 1 Geo. 6. c. 37.	The Children and Young Persons (Scotland) Act 1937.	In section 110, in subsection (1), the definition of “ Large burgh ”, and subsections (2) and (3)(b).
1 Edw. 8. & 1 Geo. 6. c. 46.	The Physical Training and Recreation Act 1937.	In section 3(1)(a) and (b), the words “ local authority or ”.
		In section 10, in subsection (2), the words from “ and for ” onwards, and subsection (9).
1 & 2 Geo. 6. c. 6.	The Air-Raid Precautions Act 1937.	In section 13, in subsection (4) the words from “ and, as regards ” to the end and subsections (9), (10) and (12).
2 & 3 Geo. 6. c. 31.	The Civil Defence Act 1939.	In section 91, subsection (2)(d) (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections (15), (18), (19), (25) and (31).
2 & 3 Geo. 6. c. 44.	The House to House Collections Act 1939.	Section 7.
		Section 10(e).
		In section 11(1), the definitions of “ police area ”, “ police authority ” and “ chief officer of police ”.
3 & 4 Geo. 6. c. 31.	The War Charities Act 1940.	Section 12(h).
9 & 10 Geo. 6. c. 15.	The Public Health (Scotland) Act 1945.	In section 1(8) the definitions of “ county ”, “ large burgh ” and “ small burgh ”.
9 & 10 Geo. 6. c. 42.	The Water (Scotland) Act 1946.	Section 3.
		In section 9, the words from “ and the Secretary ” onwards.
		In section 12(3), the words “ against an authority ” and “ to the authority ”.
		Section 18(2).
		In section 24(1), the proviso.
		In section 29(2), in the proviso, the words from “ and any ” onwards.
		In section 53, in subsection (1), the words from “ in accordance ” to “ may make ”, and subsection (4).
		In section 84(1) the definition of “ county ”.
		In Schedule 4, in paragraph 19, the words from “ Any dispute ” onwards, and in paragraph 24(2), the words from “ or as ” onwards.
9 & 10 Geo. 6. c. 77.	The Association of County Councils (Scotland) Act 1946.	The whole Act.
10 & 11 Geo. 6. c. 22.	The Civic Restaurants Act 1947.	In section 1, in subsection (1), paragraph (i) of the proviso, subsection (2) and, in subsection (3), the words from “ including ” to “ powers ”.
		Section 2.
		In section 3, in subsection (5), the words from “ or where ” onwards, subsection (6) and, in subsection (7), the words from “ or a county ” to “ powers ”, and the words from “ subject ” to “ 1929 ”.
10 & 11 Geo. 6. c. 41.	The Fire Services Act 1947.	In section 36(2), the words between “ Secretary of State ” and “ for any reference to a combination scheme ”.
		Schedule 4.
. . . F442	. . . F442	. . . F442
10 & 11 Geo. 6. c. 43.	The Local Government (Scotland) Act 1947.	Sections 1 to 178.
		In section 179, paragraphs (2), (4), (5) and (6).
		Sections 180 to 186.
		Sections 188 to 192.
		Section 194.
		Sections 196 to 215.
		Sections 217 to 220.
		In section 221, the words “ corresponding to or as nearly as may be to the year ”.
		In section 223, the proviso.
		Sections 224 to 227.
		In section 229, subsection (2); and, in subsection (3), the words “ or of the provisions of any local Act ” and the words from “ and the provisions ” to the end.
		Section 230.
		In section 231, the words “ and save as otherwise provided in any local Act ”, the words “ the office of the collector of the authority or at ” and the word “ other ”.
		In section 232, in subsection (1), in the proviso, paragraph (c).
		In section 234, the words from “ made up under ” to the end.
		In section 235(1), the words from the beginning to “ 1911 ”.
		In section 237, subsection (2)(f).
		In section 238, subsection (4).
		Section 239.
		In sections 240 and 241, the words from the beginning to “ 1920 ”.
		In section 243, in subsection (1),the words “ in a local Act or ”.
		Sections 245 and 246.
		In section 252, the words from “ whether such expenses ” to “ county council ”.
		Sections 255 to 257.
		In section 258, in subsection (1), paragraph (e) and, in paragraph (g), the words from the beginning to “ town council ”; and, in subsection (3), the words from “ and gives ” to the end.
		In section 259, in subsection (1), paragraph (a); and subsections (2) and (3).
		In section 260, in subsection (1), in paragraph (e), the words “ in the case of a county council or town council ”; and subsection (2).
		In section 261, in subsection (1), the words “ on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act ” and the words from “ and all money ” to “ pari passu ”.
		In section 262(1), in paragraph (b) of the proviso, the words from “ in order ” to “ relates ” and the words from “ in accordance ” onwards.
		In section 263, in subsection (1), the words “ or under a local Act ”.
		In section 264, subsection (4).
		In section 265, in subsection (5), the words “ with the sanction of the Secretary of State ”.
		In section 266, in subsection (1), the words from “ and if it appears ” to the end; in subsection (3), the words “ with the consent of the Secretary of State ”; and, in subsection (4), the words “ subject to obtaining the consent of the Secretary of State ” and the words “ with the like consent ”.
		In section 268, in subsection (2), the words from “ Where the treasurer ” to the end.
		In section 269, in subsection (1), in the proviso, paragraph (a).
		Section 270.
		In section 271, in subsection (1), the words from “ by a county council ” to “ section ” and subsection (2).
		In section 274, the proviso.
		In section 275, subsection (3).
		In section 279, the words “ with consent of the Secretary of State ”; and, in the proviso, in paragraph (i), the words from “ shall require ” to “ fund or ”, and paragraph (ii).
		Sections 297 to 317.
		Sections 319 to 376.
		Schedules 1 to 5.
		In Schedule 7, in Form (1), in Note (1), the words “ of the burgh ”; in Note (2), the word “ district ”; and Note (3).
		Schedules 9 and 10.
10 & 11 Geo. 6. c. 53.	The Town and Country Planning (Scotland) Act 1947.	In section 113(1), the definitions of “ large burgh ” and “ small burgh ”.
		In Schedule 8, the item relating to the Electricity (Supply) Act 1919.
11 & 12 Geo. 6. c. 26.	The Local Government Act 1948.	Section 17.
		Sections 21 and 22.
		Section 24.
		Sections 26 to 32.
		Section 101.
		Part VI.
		Sections 129 to 132.
		Sections 134 and 135.
		Section 138(2).
		In section 145, in subsection (2), the definitions of “ large burgh ” and “ small burgh ”.
11 & 12 Geo. 6. c. 29.	The National Assistance Act 1948.	In section 64(1), the definition of “ large burgh ”.
		In section 65, paragraphs (a) and (b).
11 & 12 Geo. 6. c. 45.	The Agriculture (Scotland) Act 1948.	Section 79.
		Schedule 7.
11 & 12 Geo. 6. c. 46.	The Employment and Training Act 1948.	Section 10(2)(b) and (c).
		Section 19(4).
11 & 12 Geo. 6. c. 65.	The Representation of the People Act 1948.	Part V.
		Schedule 7.
12, 13 & 14 Geo. 6. c. 5.	The Civil Defence Act 1948.	Section 2(2)(b).
12 & 13 Geo. 6. c. 31.	The Water (Scotland) Act 1949.	Section 2(2)(b).
		In section 4(3), the words “ subject to the provisions of subsection (5) of section 16 of this Act ”.
		Section 8(2).
		Section 14.
		Section 16(5).
12 & 13 Geo. 6. c. 32.	The Special Roads Act 1949.	In section 21(1), the definition of “ large burgh ”.
12, 13 & 14 Geo. 6. c. 47.	The Finance Act 1949.	In section 15, subsection (1)(a), in subsection (3), the words “ the Hawkers Act 1888, or ” and subsection (5).
12 & 13 Geo. 6. c. 68.	The Representation of the People Act 1949.	In section 11(2)(b), the words “ or, in Scotland, each electoral division ”.
		Section 30.
		Section 31.
		Section 32.
		Section 36.
		Section 37(3).
		In section 40(2), the words from “ in England ” to “ in Scotland ”.
		In section 41(2), the words “ Except in Scotland ”.
		In section 43, in subsection (1), the words from “ and there shall be paid ” onwards, and subsection (8).
		In section 52(2), in paragraph (a), the words “ or, in the case of an election of town councillors to the town clerk ”.
		In section 55(6), in paragraph (b), the words “ in England and Wales ”, and paragraph (c).
		In section 83(4), the word “ district ”.
		In section 86(4), the words “ town clerk or town clerk depute ” where they first occur.
		In section 173, in subsection (2), the words from the beginning to “ town councillor and ”; subsection (3); and in subsection (8), the definitions of “ assessor ”, “ burgh ”, “ large burgh ”, and “ small burgh ” and “ elected district councillor ”.
		Schedule 3.
		In Schedule 8, in paragraph 5, in sub-paragraph (1), so much of the Table as relates to the Local Government (Scotland) Act 1947, and sub-paragraphs (4), (5) and (6).
12 & 13 Geo. 6. c. 74.	The Coast Protection Act 1949.	Section 1(3).
		Section 3.
		Section 20(7).
		In section 21, subsections (1)(c) and (3)(b).
		In section 29, subsections (3) to (7).
		Section 42.
		In section 49(4) the words “ maritime county borough or county district ” and the definition of maritime burgh or county.
12, 13 & 14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	In section 78(1), the definitions of “ large burgh ” and “ small burgh ”.
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Section 21(7).
		Section 104(11).
14 Geo. 6. c. 24.	The Highways (Provision of Cattle Grids) Act 1950.	Section 14.
		Section 16(4).
		Section 18.
14 Geo. 6. c. 36.	The Diseases of Animals Act 1950.	In section 43, the words “ with the sanction of the Minister ”.
		Section 60.
		Section 61(7).
		Section 64(2).
		Section 68.
		Schedule 4.
14 & 15 Geo. 6. c. 15.	The Local Government (Scotland) Act 1951.	The whole Act.
14 & 15 Geo. 6. c. 35.	The Pet Animals Act 1951.	In section 1(2), the words “ not exceeding £2 ”.
14 & 15 Geo. 6. c. 66.	The Rivers (Prevention of Pollution) (Scotland) Act 1951.	Sections 2 to 5.
		Section 6(2).
		Section 8.
		In section 10, subsections (2) to (4).
		Section 11.
		Section 15.
		In section 18(4), the proviso.
		Section 26(5).
		Section 28(9).
		In section 29(4), the words from “ subject ” onwards.
		In section 30(1), the words “ river purification boards or ”.
		In section 35, in subsection (1) the definitions of “ largo burgh ”, “ small burgh ”, and subsection (2).
		In Schedule 1, in paragraph 7, sub-paragraphs (a) and (b).
		In Schedule 3, paragraphs 1 and 3.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 61	The Prisons (Scotland) Act 1952.	In section 31(3), the words “ burgh magistrates or ”.
In section 37(2), the words “ remand home or ”, where first occurring, and the words “ remand home ”, where they subsequently occur.
		Section 38.
		Section 41.
		In section 42(1), the definition of “ remand home ”.
1 & 2 Eliz. 2. c. 36.	The Post Office Act 1953.	Section 51(5)(c).
1 & 2 Eliz. 2. c. 50.	The Auxiliary Forces Act 1953.	In section 2(1), in the definition of “ joint association ” the words from “ consisting ” to “ other area ”.
		Section 47.
		Part II of Schedule 3.
2 & 3 Eliz. 2. c. 13.	The Local Government (Financial Provisions) (Scotland) Act 1954.	Sections 1 to 9.
3 & 4 Eliz. 2. c. 27.	The Public Libraries (Scotland) Act 1955.	Section 3.
4 & 5 Eliz. 2. c. 30.	The Food and Drugs (Scotland) Act 1956.	In section 21, in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards, and subsections (2) and (3).
		Section 22(2).
		Section 27(3).
4 & 5 Eliz. 2. c. 52.	The Clean Air Act 1956.	Section 31(7)(c).
4 & 5 Eliz. 2. c. 60.	The Valuation and Rating (Scotland) Act 1956.	In section 1, subsections (1) to (4); in subsection (5), the words “ under this section ”; subsection (6); in subsection (7), the words “ appointed under this section ”.
		Section 4.
		In section 5, in subsection (1), paragraph (i) and, in paragraph (j), the words from “ or in any burgh ” to “ that burgh ”.
		In section 16(3), the words from “ of the House ” to “ 1920, or ”.
		In section 21, in subsection (1), the words “ are situated within the landward area of a county and ”.
		Section 26.
		Section 31.
		Section 37.
		Section 40.
		In section 43, in subsection (1), the definitions of “ burgh ”, “ large burgh ” and “ rating authority ”.
		Schedule 6.
5 & 6 Eliz. 2. c. 40. Act 1957.	The Thermal Insulation (Industrial Buildings)	In section 4(3) as set out in its application to Scotland, section 12(5), the words “ or, as the case may be, the plans of the building were approved by the local authority ”.
5 & 6 Eliz. 2. c. 48.	The Electricity Act 1957.	In section 33, subsections (1) and (3).
6 & 7 Eliz. 2. c. 33.	The Disabled Persons (Employment) Act 1958.	Section 3(4).
		The Schedule.
6 & 7 Eliz. 2. c. 36.	The Physical Training and Recreation Act 1958.	Section 1(3).
6 & 7 Eliz. 2. c. 40.	The Matrimonial Proceedings (Children) Act 1958.	In section 15, the words from “ and the expression ” onwards.
6 & 7 Eliz. 2. c. 64.	The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958.	Sections 1 to 6.
		Section 8.
		Section 18.
		Schedules 1 to 3.
		In Schedule 4, paragraph 4 and Part II.
6 & 7 Eliz. 2. c. 69.	The Opencast Coal Act 1958.	In section 52(2), the words “ local authority ”.
		In Schedule 1, in paragraph 4(b), the words “ being the council of a county, county borough or county district ” and, in paragraph 11, the words “ to a county borough, to a county district ” and the words “ to a burgh, to a district ”.
7 & 8 Eliz. 2. c. 24.	The Building (Scotland) Act 1959.	Section 1.
	In section 2, subsections (1) to (3).
		In section 6, subsection (8)(a), and, in subsection (9), the words “ or (b) by a local authority to demolish any building ”.
		Section 7.
		Section 8(3).
		In section 9, subsections (7) and (8).
		In section 10(2) the words “ and the local authority shall thereupon be entitled to act accordingly ”.
		In section 18, subsection (2), in subsection (4), the words “ the buildings authority or ” where they first occur and the words “ or (2) ” and in subsection (7) the words “ or subsection (2) ”.
		Section 20(2).
		Section 21.
		In section 25, in subsections (2) and (3), the words “ a buildings authority or ”.
	Section 27.
		In section 29, in subsection (1) the definitions of “ buildings authority ”, “ burgh ”, “ landward area ” and “ master of works ”, subsections (6) and (7), in subsection (8) the words “ two or more buildings authorities or ” and “ such one of those buildings authorities or, as the case may be ” and subsection (9).
		In section 30(1), the proviso.
		Schedules 1 and 2.
		In Schedule 3, in the heading, the words “ paragraph (a) of ”.
		In Schedule 6, in paragraph 1 the words “ or a master of works ”.
		Schedule 8.
		In Schedule 9, paragraphs 2 and 3.
7 & 8 Eliz. 2. c. 44.	The Fire Services Act 1959.	Section 7(2).
7 & 8 Eliz. 2. c. 51.	The Licensing (ScotIand) Act 1959.	In section 6, the words “ or at a special meeting of the magistrates ”.
		Section 11.
		In section 13, the words from “ or ” to “ 1949 ”.
		Sections 15 and 16.
		In section 18(2), the words from “ burgh ” to “ county ”.
		In section 29(1), the words “ or town clerk ”.
		Section 114(1).
		In section 168(1), the words “ or other area ”.
		In section 169(4), the words from “ either ” (where it first appears) to “ case ”.
		In section 175(1), the words from “ or, if the premises ” to “ to a magistrate ” and the words “ or magistrate ”.
		In section 195, the words “ town clerk ”.
		In section 199(1), the definition of “ burgh licensing court ” and “ county licensing court ”, and, in the definition of “ licensing court ”, the words “ or two ”.
		In Schedule 2, in Forms 1 and 3, the words “ parish of and ”; and in Form 2, the words “ burgh of and ”.
		In Schedule 3, in Form 1, the words “ in the parish (or burgh) of and county of ”.
7 &8 Eliz. 2. c. 70.	The Town and Country Planning (Scotland) Act 1959.	Section 28.
		Section 29(2).
8 &9 Eliz. 2. c. 16.	The Road Traffic Act 1960.	In section 121(4), the words from “ In the application ” onwards.
8 & 9 Eliz. 2. c. 31.	The Highlands and Islands Shipping Services Act 1960.	In section 5, in the definition of “ Highlands and Islands ”, the words from “ inclusive ” onwards.
8 & 9 Eliz. 2. c. 62.	The Caravan Sites and Control of Development Act 1960.	Section 27.
		Section 32(5).
9 & 10 Eliz. 2. c. 32.	The Local Authorities (Expenditure on Special Purposes) (Scotland) Act 1961.	The whole Act.
9 & 10 Eliz. 2. c. 34.	The Factories Act 1961.	In section 47(1), the word “ either ” and the words from “ or, where ” to the end.
		In section 94(3), the words “ in burghs ”.
		In section 153(3), the words “ a county council and ”.
		Section 181(3).
		Section 182(2).
9 & 10 Eliz. 2. c. 40.	The Consumer Protection Act 1961.	In section 6(3)(b), the words from “ but as if ” onwards.
9 & 10 Eliz. 2. c. 41.	The Flood Prevention (Scotland) Act 1961.	Section 5.
		Section 11(5).
		In section 15(1), the definition of “ burgh ”.
9 & 10 Eliz. 2. c. 43.	The Public Authorities (Allowances) Act 1961.	Section 2.
10 & 11 Eliz.2. c. 9.	The Local Government (Financial Provisions etc.) (Scotland) Act 1962.	Section 1.
		Section 11.
10 & 11 Eliz.2. c. 47.	The Education (Scotland) Act 1962.	In section 12(1), the words “ of a county ”, the words “ not only ” and the words from “ but also ” to the end.
		In section 13, the words from “ and shall ” onwards.
		In section 20, in subsection (1A), paragraph (a) and the words “ acquisition or ”.
		Section 23.
		In section 25, in subsection (1)(c), the words “ with the approval of the Secretary of State ”, and subsection (2).
		In section 66(7), the proviso.
		In section 85, in subsection (4), the words from “ and for any sub-committee ” to “ control of the authority) ”.
		In section 86, in subsection (1), the words from “ and, on a vacancy ” onwards, and subsection (2).
		Sections 88, 89, 90 and 91.
		In section 145, paragraph (15).
10 & 11 Eliz. 2. c. 51.	The Licensing (Scotland) Act 1962.	In Schedule 1, the words “ parish of and ”, in both places where they occur.
1963 c. 2.	The Betting, Gaming and Lotteries Act 1963.	In Schedule 1, in paragraph 1(b), the words “ or 2 ”.
		In Schedule 2, paragraph 1(2), (3), (4) and (6), and paragraphs 2 and 3.
		In Schedule 3, in paragraph 2(b), the words “ or committee ”.
		In Schedule 6, paragraph 2.
1963 c. 12.	The Local Government (Financial Provisions) (Scotland) Act 1963.	Sections 1 and 2.
		Sections 4 and 5.
		In section 7, subsection (5).
		Section 8.
		In section 9, subsection (2); in subsection (4), the words “ to county councils and town councils ”; and subsection (7).
		Section 16.
		In section 19, in subsection (2), the words “ the expression “local authority” includes a district council, and ”.
		In section 20, subsection (2).
		In section 21, subsection (2).
		Schedule 1.
1963 c. 21.	The Education (Scotland) Act 1963.	Section 4.
1963 c. 31.	The Weights and Measures Act 1963.	In section 4(1) the words “ Subject to section 37 of this Act ”.
		In section 4(2), the words “ and approved for the purpose by the Board ”.
		In section 5(1) the words “ and to section 37 of this Act ”.
		In section 5(3), the words “ and approved for the purpose by the Board ”.
		Section 37.
		Section 40(2).
		In section 41, in subsections (1) and (2) the words “ Subject to section 37 of this Act ”.
		In section 44(1), the words “ with the consent of the Board ”.
		Section 47.
1963 c. 41.	The Offices, Shops and Railway Premises Act 1963.	In section 52(3), paragraph (a) and, in paragraph (c), the words “ the council of a county ”.
1963 c. 43.	The Animal Boarding Establishments Act 1963.	In section 1(2), the words “ not exceeding £2 ”.
1964 c. 40.	The Harbours Act 1964.	In section 57(1), in the definition of “harbour”, the words “ ferry or ”.
1964 c. 67.	The Local Government (Development and Finance) (Scotland) Act 1964.	In section 1, subsections (2) and (3).
		Section 5.
		Section 6(3).
		In section 8, subsections (2) and (5).
		In section 9, in subsection (1), paragraph (b); and subsections (2) and (4).
		In section 10, subsection (2).
		Section 15.
1965 c. 13.	The Rivers (Prevention of Pollution) (Scotland) Act 1965.	Section 1(10).
		In section 3(2), the words from “ and the proviso ” to the end.
1965 c. 41.	The Local Government (Scotland) Act 1947 (Amendment) Act 1965.	The whole Act.
1965 c. 49.	The Registration of Births, Deaths and Marriages (Scotland) Act 1965.	In section 8(5), the words from “ by their ” to “ town clerk ”.
		In section 56(1), the definition of “ local authority ”.
1965 c. 57.	The Nuclear Installations Act 1965.	In section 3(3)(d), the words “ or local ”.
1966 c. 9.	The Rating Act 1966.	In section 2, in subsection (1), in paragraph (b), the words from “ under the House ” to “ 1920, or ”; and, in subsection (12), in paragraph (b), the words from “ or any corresponding provision ” to the end.
		In section 4, in subsection (5), the words “ or any provision for like purposes contained in any local Act ” and the words from “ or any such provision ” to the end.
		Sections 5 to 8.
1966 c. 20.	The Ministry of Social Security Act 1966.	In Schedule 4, paragraph 2(5).
1966 c. 49.	The Housing (Scotland) Act 1966.	Section 98.
		In section 107, in subsection (2), the words from “ who are not ” to “ another fire authority ”.
		In section 147, the words “ subject to the approval of the Secretary of State ”.
		Sections 173 and 174.
		In section 184, the words “ the sanitary inspector or ”.
		In section 185(1)(b), the words “ the sanitary inspector or ” and the words “ of such officer or ”.
		In section 193, in subsection (1)(a), in head (i), the word “ or ” occurring at the end, and head (ii).
		Section 201.
		In section 208(1), the definitions of “ burgh ” and “ large burgh ”.
1966 c. 51.	The Local Government (Scotland) Act 1966.	In section 2, in subsection (2), in paragraph (b), the words “ and grants under the Rating Act 1966 ”.
		Section 11(3).
		Section 28(5).
		In section 30, subsections (3) and (4).
		Sections 31 and 32.
		Section 33(2).
		Sections 36, 37 and 39.
		In Schedule 1, in Part I, paragraph 2; and, in paragraph 5(2), the words from “ and joint ” to “ constituent councils ”.
		In Schedule 1, in Part II, in paragraph 1, the words from “ shall be payable ” to “ burgh, but ”; and paragraph 3.
		In Schedule 2, in paragraph 19(a), the words “ and, where appropriate, the separately rated areas ”; paragraph 22; and, in paragraph 27, the definitions of “ burgh ” and “ separately rated area ”.
		In Schedule 5, paragraphs 1 and 4.
1967 c. 8.	The Plant Health Act 1967.	In section 5(2), the words from “ in such manner ” to “ direct ”.
		In section 6(3), the words from “ in such ”, where first occurring, to “ direction ”.
1967 c. 69.	The Civic Amenities Act 1967.	In section 18, in subsection (7), the words “ Subject to the following subsection ” and the words from “ so however ” onwards, subsection (8) and, in subsection (9), the words “ or subsection (8) ”.
1967 c. 76.	The Road Traffic Regulation Act 1967.	In section 21, subsection (2), in subsection (6), the words from “ and in relation to ” to the end, and subsection (7).
		In section 29, in subsection (1), the words from “ exercisable ” to “ by him ”, and subsection (2).
		In section 31(2), the words from “ and where ” onwards.
		In section 37(5), the words “ in the prescribed manner ”, and the words from “ and in this ” onwards.
		In section 44, in subsection (2), in the proviso, the words from “ but shall not ” onwards, and in subsection (3)(c) the words “ with the consent of the appropriate Minister ”.
		In section 69(3), the words from “ but where ” to the end.
		Section 76(3).
		Section 105.
1967 c. 77.	The Police (Scotland) Act 1967.	Section 4(3).
		In section 15 in subsection (3), the words “ the magistrates of any burgh comprising any part of the area ”, and in subsection (5) the words “ to the magistrates of any burgh, or ” and the words “ respectively, of the burgh or ”.
		In section 17(3), paragraph (a) and, in paragraph (b), the words from the beginning to “ burgh ”.
		In section 19, in subsection (2), paragraph (e).
		In section 51, in subsection (1), the definition of “ burgh ”, and subsection (2).
		Schedule 1.
1967 c. 78.	The Water (Scotland) Act 1967.	Sections 1 and 2.
		In section 5, subsection (1)(a), in subsection (1)(c) the words “ any region, or ” and subsection (3) so far as relating to new regional water boards.
		Section 8.
		. . . F443
		. . . F443
		Part III.
		Section 28.
		Section 29 so far as relating to regional water boards.
		In section 33, in subsection (4), the words “ all local authorities whose districts are affected by the order and ” and paragraph (a).
		In section 34(1), the definitions of “ constituent council ”, “ local authority ”, “ region ” and “ regional water board ”, in the definition of “ first appointed day ”, the words “ 1(4)(a) or ” and, in the definition of “ second appointed day ”, the words “ 1(4)(b) or ”.
		In Schedule 1, Part I.
		In Schedule 2, paragraph 13.
		Schedule 4 so far as relating to regional water boards, and the following provisions of that Schedule so far as relating to water development boards—
		paragraph 5(2) and (3), in paragraph 10, the word “ triennial ”, in paragraph 18, the word “ county ”, wherever it occurs, and paragraph 25.
1967 c. 86.	The Countryside (Scotland) Act 1967.	In section 2, in subsection (1), the words from “ or, before ” onwards, in subsection (2), in paragraph (b), the words “ burghs or other ” and paragraph (d), and subsection (8).
		In section 41(1)(b), the words “ with the approval of the Secretary of State ”.
		In section 49, subsections (6) and (7).
		In section 78(1), the definition of “ district council ”.
1968 c. 16.	The New Towns (Scotland) Act 1968.	Section 33.
		In section 34, in subsection (1), the words “ or, as the case may be, regional water board ”, where twice occurring, in subsection (2), the words “ or as the case may be, regional water board ”, where twice occurring, and the words “ or board ”, and, in subsection (3), the words “ or regional water board ”, where twice occurring.
		In section 41(2), the words from “ so far ” to “ a county ”.
		In section 47, in subsection (1), the definition of “ regional water board ”, in subsection (6), the words “ or regional water board ”, and subsection (7).
1968 c. 27.	The Firearms Act 1968.	In section 46(1), the words from “ or any magistrate ” to “ Police Act ”.
1968 c. 29.	The Trade Descriptions Act 1968.	In section 26(1) the words from “ and section 37 ” to the end.
1968 c. 31.	The Housing (Financial Provisions) (Scotland) Act 1968.	In section 51, subsection (3).
1968 c. 46.	The Health Services and Public Health Act 1968.	In section 65(6), in subsection (2A), the last paragraph and, in subsection (2B), paragraph (b).
1968 c. 47.	The Sewerage (Scotland) Act 1968.	In section 3(4), the words from “ otherwise ” to “ 5 below ”.
		Section 5.
		In section 6, the words “ by virtue of an agreement under section 5 above or ”.
		Section 7(4).
		In section 10(1), the words “ and approved by the Secretary of State ”.
		In section 16(1), in paragraph (b), the words from “ whether ” where first occurring, to “ and ”, and in paragraph (c), the words from “ whether ” onwards.
		In section 18, subsections (4) to (6).
		Section 19.
		In section 59(1), the definitions of “ area ”, “ burgh rate ”, “ county rate ” and “ special district sewer rate ”.
		In Schedule 1, paragraph 1.
1968 c. 49.	The Social Work (Scotland) Act 1968.	Section 1(3) and (6).
		Section 2(3).
		In section 22, the words “ the Secretary of State or ”.
		In section 36, in subsection (1), the words “ in accordance with the provisions of this section ”, and subsections (3) and (7).
		In Schedule 3, in paragraph 3, the words after “ Secretary of State ”.
1968 c. 54.	The Theatres Act 1968.	In section 15(1), the words from “ and in relation ” onwards.
1968 c. 65.	The Gaming Act 1968.	In Schedule 9, paragraph 2.
		In Schedule 11, Part II.
1968 c. 73.	The Transport Act 1968.	In section 9(2), sub-paragraph (i).
		In section 10(1)(xvi), the words “ and the consent of the Minister ”.
		Section 11(4).
		Section 11(5).
		In section 12(4), the words “ with the consent of the Minister ”.
		In section 14(3), the words “ and to each of the councils of constituent areas ”.
		In section 16, in subsection (2), the words from “ and (d) ” onwards, and subsections (3), (4) and (5).
		In section 18, in subsection (1), the words “ to the Minister and ”, and in subsection (2), the words “ to the Minister and ”.
		Section 21(5)(a).
		In section 36, in subsection (2), the words “ subject to subsection (3) of this section ” and subsections (3) to (8).
		In section 37, in subsection (1), the words from “ with the consent ” to “ State ”, and subsection (2).
		Section 58.
		In section 123, the words from “ and ” at the end of subsection (1)(a) to the end of the section.
		Section 138(7), (8) and (9)(a).
		Section 151.
		In Schedule 5, Part I, and, in Part III, paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17, in paragraphs 6, 7 and 9, the words “ the Authority and ” and “ respectively ” in each place where they occur, in paragraph 8, the words “ the Authority or ” and “ the Chairman of the Authority or, as the case may be ”, in paragraph 11, the words “ the Authority or ” in sub-paragraph (a) and “ the Authority ” in sub-paragraph (b), and, in paragraph 13, the words “ the Authority or ”, in both places where they occur, and “ the Authority ”, where those words last occur.
		In Schedule 16, paragraph 8(1)(d)(ii).
1969 c. 13.	The Licensing (Scotland) Act 1969.	The whole Act.
1969 c. 15.	The Representation of the People Act 1969.	Section 6(1).
		In section 11(3), the words “ or, in Scotland, an electoral division ”.
		Section 12(2).
		Section 13(4).
		In section 13(5), the words “ and rule 18 of those in Schedule 3 ”.
		In section 14 the words “ and the local elections rules ”.
		Section 15.
		Section 19(2) and (4).
		In Schedule 1, in Part I the words from “ In Schedule 3 (Scottish local elections rules) ” onwards.
		In Schedule 1, in Part II, paragraph 1(1); paragraph 3; in paragraph 4, the words “ and rule 13 of the Scottish rules ”; paragraph 6(2); paragraph 7; in paragraph 9, the words “ and in rule 37(1) of the Scottish rules ”; in paragraph 10(1), the words “ and in rule 37(3) of the Scottish rules ”; in paragraph 12(1) the proviso; and paragraph 13(3) and (5).
		In Schedule 2, in paragraph 23, sub-paragraph (2); in paragraph 25, sub-paragraph (1), and in sub-paragraph (2) the words “ and rule 24 of the local elections rules in Schedule 3 ”; in paragraph 26, sub-paragraph (3); in paragraph 27, the words “ and in rule 26 of the local elections rules in Schedule 3 ”; in paragraph 28, the words “ and in rule 33(3)(b) of the local elections rules in Schedule 3 ”; in paragraph 29, subparagraph (2); in paragraph 30, the words “ and rule 41(4) of the local elections rules in Schedule 3 ”; in paragraph 32, the words from “ and a Note ” onwards; in paragraph 33, the words from “ and a note ” onwards; paragraphs 34, 35 and 36; and in paragraph 37, the words “ and in that to Schedule 3 ”.
1969 c. 19.	The Decimal Currency Act 1969.	In Schedule 2, paragraph 10.
1969 c. 41.	The National Mod (Scotland) Act 1969.	The whole Act.
1969 c. 49.	The Education (Scotland) Act 1969.	In section 2(1), the words “ (other than the town council of a burgh being a county of a city) ”.
		In Schedule 4, in paragraph 7(2), the proviso.
1969 c. xxiv.	The Tweed Fisheries Act 1969.	Section 3.
		In section 5(2) the words from “ but ” onwards.
1970 c. 9.	The Taxes Management Act 1970.	In section 5(2), the words from “ in the county ” onwards.
1970 c. 20.	The Roads (Scotland) Act 1970.	In section 4(1)(d), the words “ in special scavenging districts ”.
		In section 28(3), the definition of “ local authority ”.
1970 c. 39.	The Local Authorities (Goods and Services) Act 1970.	In section 2(2), the words from “ and, in relation ” onwards.
1970 c. 40.	The Agriculture Act 1970.	Section 93.
		In section 97(1), the words from “ at any time ” to “ 1969 ”.
1971 c. 7.	The Local Authorities (Qualification of Members) Act 1971.	The whole Act.
1971 c. 28.	The Rent (Scotland) Act 1971.	In sections 36(1) and 47(1), the definition of “ rates ”.
		In section 37, in subsection (2), the words from “ and for the purposes ” to the end, and subsection (6).
		In section 69, in subsection (l), the definition of “ local authority ”, and, in subsection (4), the words from “ In this ” onwards.
		In section 82, the definition of “ local authority ”.
		In section 85(1), the words from “ and which is situated ” to the end.
		Section 97(1).
		Section 106(9).
		Section 125(4).
		In Schedule 8, paragraph 1(6)(c) and, in paragraph 1(8)(b) the words from “ other than ” to “ 1920 ”.
1971 c. 40.	The Fire Precautions Act 1971.	In section 17, in subsection (1), in paragraph (ii), the words “ section 1 of ”, and in subsection (2) the words “ or buildings authority ”.
1972 c. 20.	The Road Traffic Act 1972.	In section 43(3), the words “ or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947 ”.
		Section 197.
1972 c. 52.	The Town and Country Planning (Scotland) Act 1972.	Sections 1, 2 and 3.
		In section 9, subsections (1) and (2).
		In section 10(2), the words from “ (but not ” to “ local plan) ”
		In section 13(3), the words from “ but as if ” to the end.
		In section 25(1), the word “ either ” and the words from first “ or ” onwards.
		In section 28 subsections (2) and (3).
		In section 43, in subsection (1), the words from “ and (b) ” onwards, and in subsection (3), the words from “ and the notice ” onwards.
		In section 63(1), the words from “ then ” to “ State ”.
		In section 84(1), the words from “ to any ” to “ State and ”.
		In section 96(1), the words from “ may give ” to “ notice, or ”.
		In section 107(3), the words “ application for ”.
		In section 109(1), the words “ with the consent of the Secretary of State ”.
		In section 111(1), the words “ and confirmed by the Secretary of State ”.
		In section 112, subsections (2) and (3).
		In section 113, subsection (2), in subsection (3), the words from “ except ” to “ State ”, and, in subsection (6), the words from “ and on the ” to “ under this section ”.
		In section 114, subsections (3) and (4).
		In section 115, in subsection (1), the words from “ and the Secretary ” onwards, and subsection (2).
		In section 118, in subsection (1), the proviso, subsection (2) and, in subsection (3), the words from the beginning to “ regulations ”.
		In section 153(1), the words from “ (other ” to “ State) ”.
		In section 204(7), the words from “ and ” onwards.
		Section 242(3).
		In section 260, in subsection (1) the words from “ may give ” to “ confirmation or ”, in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ”, and the words from “ may give ” to “ notice or ”, and in subsection (6), the words “ council or ”.
		Section 261.
		. . . F444
		In section 275(1), the definitions of “ joint planning committee ”, “ large burgh ” and “ small burgh ”.
		Schedules 1 and 2.
		In Schedule 10, paragraph 3 and in paragraph 10, the words from “ may give ” to “ confirmation, or ”.
		In Schedule 22, paragraph 69.
1972 c. 58.	The National Health Service (Scotland) Act 1972.	In Schedule 6, paragraph 132.
1973 c. 28.	The Rate Rebate Act 1973.	The whole Act.

Textual Amendments

F442 Entries repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F443 Entry repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F444 Entry repealed by Town and Country Amenities Act 1974 (c. 32), Sch.