Local Government (Scotland) Act 1973

Part I S Local Government Areas, Authorities and Elections

New areas and councils S

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 1 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F2 S. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F3 S. 3 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F4 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F4 S. 3A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Election of Councillors S

F5 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F5 S. 4 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F6 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F6 S. 5 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F7 6–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F7 Ss. 6–10 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II

F8 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F8 S. 11 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Part II S Changes in Local Government Areas

Modifications etc. (not altering text)

C1 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)

C2 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 [F9 eight] nor more than [F10 twelve] years after [F11 1st April 1996] and thereafter at intervals of not less than [F9 eight] nor more than [F10 twelve] 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 M1 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.

Textual Amendments

F9 Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(a); S.I. 1996/323, art. 4(1)(c), Sch. 2

F10 Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(b); S.I. 1996/323, art. 4(1)(c), Sch. 2

F11 Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(c); S.I. 1996/323, art. 4(1)(c), Sch. 2

Modifications etc. (not altering text)

C3 S. 14 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))

Marginal Citations

M1 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)

C4 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 [F12 eight] nor more than [F13 twelve] years after the submission of the report on the [F14 first] review of electoral arrangements for a local government area under [F15 section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)] and thereafter, so far as is reasonably practicable, at intervals of not less than [F12 eight] nor more than [F13 twelve] 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.

Textual Amendments

F12 Words in s. 16(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(3)(a); S.I. 1996/323, art. 4(1)(c), Sch. 2

F13 Words in s. 16(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(3)(b); S.I. 1996/323, art. 4(1)(c)

F14 Word in s. 16(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(3)(c); S.I. 1996/323, art. 4(1)(c)

F15 Words in s. 16(2) substituted (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(a), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)

Modifications etc. (not altering text)

C5 S. 16 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))

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)

C6 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;

[F16 (aa) at least two months before taking any steps under paragraph (b) below to inform other persons of any draft proposals or any interim decision not to make proposals, inform the council of any local government area affected by the review of those proposals or that decision;

(ab) before taking any such steps, take into consideration any representation made to them by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);]

(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.

[F17 (2A) The Scottish Ministers may give directions to—

(a) the Boundary Commission,

(b) the council of any local government area affected by a review,

in relation to consultation under subsection (2)(a) above.

(2B) Such directions may be given generally or in relation to particular reviews or particular aspects of reviews.]

(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.

Textual Amendments

F16 S. 18(2)(aa)(ab) inserted (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(b)(i), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)

F17 S. 18(2A)(2B) inserted (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(b)(ii), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)

Modifications etc. (not altering text)

C7 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)

C8 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 First review of electoral arrangements. S

F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 S. 20 repealed (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(c), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)

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 [F19 the Treasury].

Textual Amendments

F19 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

Modifications etc. (not altering text)

C9 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.

[F20 23 Change of name of local government area. S

(1) The council of a local government area may, by a resolution passed by 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 area.

[F21 (1A) Where a council so change the name of their area into Gaelic, they may also, by a resolution passed in accordance with subsection (1) above and notwithstanding sections 2(3) and 3(1)(a) of the M2 Local Government etc. (Scotland) Act 1994, decide that their name shall be “Comhairle” with the addition of the name of their area.

(1B) A council which have so changed their name into Gaelic may, by a resolution passed in accordance with subsection (1) above, change it back into English.]

(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.]

Textual Amendments

F20 S. 23 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(5); S.I. 1996/323, art. 4(1)(c), Sch. 2

F21 S. 23(1A)(1B) inserted (27.4.1997) by 1997 c. 6, ss. 1, 2(2)

Marginal Citations

M2 1994 c.39.

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 [F22 wards] which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral [F22 wards], and the first election of councillors for any new or altered electoral [F22 wards];

(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral [F22 wards] in the local government area in question in a case where substantial changes have been made to some of those [F22 wards];

(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 F23 . . . councillors for any electoral [F24 ward] 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.

Textual Amendments

F22 Words in s. 24(5)(c)(d) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(6)(a); S.I. 1996/323, art. 4(1)(c)

F23 Words in s. 24(5)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(6)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F24 Word in s. 24(5)(f) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(6)(b)(ii); S.I. 1996/323, art. 4(1)(c)

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)

C10 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 [F25 wards] into which that area is for the time being divided for the purpose of the election of the councillors [F26 , the number of councillors for each electoral ward], and the designation of any electoral [F25 ward];

• [F27 “local government area” means the area of a local authority;]

• “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, [F28 or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9)] 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 [F29 section 1 of the Local Governance (Scotland) Act 2004 (asp 9)].

(3) F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in definition of "electoral arrangements" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(i); S.I. 1996/323, art. 4(1)(c)

F26 S. 28(1): words in definition of "electoral arrangements" inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(d), 17(2); S.S.I. 2007/25, art. 2(2)

F27 Definition of "local government area" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(ii); S.I. 1996/323, art. 4(1)(c)

F28 Words in s. 28(2) inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(i), 17(2); S.S.I. 2007/25, art. 2(2)

F29 Words in s. 28(2) substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(ii), 17(2); S.S.I. 2007/25, art. 2(2)

F30 S. 28(3) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(2), 63(2); S.S.I. 2006/469, art. 3, Sch. 2

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 [F31 18] years, is a [F32 qualifying Commonwealth citizen] or a citizen of the Irish Republic [F33 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.

[F34 (1A) A person who has received a severance payment (within the meaning of section 12 of the Local Governance (Scotland) Act 2004 (asp 9)) shall not be so qualified.]

(2) In subsection (1) above,

• [F35 “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 [F36 qualifying] 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.

[F37 (3) For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4) But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).]

Textual Amendments

F31 Word in s. 29(1) substituted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 8, 17(2); S.S.I. 2004/558, art. 2

F32 Words in s. 29(1) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i)

F33 Words in s. 29(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(2)

F34 S. 29(1A) inserted (14.9.2006) by Local Governance (Scotland) Act 2004 (asp 9), ss. 12(4), 17(2); S.I. 2006/470, art. 2

F35 Definition of "citizen of the Union" in s. 29(2) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(2)

F36 Word in s. 29(2) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(3); S.I. 2006/3412 , {art. 3}, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i)

F37 S. 29(3)(4) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(4); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i)

Modifications etc. (not altering text)

C11 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 [F38 the Local Government etc. (Scotland) Act 1994] shall, unless he is not qualified or is disqualified, be eligible for re-election.

Textual Amendments

F38 Words in s. 30 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 3(2)

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) F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

[F40 (ba) he is subject to a bankruptcy restrictions order;]

(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 [F41 M4 Representation of the People Act 1983].

[F42 (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 [F43 convener or depute convener] 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

[F44 (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.

[F45 (3A) A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.]

[F46 (3B) In subsection (1)(ba) above, “bankruptcy restrictions order” means—

(a) a bankruptcy restrictions order made under section 56A of the Bankruptcy (Scotland) Act 1985;

(b) a bankruptcy restrictions undertaking entered into under section 56G of that Act;

(c) a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or

(d) a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.]

F47 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 S. 31(1)(a) repealed (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(1), 17(2); S.S.I. 2004/558, art. 2

F40 S. 31(1)(ba) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(a), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10)

F41 Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(b)

F42 S. 31(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 1(4)(b)

F43 Words in s. 31(1)(a)(1A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(a); S.I. 1996/323, art. 4(1)(c)

F44 S. 31(2)(b) substituted by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(1), Sch. 7 para. 12

F45 S. 31(3A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(b); S.I. 1996/323, art. 4(1)(c)

F46 S. 31(3B) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(b), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10)

F47 S. 31(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(8)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

Modifications etc. (not altering text)

C12 S. 31 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

C13 S. 31(1)(2)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

Marginal Citations

M4 1983 c. 2.

[F48 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

F48 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)

C14 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 [F49 the Local Government etc. (Scotland) Act 1994] 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.

Textual Amendments

F49 Words in s. 33 substituted (1.4.1996) by S.I. 1996/739, art.7(1), Sch. 1 Pt. I para. 3(2)

Modifications etc. (not altering text)

C15 S. 33 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

[F50 Acceptance of Office S

Textual Amendments

F50 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)

C16 S. 33A amended by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 31(7)

C17 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)

C18 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 [F51 (2) to (4)] 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.

[F52 (4) The absence of a member of a local authority from a meeting of the authority during a period of suspension imposed on the member under section 103F or 103G of this Act or section 19 or 21(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is not, for the purposes of this section, a failure to attend the meeting.]

Textual Amendments

F51 Words in s. 35(1) substituted (1.5.2003) by 2000 asp 7, ss. 29(1)(a), 37 (with s. 31); S.S.I. 2003/74, art. 2(2)(c)

F52 S. 35(4) inserted (1.5.2003) by 2000 asp 7, ss. 29(1)(b), 37 (with s. 31); S.S.I. 2003/74, art. 2(2)(c)

Modifications etc. (not altering text)

C19 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 [F53 the Local Government etc. (Scotland) Act 1994], 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 [F54 or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7).] 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 [F55 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

F53 Words in s. 36 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 3(2)

F54 Words in s. 36(c) inserted (1.5.2003) by 2000 asp 7, ss. 29(2), 37, (with s. 31); S.S.I. 2003/74, art. 2(2)(c)

F55 Words in s. 36(d) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(4)(6)

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 [F56 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 [F57 relevant] date F58 . . . , 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.

[F59 (2A) For the purposes of subsection (2) above, the “relevant date” is—

(a) the first Thursday in May in the year in which the next ordinary election is to be held; or

(b) where, by virtue of subsection (1)(b) of section 43 of the Representation of the People Act 1983 (c.2), the poll at that election is to be held on another day, that other day.]

(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

F56 Words in s. 37(1) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(5)(6)

F57 Word in s. 37(2) inserted (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(2)(a)

F58 Words in s. 37(2) repealed (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(2)(b)

F59 S. 37(2A) inserted (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(3)

Modifications etc. (not altering text)

C20 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

C21 S. 37(1) excluded (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(1)(b)

C22 S. 37(2) excluded (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(1)(a)

Restrictions on voting S

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

F60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60 S. 38 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e)

39 Pecuniary interests for purposes of section 38. S

F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 S. 39 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with ss. 31, 36(2)); S.S.I. 2003/74, art. 2(2)(e)

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

F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 S. 40 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e)

41 Removal or exclusion of disability, etc. S

F63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63 S. 41 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e)

42 Interpretation of sections 39 and 41. S

F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64 S. 42 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e)

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)

C23 S. 43 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

F65 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F65 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

F66 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F66 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

F67 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F67 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 [F68 or subsistence] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

F69 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(1)

F69 S. 46(2) repealed by Local Government, Planning and Local Act 1980 (c. 65), Sch. 34 Pt. XVI

Modifications etc. (not altering text)

C24 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C25 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)

C26 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

C27 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) F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) [F71 any 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 [F72 the body] attending any such conference or meeting such [F73 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) F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75 (3A) In relation to any [F76 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 [F77 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 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, F78 . . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

F79 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 S. 47(1)(a) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(i)

F71 Words in s. 47(1)(b) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(ii)

F72 Words in s. 47(1) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(iii)

F73 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)

F74 S. 47(3) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(b)

F75 S. 47(3A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(5)

F76 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)

F77 Words in s. 47(3A) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(c)

F78 Words in s. 47(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F79 S. 47(5) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

Modifications etc. (not altering text)

C28 S. 47 applied (with modifications) (1.4.1996) by S.I. 1005/3026, art. 13

C29 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C30 S. 47 restricted by S.I. 1991/397, reg. 23

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

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 [F80 receipted and] 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 [F81 any allowances and reimbursement of expenditure by virtue of regulations made under section 11 of the Local Governance (Scotland) Act 2004] if the making of the visit had been an approved duty of that member.

Textual Amendments

F80 Words in s. 48(1)(a) inserted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(3)(a)

F81 Words in s. 48(2) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(3)(b)

Modifications etc. (not altering text)

C31 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

C32 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C33 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) F82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83 (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

F84 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F85 (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.]

[F86 (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 F87 . . . 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 [F88 or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

Textual Amendments

F82 S. 49(1)(a) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(a)

F83 S. 49(1)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F84 S. 49(1)(f) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F85 S. 49(1A) added by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 46(b)

F86 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

F87 Words in s. 49(3) omitted (2.5.2007) by virtue of The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(b)

F88 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)

C34 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

C35 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C36 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

F89 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F89 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 [F90 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 [F91 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

F90 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(a)

F91 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(b)

Modifications etc. (not altering text)

C37 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

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

C39 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

[F92 Part IIIA S Access to Meetings and Documents of Local Authorities, Committees and Sub-Committees

Textual Amendments

F92 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)

C40 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 [F93 electronic communications network, for transmitting the report by means of such a network] 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.

Textual Amendments

F93 Words in s. 50A(6)(c) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 8

Modifications etc. (not altering text)

C41 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 [F94 convener]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.

Textual Amendments

F94 Word in s. 50B(4)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(11); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C42 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)

C43 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)

C44 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, [F95 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, [F96 and

F96 (c) a relevant body, or a committee or sub-committee of such a body,]

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 [F97 , sub-committee or relevant body]—

(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 [F97 , sub-committee or relevant body] 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 [F97 , sub-committee or relevant body]; 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 [F97 , sub-committee or relevant body].

(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) .

[F98 (a) in the case of a relevant body or a committee or sub-committee of such a body, appointed the members of the relevant body;

(b) in the case of any other committee, appointed the committee; or

(c) in the case of any other sub-committee, appointed the committee of which that body is a sub-committee.]

Textual Amendments

F95 Word in s. 50E(1)(a) shall cease to have effect (30.9.1996) by S.I. 1996/2278, art. 2(2)(a)(i)

F96 S. 50E(1)(c) and the word “and”immediately preceding it inserted (30.9.1996) by S.I. 1996/2278, art. 2(2)(a)(ii)

F97 Words in s. 50E(2) substituted (30.9.1996) by S.I. 1996/2278, art. 2(2)(b)

F98 S. 50E(3)(a)-(c) substituted (30.9.1996) for words in S. 50E(3) by S.I. 1996/2278, art. 2(2)(c)

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; [F99 or]

(b) a statutory committee appointed by the authority, or any sub-committee of that committee, [F100 ; or

F100 (c) a relevant body, any member of which was appointed by the authority, or of a committee or sub-committee of such a body]

shall, subject to subsection (2) below, be open to inspection by any member of the authority and, in the case of a committee [F101 , sub-committee or relevant body], by any other member of the committee [F101 , sub-committee or relevant body].

(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.

Textual Amendments

F99 Word in s. 50F(1)(a) shall cease to have effect (30.9.1996) by S.I. 1996/2278, art. 2(3)(a)

F100 S. 50F(1)(c) and the word “or”immediately preceding it inserted (30.9.1996) by S.I. 1996/2278, art. 2(3)(b)

F101 Words in s. 50F(1) substituted (30.9.1996) by S.I. 1996/2278, art. 2(3)(c)

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 F102 . . . 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.

Textual Amendments

F102 Words in s. 50G(1)(a) repealed (1.4.1996) by S.I. 1996/739, art. 7(1)(2), Sch. 1 Pt. I para. 3(3), Sch. 2

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 [F103 and any meeting of a relevant body or of a committee or sub-committee of such a body]; 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.

Textual Amendments

F103 Words in s. 50H(6) inserted (30.9.1996) by S.I. 1996/2278, art. 2(4)

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)

C45 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 nformation” 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.

• [F104 “relevant body” means–

  (a)

  a joint board; or

  (b)

  the Strathclyde Passenger Transport Authority.]

(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 [F105 either of the enactments] 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.]

Textual Amendments

F104 Definition of “relevant body”in s. 50K(1) inserted (30.9.1996) by S.I. 1996/2278, art. 2(5)

F105 Words in s. 50K(2)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(12); S.I. 1996/323, art. 4(1)(c)

Part IV S Community Councils

Modifications etc. (not altering text)

C46 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 F106 . . . 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.

F107 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 Words in s. 51(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F107 S. 51(3) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

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.

[F108 (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.]

F109 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 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))

F109 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))

F110 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F110 S. 54 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

55 Assistance to community councils. S

F111 . . . [F112 councils for local government areas] 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

F111 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F112 Words in s. 55 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(13); S.I. 1996/323, art. 4(1)(c)

Part V S Internal Organisation

Modifications etc. (not altering text)

C47 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

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.

[F113 (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.

[F114 (6) A local authority’s functions with respect to—

F115 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

F115 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) borrowing money,

shall be discharged only by the authority.]

[F116 (6A) A local authority's function of determining an application for planning permission for a development of a class mentioned in section 38A(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8) 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 [F117 the M5 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) F118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) sections 19, 20, [F119 and 21] of the M6 Police (Scotland) Act 1967 (amalgamation schemes);

F120 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121 (d) paragraphs 3 and 8 of Schedule 1 to the Children (Scotland) Act 1995 (Children’s Panel Advisory Committees and joint advisory committees);]

(e) section 7 of the M7 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.

F122 (11)–(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M8 Local Authorities (Goods and Services) Act 1970.

Textual Amendments

F113 S. 56(2) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 32

F114 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).

F115 S. 56(6)(a)(c) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(14)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F116 S. 56(6A) inserted (12.12.2008 for certain purposes, otherwise 3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 14(2), 59; S.S.I. 2008/411, arts. 2(2)(3)(a); S.S.I. 2009/219, art. 2, Sch.

F117 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F118 S. 56(9)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I. 2005/392, art. 2(k)

F119 Words in s. 56(9)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(14)(b)(i); S.I. 1996/323, art. 4(1)(c)

F120 S. 56(9)(c) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(14)(b)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F121 S. 56(9)(d) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 22(2) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F122 S. 56(11)–(13) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

Modifications etc. (not altering text)

C48 S. 56 excluded by Lotteries and Amusements Act 1976 (c. 32), s. 6(3).

C49 S. 56 excluded by Local Government and Housing Act (c. 42, SIF: 81:1, 2), ss. 4(5), 5(5)

C50 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 and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2)

C51 S. 56 modified (1.4.1996) by 1967 c. 77, s. 9 (as inserted (1.4.1996) by 1994 c. 29, s. 49; S.I. 1995/492, art. 3, Sch. 2)

C52 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)

C53 S. 56(5): Power to direct conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

S. 56(5): Power to restrict 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

M5 1981 c. 22.

M6 1967 c. 77.

M7 1972 c. 11.

M8 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, [F123 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

F123 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)

C54 S. 57 excluded by Water (Scotland) Act 1980 (c. 45), s. 3(4)

C55 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)

C56 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)

C57 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

F124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 S. 60 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e)

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)

C58 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)

C59 S. 62 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

[F125 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

F125 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

F126 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

F126 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

F127 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

F127 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 F128 . . ..

[F129 (2A) The officers who may discharge functions of a police authority in pursuance of arrangements under section 56(1) or (2) of this Act shall include the chief constable of the police force.

(2B) Where, pursuant to arrangements made by virtue of subsection (2A) above, a chief constable may discharge functions of a police authority, he may himself arrange for the discharge of any of the functions in question by a constable of the police force or by a person who is employed by the authority but is not under their direction and control.]

(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).

[F130 (c) sections 62A to 62C.]

(4) Section 62 of this Act shall not apply in a case where a [F131 joint police board] are constituted by or under an amalgamation scheme made under Part I of the M9 Police (Scotland) Act 1967.

(5) Subsections (1) and (2) of section 56 of this Act shall apply to a [F131 joint police board] as they apply to a local authority except that—

(a) they may not arrange for the discharge of any of their functions by another [F131 joint police board] or a police authority F132 . . ., or

(b) if the function relates to part only of the combined area in respect of which the [F133 board] are exercising functions, they may not arrange for the discharge of that function by any other person.

Textual Amendments

F128 Words in s. 63(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(15)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F129 S. 63(2A)(2B) inserted (1.4.1996) by 1994 c. 29, s. 64; S.I. 1995/492, art. 3, Sch. 2

F130 S. 63(3)(c) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(15)(b); S.I. 1996/323, art. 4(1)(c)

F131 Words in s. 63(4)(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(15)(c); S.I. 1996/323, art. 4(1)(c)

F132 Words in s. 63(5)(a) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(15)(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F133 Words in s. 63(5)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(15)(e); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C60 S. 63 modified (1.4.1996) by 1967 c. 77, s. 9 (as inserted (1.4.1996) by 1994 c. 29, s. 49: S.I. 1995/492, art. 3, Sch. 2)

Marginal Citations

M9 1967 c. 77.

[F134 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 [F135 and rescue] authority.]

Textual Amendments

F134 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)

F135 Words in s. 63A inserted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(1), 90, Sch. 3 para. 5 (with s. 77); S.S.I. 2005/392, art. 2(k)

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) F136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F138 (bb) section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);]

F139 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F140 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) section 3 of the M10 Social Work (Scotland) Act 1968 ([F141 chief social work officers]);

F139 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) section 67(3)(b) of the M11 Agriculture Act 1970 (agricultural analysts and deputies).

(6) Nothing in this section affects the operation of section 7 of the M12 Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the M13 Local Authorities (Goods and Services) Act 1970.

(7) Nothing in subsections (1) and (2) above affects the operation of section 9 of the M14 Police (Scotland) Act 1967 (employees other than constables).

Textual Amendments

F136 S. 64(5)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I 2005/392, {art. 2(k)}

F137 S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

F138 S. 64(5)(bb) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 2; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375)

F139 S. 64(5)(c)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(17)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F140 S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

F141 Words in s. 64(5)(e) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(17)(b); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C61 S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2)

Marginal Citations

M10 1968 c. 49.

M11 1970 c. 40.

M12 1965 c. 49.

M13 1970 c. 39.

M14 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)

C62 S. 65 extended (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 3; S.S.I. 2000/312, art. 2

C63 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)

C64 S. 66 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

[F142 67 Members of local authorities not to be appointed as officers etc. S

(1) A person who is a member of a local authority is disqualified from being appointed by the authority to any paid office or employment (other than the office of convener or depute convener) or other place of profit in the gift or disposal of the authority.

(2) A person who has ceased to be a member of a local authority is disqualified—

(a) for a period of 3 months beginning with the day on which the person ceased to be a member of a local authority from being appointed by the authority to any such office, employment or place of profit which is not a politically restricted post;

(b) for a period of 12 months beginning with that day from being appointed by the authority to any such office, employment or place of profit which is a politically restricted post.

(3) A person who—

(a) has ceased to be a member of a local authority; and

(b) at any time during the period of 12 months ending with the day on which the person so ceased, participated directly in the appointing of any person to a politically restricted post,

is, for the period of 12 months beginning on that day, disqualified from being appointed by the authority to any paid office or employment or other place of profit in the gift or disposal of the authority.

(4) A reference to a politically restricted post is—

(a) in subsection (2) above, a reference to a post held by a person who is within any of paragraphs (a) to (g) of subsection (1) of section 2 (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989 (c. 42);

(b) in subsection (3) above, a reference to a post held by a person who is within any of paragraphs (a) to (e) of that subsection.]

Textual Amendments

F142 S. 67 substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 10, 17(2); S.S.I. 2007/25, art. 2(2)

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 [F143 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

F143 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)

C65 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 M15 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.

F144 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 S. 69(4) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Modifications etc. (not altering text)

C66 S. 69 modified (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 39 (with ss. 50(2), 51)

Marginal Citations

M15 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 M16 Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the M17 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M18 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)

C67 S. 70 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 10(1), 335

C68 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

M16 1845 c. 19.

M17 1845 c. 33.

M18 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 M19 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)

C69 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

C70 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

M19 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 M20 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 [F145 (3)] below except with the consent of the Secretary of State.

(3) The land to which subsection (2) above applies is [F146 land which] is held for use as allotments.

Textual Amendments

F145 Word substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(a)

F146 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(b)

Marginal Citations

M20 1959 c. 70.

74 Disposal of land. S

(1) Subject to Part II of the M21 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.

F147 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F147 S. 74(3) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Modifications etc. (not altering text)

C71 S. 74 applied with modifications by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 12(9)(10), 335

C72 S. 74 excluded by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 43(4)

C73 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.

C74 S. 74(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(a)

Marginal Citations

M21 1959 c. 70.

74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148 S

Textual Amendments

F148 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)

C75 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)

C76 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

C77 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)

C78 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)

C79 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

C80 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 F149 . . ., 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

[F150 (i)] the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936 [F150 ; or

(ii) the Bill has been introduced in the Scottish Parliament]

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 M22 Private Legislation Procedure (Scotland) Act 1936;

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

[F151 “private legislation” includes–

(a)

a provisional order and the confirmation Bill relating thereto under the Act of 1936;

(b)

any local or personal Bill in Parliament; and

(c)

any private Bill in the Scottish Parliament.]

Textual Amendments

F149 Words in s. 82(1) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(2)(a), Pt IV; S.I. 1998/3178, art. 3

F150 Words in s. 82(2)(b) inserted (1.7.1999) by S.I. 1999/1820, art. 1(2), 4, Sch. 2 Pt. 1 para. 53(2))(b); S.I. 1998/3178, art. 3

F151 Words in S. 82(7) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(2)(c); S.I. 1998/3178, art. 3

Marginal Citations

M22 1936 c. 52.

Miscellaneous U.K.

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

(1) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F153 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A local authority may, F154 . . . 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 [F155 convener of a local authority, a convener] of a community council, a lord-lieutenant or by a body of which any of these persons is a member [F156 or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972].

F157 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4AA) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152 S. 83(1)(2)(2C)(2D)(4)-(7) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(a), 62; S.S.I. 2003/134, art. 2(1), Sch.

F153 S. 83(2A)(2B) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(19)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F154 Words in s. 83(3) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(a), 62; S.S.I. 2003/134, art. 2(1), Sch.

F155 Words in s. 83(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(19)(b); S.I. 1996/323, art. 4(1)(c)

F156 Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 36(9)

F157 S. 83(3A) repealed (1.4.1996) by 1994 c. 39, s. 164(3), 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(a)(d), Schs. 1, 2

Modifications etc. (not altering text)

C81 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52), s. 1(1)(b)

C82 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52, SIF 81:2), s. 1(1)(b)

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.

F158 (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.

F159 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F158 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

F159 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)

C83 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 M23 Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of [F160 the Financial Services and Markets Act 2000] 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

F160 Words in s. 86(3) substituted (1.12.2001) by S.I. 2001/3649, art. 219

Modifications etc. (not altering text)

C84 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

M23 1774 c. 48.

87 Research and the collection of information. S

(1) A [F161 local authority] 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 F162 . . . any government department or the public.

(2) The appropriate Minister with respect to any matter may require [F163 a local authority] to provide him with any information with respect to that matter which is in the possession of, or available to, that [F164 local authority] in consequence of the exercise of any power conferred by or under any enactment; F165 . . ..

F166 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161 Words in s. 87(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(a)(i); S.I. 1996/323, art. 4(1)(c)

F162 Words in s. 87(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F163 Words in s. 87(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(b)(i); S.I. 1996/323, art. 4(1)(c)

F164 Words in s. 87(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(b)(ii); S.I. 1996/323, art. 4(1)(c)

F165 Words in s. 87(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(b)(iii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F166 S. 87(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

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 [F167 mentioned in subsection (1B) below] or by government departments, or by charities and other voluntary organisations, and other information [F168 relating to the functions of the authority].

[F169 (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.]

[F170 (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 [F171 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.

[F172 (3) A local authority may assist voluntary organisations to provide for individuals—

(a) information and advice concerning those individuals’ rights and obligations; and

(b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.]

Textual Amendments

F167 Words inserted by Local Government Act 1986 (c. 10, SIF 81:1), ss. 3(1)(a), 6

F168 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), Pt. II ss. 3(1)(a), 6

F169 S. 88(1A) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(b), 6

F170 S. 88(1B) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(2), 6

F171 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(c), 6

F172 S. 88(3) inserted (1.4.1996) by 1994 c. 39, s. 140; S.I. 1996/323, art. 4(1)(a), Sch. 1

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)

C85 S. 89 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

[F173 90 Powers of local authority to carry on tourism-related activities. S

(1) A local authority may—

(a) provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes;

(b) promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise);

(c) organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions;

(d) F174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Subject to subsection (3) below, a local authority shall not have power to—

(a) encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)—

(i) to visit their area for purposes relating to leisure; or

(ii) to hold conferences, trade fairs or exhibitions within their area;

(b) provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area;

(c) carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify.

(3) A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above—

(a) in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or

(b) where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing.

(4) A local authority shall not, for the purposes of carrying on activities relating to tourism other than—

(a) those such as are mentioned in paragraphs (a) to [F175 (c)] of subsection (1) above; or

(b) by virtue of subsection (3) above, those such as are mentioned in subsection (2) above,

form, acquire or join with any person or body corporate.

(5) Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person—

(a) doing anything mentioned in paragraph (a) of that subsection; or

(b) organising and holding a conference, trade fair or exhibition.

(6) A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following [F176 modification]—

(a) F177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (2), the words from “but” to the end shall be omitted.

(7) A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) F178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F173 S. 90 substituted (1.4.1996) by 1994 c. 39, s. 176; S.I. 1995/2866, art. 3(b)

F174 S. 90(1)(d) repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(a); S.S.I 2007/47, {art. 2}

F175 Word in s. 90(4) substituted (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(b); S.S.I 2007/47, {art. 2}

F176 Word in s. 90(6) substituted (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(c)(i); S.S.I 2007/47, {art. 2}

F177 S. 90(6)(a) and word repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(c)(ii); S.S.I 2007/47, {art. 2}

F178 S. 90(8) repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(d); S.S.I 2007/47, {art. 2}

F179 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F179 S. 90A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180 S

Textual Amendments

F180 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;

• F181 . . .

[F182 (3) “Securities” means—

(a) shares;

(b) instruments creating or acknowledging indebtedness;

(c) government and public securities;

(d) instruments giving entitlements to investments;

(e) certificates representing securities;

(f) units in a collective investment scheme;

(g) rights to, or interests in, any security of the kind mentioned in paragraphs (a) to (f);

(h) rights (whether actual or contingent) to money lent to, or deposited with—

(i) a society registered under the Industrial and Provident Societies Act 1965, or

(ii) a building society within the meaning of the Building Societies Act 1986.

(4) Subsection (3) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act.]

Textual Amendments

F181 Words in s. 92(2) repealed (1.12.2001) by S.I. 2001/3649, art. 220(2)

F182 s. 92(3)(4) inserted (1.12.2001) by S.I. 2001/3649, art. 220(3)

Modifications etc. (not altering text)

C86 S. 92(3) extended (24.6.2003) by The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 15, Sch. 2 para. 8(2)(c)

Part VII S Finance

Modifications etc. (not altering text)

C87 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;

[F183 (b) which relate to the common good of the council;]

(c) with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.

[F184 (d) with respect to which regulations made by the Scottish Ministers provide that they be paid into or out of a fund (other than the general fund) established by the local authority for the purposes of this paragraph.]

[F185 (3) A statutory instrument containing regulations under subsection (2)(d) above shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Textual Amendments

F183 S. 93(2)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(23); S.I. 1996/323, art. 4(1)(c)

F184 S. 93(2)(d) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 41(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F185 S. 93(3) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 41(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

94 Capital expenses. S

F186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 S. 94 repealed (1.4.2004) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(b), 62; S.S.I. 2004/28, art. 2(2)

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)

C88 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 [F187 a member of the staff of Audit Scotland] or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.

[F188 (5) The financial year of a local authority shall be the period of twelve months ending with 31st March F189 . . .; 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

F187 Words in s. 96(4) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(2); S.S.I. 2000/10, art. 2(3)

F188 S. 96(5)(6) substituted for s. 96(5) by Local Government (Scotland) Act 1975 (c. 30), s. 18

F189 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)

C89 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.

C90 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 [F190 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 [F191 twelve]or less than [F191 six], 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 F192 . . . 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

[F193 (i)] local authorities

[F194 F195 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194 (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F197 . . . in accordance with the said provisions; . . . F198

(d) advising the Secretary of State on any matter relating to the accounting of local authorities F199 . . . which he may refer to them for advice [F200 and

(e) functions conferred by sections 97A and 97B of this Act.]

[F201 (2AA) Any function of the Commission may be exercised on behalf of the Commission by any person (whether or not a member of the staff of Audit Scotland) authorised by the Commission to do so.

(2AB) Subsection (2AA) above does not apply in relation to the following functions—

(a) considering reports in pursuance of subsection (2)(b) above,

(b) appointing an auditor under subsection (6) below,

(c) deciding who is to audit any account, or class of account, in pursuance of this Part of this Act,

(d) deciding whether to undertake or promote a study under section 97A or 105A of this Act.

(2AC) Subsections (2AA) and (2AB) above do not affect the responsibility of the Commission for the exercise of their functions.]

F202 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may, after consultation with the Commission, with such associations of local authorities F204 . . . 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 F205 . . ..

[F206 (4AA) The Controller of Audit shall, by virtue of appointment as such, be a member of the staff of Audit Scotland unless that person is also the Auditor General for Scotland.]

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207 (4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207 (4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F208 (4E) The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any of the functions of the Commission.]

(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 [F209 (a)] the Controller of Audit, [F209 (b)][F210 members of the staff of Audit Scotland], being professional accountants, and [F209 (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, F211 . . . F212 . . .

F213 (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F214 (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 [F215 statutory auditor under Part 42 of the Companies Act 2006] ; or

[F216 (b) he is a member of a body of accountants established in the United Kingdom or another EEA State.]]

[F217 (7A) In subsection (7) above, “EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.]

Textual Amendments

F190 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)

F191 Words in s. 97(1) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c.1), art. 2(3)

F192 Words in s. 97(1) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c. 1), art. 2(3)

F193 "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)

F194 S. 97(2)(a)(ii)(iv)(v) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c. 1), art. 2(3)

F195 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)

F196 S. 97(2)(a)(iii) repealed (1.10.1999) by 1999 c. 8, ss. 65, Sch. 5; S.S.I. 1999/90, art. 2 Sch. 2

F197 Words in s. 97(2)(c) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3)(b)

F198 Word repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2)

F199 Words in s. 97(2)(d) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3)

F200 Word “and” and s. 97(2)(e) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2)

F201 S. 97(2AA-2AC) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(c); S.S.I. 2000/10 (c.1), art. 2(3)

F202 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)

F203 S. 97(2B) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(d); S.S.I. 2000/10 (c.1), art. 2(3)(d)

F204 Words in s. 97(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(e); S.S.I. 2000/10 (c.1), art. 2(3)

F205 Words in s. 97(4) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(f); S.S.I. 2000/10 (c.1), art. 2(3)

F206 S. 97(4AA) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(g); S.S.I. 2000/10 (c.1), art. 2(3)

F207 S. 97(4A)-(4D) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(h); S.S.I. 2000/10 (c.1), art. 2(3)

F208 S. 97(4E) inserted (1.7.1997) by 1997 c. 47, s. 7(2); S.I. 1997/1577, art. 2, Sch.

F209 Word inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 48

F210 Words in 97(6) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3)

F211 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).

F212 Words in S. 97(6) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3)

F213 S. 97(6A) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(j); S.S.I. 2000/10 (c.1), art. 2(3)

F214 S. 97(7) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 23(b) (with reg. 4).

F215 Words in s. 97(7)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1), Sch. 1 para. 1(m) (with arts. 6, 11, 12)

F216 S. 97(7)(b) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 53(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F217 S. 97(7A) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 53(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Modifications etc. (not altering text)

C91 S. 97(3) applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 77(4)

[F218 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

[F219 (a) the securing by local authorities of best value;

(b)] 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

[F220 (c)] improving the financial or other management of such authorities or other bodies.

[F221 (1A) In subsection (1)(a) above, the references to best value and the securing of it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the securing of it in accordance with that section.]

(2) The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section F222 . . .

(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 F223 . . .]

Textual Amendments

F218 Ss. 97A, 97B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(3)

F219 S. 97A(1)(a) and "b" inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 6(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F220 S. 97A(1): "(c)" substituted (1.4.2003) for "for" by virtue of Local Government in Scotland Act 2003 (asp 1), ss. 6(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F221 S. 97A(1A) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 6(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F222 Words in s. 97A(2) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(4); S.S.I. 2000/10 art. 2(3)

F223 Words in s. 97A(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(4); S.S.I. 2000/10 art. 2(3)

Modifications etc. (not altering text)

C92 S. 97A(1) extended (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2).

C93 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

[F224 (a)] 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 [F225 ;

(b) any person who, by arrangement or agreement with any such body, is discharging any function of the 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.

Textual Amendments

F224 S. 97B(1): "(a)" inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F225 In s. 97B(1)(b) and preceding word inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Modifications etc. (not altering text)

C94 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 [F226 such expenses shall be met by Audit Scotland]—

F227 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F226 Words in s. 98(1) substituted for s. 98(1)(a)-(c) (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(5); S.S.I. 2000/10, art. 2(3)

F227 Ss. 98(2)-(7) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(5); S.S.I. 2000/10, art. 2(3)

Modifications etc. (not altering text)

C95 S. 98(1)(3)-(6) continued (for specified purposes) (1.4.2000) by S.S.I. 2000/46 art. 4

99 General duties of auditors. S

[F228 (1)] In auditing the accounts of any local authority F229 . . .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 F230 . . . 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.

[F231 (c) that the local authority F229 . . . has made proper arrangements for securing [F232 best value and is complying with its duties under sections 15 to 17 (community planning) of the Local Government in Scotland Act 2003 (asp 1).]][F233 and

F233 (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.]

[F234 (2) In subsection (1) above, the references to best value and arrangements for securing it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the arrangements for securing it which are to be made under that section.]

Textual Amendments

F228 S. 99 renumbered (1.4.2003) as s. 99(1) by Local Government in Scotland Act 2003 (asp 1), ss. 55(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F229 Words in s. 99 repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(6)(a); S.S.I. 2000/10, art. 2(3)

F230 Words in s. 99(a) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(6)(b); S.S.I. 2000/10, art. 2(3)

F231 S. 99(c) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(4)

F232 Words in s. 99(1)(c) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 55(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F233 S. 99(d) and word 'and' preceding it inserted (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(2), 30(2).

F234 S. 99(2) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 55(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Modifications etc. (not altering text)

C96 S. 99: "paragraph (b)" modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), {ss. 12)}, 62(2); S.S.I. 2003/134, art. 2(1), Sch.

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 F235 . . . as 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 F235 . . .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.

[F236 (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.]

[F237 (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 F238 . . .whose accounts are required to be audited in accordance with this Part of this Act [F239 and any person who, by arrangement or agreement with the authority or body, is discharging any function of the authority or body] 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 [F240 or, where that person is a body corporate, to require that person to appoint a representative to attend before the auditor for that purpose.]]

(2) Without prejudice to [F241 subsections (1) and (1B)] above, every local authority F242 . . .shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts [F243 and every person who, by arrangement or agreement with a local authority, is discharging any function of the authority shall make that provision for the purpose of the auditing of the authority’s accounts.]

(3) If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) [F244 or (1B)] above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F245 level 3 on the standard scale]. . ..

Textual Amendments

F235 Words in s. 100(1) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(a); S.S.I. 2000/10, art. 2(3)

F236 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)

F237 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)

F238 Words in s. 100(1B) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(b); S.S.I. 2000/10, art. 2(3)

F239 Words in s. 100(1B) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(a)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F240 Words in s. 100(1B) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(a)(ii), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F241 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)

F242 Words in s. 100(2) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(c); S.S.I. 2000/10, art. 2(3)

F243 Words in s. 100(2) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F244 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)

F245 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)

101 Right of interested person to inspect and object to accounts: completion of audit. S

[F246 (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.

F247 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F246 S. 101(1) substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(1)

F247 S. 101(5) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(8); S.S.I. 2000/10 art. 2(3)

Modifications etc. (not altering text)

C97 S. 101 extended by Airports Act 1986 (c. 31, SIF 9) ss. 24(3)(b), 85(4)

C98 S. 101 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 11(1)(4)

[F248 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

F248 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

[F249 (1) The Controller of Audit may and, if so required by the Commission, shall make reports to the Commission with respect to—

(a) the accounts of local authorities audited under this Part of this Act;

(b) any matters arising from the accounts of any of those authorities or from the auditing of those accounts being matters that the Controller considers should be considered by the local authority or brought to the attention of the public;

(c) the performance by a local authority of their duties under Part 1 (best value and accountability) and Part 2 (community planning) of the Local Government in Scotland Act 2003 (asp 1).

(2) The Controller of Audit shall send a copy of a report made under subsection (1) above to—

(a) any local authority named in the report; and

(b) any other person the Controller thinks fit.]

[F250 (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 [F251 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 [F252 may] make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.

[F253 (3A) No such special report shall, however, be so made unless—

(a) the authority; and

(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; or

(ii) whose failure, negligence or misconduct is a subject of the report,

has been given a copy of the proposed report and an opportunity to make representations to the Controller on the proposed report and on any of the matters dealt with in it.]

(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.

F254 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F249 S. 102(1)(2) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 56, 62(2); S.S.I. 2003/134, art. 2(1), Sch

F250 S. 102(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 185(b)

F251 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)

F252 Word in s. 102(3) substituted (1.1.2002) by 2000 asp 7, s. 33(1)(a); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4)

F253 S. 102(3A) inserted (1.1.2002) by 2000 asp 7, s. 33(1)(b); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4)

F254 S. 102(5) repealed (1.4.2000) by 2001 asp 1, s. 26, Sch. 4 para. 3(9)(b); S.S.I. 2000/10, art. 2(3)

103 Action by Commission on reports by Controller of Audit. S

(1) F255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 S. 103(1)(6)(7) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(6), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F256 Ss. 103(2)-(5) repealed (1.1.2002) by 2000 asp 7, s. 33(2)(b); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4)

[F257 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

F257 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)

[F258 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

F258 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)

[F259 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

F259 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)

C99 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.

[F260 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

F260 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)

C100 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.

[F261 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

F261 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)

C101 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.

[F262 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

F262 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)

[F263 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

F263 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)

[F264 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

F264 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)

[F265 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

F265 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)

F266 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F266 S. 104 repealed (1.1.2002) by 2000 asp 7, s. 33(4); S.S.I. 2001/474, art. 3 (subject to transitional provisions in art. 4)

F267 104A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F267 S. 104A repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4, para. 3(11); S.S.I. 2000/10, art. 2(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 [F268 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 [F269 level 3 on the standard scale], and, in the case of a second or subsequent offence, to a fine not exceeding [F269 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

F268 Words substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(2)

F269 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)

C102 S. 105 extended by Airports Act 1986 (c. 31, SIF 9), ss. 24(3)(b), 85(4)

C103 S. 105 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C104 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.

C105 S. 105(1)(d) extended by Local Government Act 1986 (c. 10, SIF 81:1), ss. 5(4), 6, 12

[F270 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

F270 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;

[F271 (ba) a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);]

F272 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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:

F272 . . ..

(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.

F273 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271 S. 106(1)(ba) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 15(2); S.S.I. 2005/454, {art. 2 Table}, Sch. 2

F272 S. 106(1)(c) and the proviso repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 90(2)); S.I. 1996/323, art. 4(1)(d), Sch. 2

F273 S. 106(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(12); S.S.I. 2000/10, art. 2(3)

Modifications etc. (not altering text)

C106 S. 106 excluded by Local Government and Housing Act 1989 (c.42, SIF 81:1, 2), s. 11(1)(4)

C107 The “said Act of 1967” means Water (Scotland) Act 1967 (c. 78)

Rating S

107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F274 S

Textual Amendments

F274 S. 107 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

108–108C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F275 S

Textual Amendments

F275 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

F276 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F276 S. 109 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F277 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F277 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)

F278 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F278 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—

F279 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F279 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

F279 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, F280 . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F281

(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

F279 S. 111(1)(a)(b)(d) repealed (1.4.1996) by Local Government Finance Act 1992 (c. 14), ss. 117, 119(2), Sch. 13 para. 39, Sch. 14; S.I. 1996/918, art. 2(a)(b)(i)

F280 Words in s. 111(1)(e) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F281 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

112—114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F282 S

Textual Amendments

F282 Ss. 112–114 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 28(5)(b), Sch. 5

115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F283 S

Textual Amendments

F283 S. 115 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 32(7)(b), Sch. 5

Valuation S

116

F284 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F285 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F284 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F284 S. 116(1)-(5)(7)(8) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F285 S. 116(6) repealed (4.1.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 3(e)(i)

117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F286 S

Textual Amendments

F286 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 F287 . . . of their revenue and expenses.

F288 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F289 or any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)]F290 . . .or any river purification board within the meaning of section 135 of this Act.

Textual Amendments

F287 S. 118(1): word "(a)" repealed (1.4.1996) by virtue of 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F288 S. 118(1)(b) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F289 Words in s. 118(5) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 15(3); S.S.I. 2005/454, art. 2, Sch. 2

F290 Words in s. 118(5) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Modifications etc. (not altering text)

C108 S. 118 extended by Local Government (Scotland) Act 1975 (c. 30), ss. 10(4), 16, Sch. 3 para. 10(2)

119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F291 S

Textual Amendments

F291 S. 119 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

[F292 120 Rate support grant. S

(1) Rate support grant orders under section 3 of the M24 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

F292 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

M24 1966 c. 51.

121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F293 S

Textual Amendments

F293 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.

122A Duty of local authority to use resources efficiently. S

F294 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F294 S. 122A repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(c), 62; S.S.I. 2003/134, art. 2(1), Sch.

Part VIII U.K. Functions

Education S

[F295 123 Education authorities. S

The education authority for the purposes of the M25 Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.]

Textual Amendments

F295 S. 123 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(28); S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M25 1980 c. 44

[F296 124 Membership of committees appointed by education authorities. S

(1) Where an education authority appoint a committee whose purposes include—

(a) advising the authority on any matter relating to the discharge of their functions as education authority; or

(b) discharging any of those functions of the authority on their behalf,

the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section.

(2) Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that—

(a) at least half of the persons appointed by them to be members of such committee are members of the authority; and

(b) the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below.

(3) Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above.

(4) The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are—

(a) one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church;

(b) in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and

(c) one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) 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.

(5) Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “ one-half ”.]

Textual Amendments

F296 S. 124 substituted (1.4.1996) by 1994 c. 39, s. 31 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F297 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F297 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)

[F298 126 Disqualification for membership of committees appointed by education authorities. S

Notwithstanding the provisions of section 59 of this Act, 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—

(a) a committee such as is mentioned in subsection (1) of section 124 of this Act;

(b) a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or

(c) any sub-committee of such a committee or joint committee.]

Textual Amendments

F298 S. 126 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(29); S.I. 1996/323, art. 4(1)(c)

F299 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F299 S. 127 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

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	[F300 Convener of council]
MagistrateCouncillorChairman 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 M26 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.

Textual Amendments

F300 S. 128(2): words in Table B substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(30); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C109 S. 128 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)

Marginal Citations

M26 1962 c. 47.

F301 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F301 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) [F302 Act 1987] shall be [F303 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

[F304 (2) Before any local authority exercise outwith their area any power under Part I of the M27 Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.]

X1 (3) The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.

Editorial Information

X1 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

F302 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(a)

F303 Words in s. 130(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(a); S.I. 1996/323, art. 4(1)(c)

F304 S. 130(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(b); S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M27 1987 c. 26.

F305 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F305 S. 131 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F306 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F306 S. 132 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

The environment S

133 Roads. S

F307 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the M28 Local Government (Scotland) Act 1889 shall be transferred to and vested in the [F308 local roads authority].

Textual Amendments

F307 S. 133(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(32), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F308 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 73

Marginal Citations

M28 1889 c. 50.

134 Building. S

F309 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X2 (2) The M29 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.

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

F309 S. 134(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(33), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

Marginal Citations

M29 1959 c. 24.

F310 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F310 S. 135 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 6); S.I. 1996/186, art. 3(xiii)

F311 135A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F311 S. 135A 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)

[F312 136 Deposit of poisonous waste. S

(1) The local authority for the purposes of the M30 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

F312 S. 136 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

Marginal Citations

M30 1972 c. 21.

137 Flood prevention and flood warning systems. S

F313 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F314 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F313 S. 137(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(36), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F314 S. 137(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

138 Coast protection. S

F315 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X3 (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 M31 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”.

Editorial Information

X3 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

F315 S. 138(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(37), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

Marginal Citations

M31 1947 c. 43.

F316 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F316 S. 139 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F317 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F317 S. 140 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(38), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

141 Public conveniences. S

The local authority for the purposes of section 5 of the M32 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

M32 1970 c. 44.

F318 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F318 S. 142 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(39), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F319 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F319 S. 143 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

144 X4 †Diseases of animals, and plant health. S

F320 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A competent authority under the M33 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

X4 Unreliable marginal note.

Textual Amendments

F320 S. 144(1)(2) repealed by Animal Health Act 1981 (c. 22), Sch. 6

Marginal Citations

M33 1967 c. 8.

145 Ordnance Survey. S

(1) The M34 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 [F321 local authority], 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 [F322 authority] to whose proper officer the application was made.

F323 (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 [F324 local authority].

(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 [F324 local authority].

(5) References in the 1841 Act to a county shall be construed as references to [F325 the area of a local authority], including the electoral areas thereof and other places therein.

Textual Amendments

F321 Words in s. 145(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(a)(i); S.I. 1996/323, art. 4(1)(c)

F322 Word in s. 145(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(a)(ii); S.I. 1996/323, art. 4(1)(c)

F323 S. 145(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group 1

F324 Words in s. 145(4)(a)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(b); S.I. 1996/323, art. 4(1)(c)

F325 Words in s. 145(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(c); S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M34 1841 c. 30.

Miscellaneous functions U.K.

146 Police. U.K.

(1) The M35 Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below.

X5 (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.”

X5 (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 ”.

X5 (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.

X5 (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 [F326 areas] of Scotland, that is to say, the counties of Northumberland or Cumbria, or the [F326 areas] 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 [F326 areas] ” or “ or [F326 area] ”;

(b) in subsection (2) for paragraph (b) there shall be substituted the following paragraph—

“(b) references to the [F326 area] 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 [F326 areas].”

X5 (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.

F327 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X5 (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.”

X5 (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.

Editorial Information

X5 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

F326 S. 146(5)(a)(b): words "areas" and "area" substituted (S.) (1.4.1996) for the words "regions" and "region" respectively by 1994 c. 39, s. 180(1), Sch. 13 para. 92(42); S.I. 1996/323, art. 4(1)(c)

F327 S. 146(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

Marginal Citations

M35 1967 c. 77.

147 Fire services. S

F328 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F328 S. 147 repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with ss. 5(1), 77); S.S.I. 2005/392, art. 2(k)

148 Water. S

F329 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F330 (2)–(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.

F330 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F329 S. 148(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F330 S. 148(2)–(7), (9) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

F331 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F331 S. 149 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

[F332 150 Schedule 18 to continue to have effect. S

Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.]

Textual Amendments

F332 S. 150 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(43); S.I. 1996/323, art. 4(1)(c)

F333 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F333 S. 151 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 3 para. 27, Sch. 8

F334 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F334 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 [F335 regional or islands councils] 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 F336 . . . council within whose area the ferry is situated.

(2) A F337 . . . council or any two or more F338 . . . councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but F338 . . . 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 F339 . . . council or any two or more F340 . . . 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 [F341 —]

• [F341 “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and]

• “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.

Textual Amendments

F335 Words in s. 153(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(a)(i); S.I. 1996/323, art. 4(1)(c)

F336 Words in s. 153(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F337 Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F338 Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F339 Words in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F340 Word in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F341 Definition of "council" in s. 153(5) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(d); S.I. 1996/323, art. 4(1)(c)

154 Piers and Harbours. S

(1) F342 . . ., all rights which are presently vested in [F343 regional, islands or district councils] in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which [F344 regional, islands or district councils] are subject in that connection, are hereby transferred to the F345 . . . 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 F346 . . . council and partly within the area of another F346 . . . council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.

(3) A F347 . . .council or any two or more F348 . . . 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.

F349 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F349 (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If a local authority so elects and notifies the Secretary of State accordingly, Part III of the M36 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 M37 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 [F350 —]

• [F350 “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and]

• “harbour authority” and “marine work” have the same meanings as in section 57(1) of the M38 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

F342 Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F343 Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(ii); S.I. 1996/323, art. 4(1)(c)

F344 Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(iii); S.I. 1996/323, art. 4(1)(c)

F345 Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(iv), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F346 Words in s. 154(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F347 Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F348 Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F349 S. 154(3A)(3B) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F350 Definition of "council" in s. 154(7) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(e); S.I. 1996/323, art. 4(1)(c)

Modifications etc. (not altering text)

C110 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

M36 1937 c. 28.

M37 1847 c. 27.

M38 1964 c. 40.

F351 154A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F351 S. 154A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F352 154B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F352 S. 154B repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

155 Factories. S

F353 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X6 (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 ”.

X6 (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.

F354 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X6 (5) In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect.

X6 (6) Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect.

X6 (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 ”.

Editorial Information

X6 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

F353 S. 155(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(46), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F354 S. 155(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

156 Offices, shops and railway premises. S

F355 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X7 (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.

X7 (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 ”.

Editorial Information

X7 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

F355 S. 156(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(47), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F356 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F356 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

F357 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F357 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F358 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F358 S. 159 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(49), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F359 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F359 S. 160 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F360 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F360 S. 161 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F361 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F361 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

F362 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A local authority F363 . . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

F364 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F362 S. 163(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F363 Words in s. 163(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F364 S. 163(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F365 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F365 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 M39 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

M39 1964 c. 90.

166 Registration of births, deaths and marriages. S

F366 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X8 (2) Accordingly the following amendments shall be made in that Act—

F367 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”;

F367 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F367 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial Information

X8 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

F366 S. 166(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F367 S. 166(2)(a)(e)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2

F368 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F368 S. 167 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

F369 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F369 S. 168 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(51), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

169 Burial grounds, churchyards etc. S

(1) The functions of [F370 islands or district councils] under the M40 Burial Grounds (Scotland) Act 1855 and the M41 Cremation Acts 1902 M42 and 1952 shall be transferred to and vest in [F371 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(2) The functions of councils under the M43 M44 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.

Textual Amendments

F370 Words in s. 169(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(52)(a); S.I. 1996/323, art. 4(1)(c)

F371 Words in s. 169(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(52)(b); S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M40 1855 c. 68.

M41 1902 c. 8.

M42 1952 c. 31.

M43 1925 c. 33.

M44 1933 c. 44.

170 War memorials. S

(1) The local authority for the purposes of the M45 War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the M46 Local Government Act 1948 shall be a [F372 local authority within the meaning of this Act]; 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.

X9 (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.”

Editorial Information

X9 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

F372 Words in s. 170(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(53); S.I. 1996/323, art. 4(1)(c)

Marginal Citations

M45 1923 c. 18.

M46 1948 c. 26.

[F373 Heating and electricity S

Textual Amendments

F373 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, [F374 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 M47 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—

F375 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; [F376 and

(c) for any reference to [F377 Scottish Water] there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.]

(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

F374 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

F375 S. 170A(5)(a) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(54)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F376 S. 170A(5)(c) and preceding word substituted (1.4.1996) for s. 170A(5)(c)(d) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(54)(b); S.I. 1996/323, art. 4(1)(c)

F377 Words in s. 170A(5)(c) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(2) (with s. 67); S.S.I. 2002/118, art. 2(3)

Marginal Citations

M47 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 M48 Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of [F378 Scottish Water]F379 . . .) 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 [F380 Scottish Water] there were substituted a reference to the local authority and as if in subsection (1) of that section—

(a) for [F381 paragraphs (aa) to (ac)] 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 M49 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.]

Textual Amendments

F378 Words in s. 170B(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

F379 Words in s. 170B(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(55)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F380 Words in s. 170B(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

F381 Words in s. 170B(2)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)

Marginal Citations

M48 1980 c. 45 (130).

M49 1973 c. 65 (81:2).

171 Miscellaneous functions, etc. S

F382 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F382 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F383 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F382 S. 171(1)(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(56), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2

F383 S. 171(3) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

[F384 Part XVIIIA S Economic Development

Textual Amendments

F384 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)

171A Functions to include promotion of economic development. S

F385 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F385 S. 171A repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch.

171B Restrictions on promotion of economic development. S

F386 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F386 S. 171B repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch.

171C Exercise of certain powers to be subject to provisions of sections 171A and 171B. S

F387 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F387 S. 171C repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch.

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, [F388 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 M50 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

F388 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 22

Marginal Citations

M50 1972 c. 52.

F389 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F389 S. 173 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F390 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F390 S. 174 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F391 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F391 S. 175 repealed (27.5.1997) by 1997 c. 11, ss. 3(1), 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F392 176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F392 S. 176 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F393 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F393 S. 177 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F394 S

Textual Amendments

F394 S. 178 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Development control S

F395 179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F395 S. 179 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F396 S

Textual Amendments

F396 S. 180 repealed by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(8)

F397 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F397 S. 181 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

Miscellaneous S

F398 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F398 S. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

F399 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F399 S. 183 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

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)

C111 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F400 S

Textual Amendments

F400 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 M51 Betting, Gaming and Lotteries Act 1963 and of the M52 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

M51 1963 c. 2.

M52 1968 c. 65.

Miscellaneous licensing, registration and related matters S

[F401 188 Part III of Schedule 24 to continue to have effect. S

Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.]

Textual Amendments

F401 S. 188 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(58); S.I. 1996/323, art. 4(1)(b)(c)

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)

C112 S. 189 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C113 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 [F402 convener] of a local authority, shall be addressed to the local authority or to the proper officer or [F402 convener] as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.

Textual Amendments

F402 Words in s. 190 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(59); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C114 S. 190 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

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)

C115 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C116 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 [F403 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.

[F404 (7) Without prejudice to subsections (1) to (6) above, a rating authority may use the method specified in subsection (8) below or that specified in subsection (9) below in order to—

(a) issue a demand note under section 237 of the 1947 Act F405 ;

(b) supply information which requires to be supplied when such a demand note is issued.

(8) The method specified in this subsection is to send the demand note or information by electronic communication to an address notified to the authority for the purposes of this subsection by the recipient of the demand note or information, and an electronic communication under this subsection must be—

(a) capable of being accessed by the recipient;

(b) legible in all other material respects; and

(c) sufficiently permanent to be used for subsequent reference.

(9) The method specified in this subsection is to publish the demand note or information on a website in a case where—

(a) the rating authority have agreed with a person that demand notes or information will be issued or supplied to that person by this method;

(b) the demand note or information falls within the terms of that agreement; and

(c) the authority notify that person, in a manner agreed between them of—

(i) the address of the website on which the demand note or information has been published; and

(ii) the place on the website where the demand note or information may be accessed and how it may be accessed.

(10) In subsection (8)(b) above, “legible in all other material respects” means that the information contained in the electronic communication shall be available to the recipient to no lesser extent than it would be if that information had been contained in a document in printed form.

(11) Unless the contrary is proved—

(a) a demand note issued under subsection (8) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which the electronic communication containing it was sent;

(b) a demand note issued under subsection (9) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which notification was given under paragraph (c) of that subsection.

(12) A person who has notified an address for the purposes of subsection (8) above may subsequently give notice to the rating authority of a different address for those purposes and such a notice shall take effect from the date specified in it, being a date not less than three working days after the date on which the notice is given.

(13) Where a person has agreed to receive demand notes or information by a method specified in subsection (8) or (9) above, that person may at any time withdraw from that agreement by giving notice to the rating authority and such a notice shall take effect from the date specified in it, being a date not less than seven working days after the date on which the notice is given.

(14) In this section—

• “address”, in relation to electronic communications, means any number or address used for the purposes of such communications;

• “electronic communication” has the meaning given by section 15(1) of the Electronic Communications Act 2000; and

• “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 F406 , a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.]

Textual Amendments

F403 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)

F404 S. 192(7)-(14) inserted (1.4.2006) by The Non-Domestic Rating (Electronic Communications) (Scotland) Order 2006 (S.S.I. 2006/201), art. 2

F405 The Local Government (Scotland) Act 1947 (c. 43).

F406 1971 c. 80.

Modifications etc. (not altering text)

C117 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

C118 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

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

C119 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)

C120 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

C121 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

F407 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

F407 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)

C122 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)

C123 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

C124 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)

C125 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

F408 (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 [F409 level 1 on the standard scale].

(5) A local authority may remit any fee chargeable under this section.

Textual Amendments

F408 S. 197(1) repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3

F409 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)

C126 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C127 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)

C128 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C129 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)

C130 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C131 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

F410 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F410 S. 200 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)

Byelaws S

F411 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 [F412 their area], 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

F411 S. 201 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para. 15 (with ss. 42, 46)

F412 Words in s. 201(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(61); S.I. 1996/323, art. 4(1)(b)(c)

Modifications etc. (not altering text)

C132 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

C133 S. 201(1) extended by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3)

C134 S. 201(3) excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3)

202 Procedure, etc., for byelaws. S

(1) F413 . . . 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 M53 Local Government (Scotland) Act 1889;

[F414 (ii) the M54 Civic Government (Scotland) Act 1982;]

(iii) F415 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) sections 301 to 303 of the 1947 Act.

F416 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F417 M55 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.

F418 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F413 Words in s. 202(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

F414 S. 202(1)(c)(ii) substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(a)

F415 S. 202(1)(c)(iii) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1

F416 S. 202(1A) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

F417 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(b)

F418 S. 202(13) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(62), Sch. 14: S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

Modifications etc. (not altering text)

C135 S. 202 modified by S.I. 1984/918, reg. 2

C136 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

C137 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

S. 202 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

C138 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)

S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1)(2)

S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/202, art. 19(1)(2)

C139 S. 202(4)-(8)(10)(12) applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1)

Marginal Citations

M53 1889 c. 50.

M54 1982 c. 45.

M55 1982 c. 45.

[F419 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

F419 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)

C140 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

C141 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C142 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)

C143 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C144 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

C145 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)

C146 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C147 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

C148 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 [F420 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

F420 “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)

C149 S. 203 excluded by Civil Aviation Act 1982 (c. 16), s. 32(4)

C150 S. 203 excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8)

C151 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

C152 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)

C153 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).

C154 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

C155 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F421 S

Textual Amendments

F421 S. 205 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

206 Admission of honorary freemen. S

(1) [F422 A local authority] may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the [F422 authority] the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of [F423 their area] persons of distinction and any persons who have rendered eminent service to [F423 their area].

(2) An officer designated for the purpose by [F424 local authority] shall keep a roll containing the names of persons admitted to be freemen under this section.

Textual Amendments

F422 Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(i)(ii); S.I. 1996/323, art. 4(1)(b)(c)

F423 Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(iii); S.I. 1996/323, art. 4(1)(b)(c)

F424 Words in s. 206(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(b); S.I. 1996/323, art. 4(1)(b)(c)

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)

C156 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 F425 . . ., 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 [F426 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.

[F427 (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.]

[F428 (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

F425 Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F426 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)

F427 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)

F428 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)

C157 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)

C158 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)

C159 S. 210(2)–(9) excluded by Water (Scotland) Act 1980 (c. 45), s. 99(2)

C160 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)

C161 S. 210(2)-(6) applied (with modifications) (1.10.2001) by 2001 asp 8, s. 65(6); S.S.I. 2001/304 art. 2a

C162 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)

C163 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)

C164 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.

C165 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.)

C166 S. 210(2)-(8) applied (prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 70(4), 324 (with ss. 76-81, 111)

C168 S. 210(3)-(5) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(6)

C169 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)

C170 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)

C171 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)

C172 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

C173 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})

C174 S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), reg. 107(2)

C175 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)

C176 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

C177 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)

C178 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)

C179 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)

C180 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)

C181 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)

[F429 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 M56 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

F429 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

M56 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.

[F430 (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.

[F431 (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.

[F432 (5) The provisions of this section shall apply to a joint board as they apply to a local authority.]

[F433 (6) In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).]

Textual Amendments

F430 S. 211(2A)(2B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(2))

F431 S. 211(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(3)

F432 S. 211(5) inserted (1.4.1996) by 1994 c. 39, s. 21 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1

F433 S. 211(6) inserted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 2 (with s. 66); S.S.I. 2001/132 art. 2(3), Sch. Pt II

Modifications etc. (not altering text)

C182 S. 211 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 78(4), 335

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.

F434 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X10 (3) The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.

Editorial Information

X10 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

F434 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.

F435 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F435 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F435 S. 215(3)-(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Modifications etc. (not altering text)

C183 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F436

(3) Any such order or regulations as is or are referred to in subsection (1) . . . F437 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F436

Textual Amendments

F436 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

F437 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 [F438 paragraph 10 of Part II of Schedule 1 to the M57 Trade Union and Labour Relations Act 1974] (qualifying period for protection from unfair dismissal) and [F439 section 49 of the M58 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

F438 Words substituted by virtue of Trade Union and Labour Relations Act (c. 52), Sch. 4 para. 7

F439 Words substituted by virtue of Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 15 para. 4

Marginal Citations

M57 1974 c. 52.

M58 1978 c. 44.

218—221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F440 S

Textual Amendments

F440 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

F441 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F441 S. 222 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

F442 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F442 S. 223 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 (subject to art. 4(2))

F443 224 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F443 S. 224 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

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) [F444 Subject to sections 134(2), 135 and 137 of the M59 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 [F445 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 M60 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

F444 Words inserted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1)

F445 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1)

Modifications etc. (not altering text)

C184 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

M59 1982 c. 45.

M60 1949 c. 31.

F446 226 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F446 S. 226 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(64), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

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 M61 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.

F447 (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

F447 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

M61 1924 c. 27.

F448 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F448 S. 229 repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1, Pt. X Group1

F449 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F449 S. 230 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(65), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

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)

C185 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)

C186 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), [F450 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

F450 “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;

• F451 . . .

• F451 . . .

• “education authority”, “educational establishment”, “further education” and “school” have the same meanings as in [F452 the M62 Education (Scotland) Act 1980];

• F451 . . .

• [F453 “electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994;]

• “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 [F454 , except in section 98,] 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;

• [F455 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;]

• “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 M63 Local Government (Scotland) Act 1947;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “rating authority” [F456 shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994];

• F457 . . .

(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

F451 S. 235(1): definitions of

“area”

,

“college council”

,

“school council”

and

“education committee”

repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(66)(a), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2

F452 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

F453 S. 235(1): definition of

“electoral ward”

substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(b); S.I. 1996/323, art. 4(1)(b)(c)

F454 S. 235(1): words in definition of

“financial year”

inserted (29.4.1996 with effect first in relation to the period from 1.4.1997 to 31.10.1997) by 1996 c. 10, s. 4(2)(3); S.I. 1997/1979, art. 2

F455 S. 235(1): definition of

“local authority”

substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(c); S.I. 1996/323, art. 4(1)(b)(c)

F456 S. 235(1): words in definition of

“rating authority”

substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(d); S.I. 1996/323, art. 4(1)(b)(c)

F457 S. 235(1): definition of

“water authority”

repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Marginal Citations

M62 1980 c. 44.

M63 1947 c. 43.

236 Savings. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F458

(2) F459 . . . 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 M64 Cremation Act 1902;

(d) The Housing (Scotland) [F460 Act 1987];

F461 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) The Education (Scotland) Acts 1939 to 1973;

(g) The M65 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

F458 S. 236(1) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F459 Words in s. 236(2) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

F460 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(3)

F461 S. 236(2)(e) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2

Marginal Citations

M64 1902 c. 8.

M65 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 [F462 section 17(2) of the M66 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

F462 Words substituted by virtue of Interpretation Act 1978 (c. 63), s. 25(2)

Modifications etc. (not altering text)

C187 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

M66 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 F463 . . . extends to Scotland only.

Textual Amendments

F463 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

Modifications etc. (not altering text)

C188 Power of appointment conferred by s. 238(2) fully exercised: S.I. 1973/1886, 2181