Local Government (Scotland) Act 1973

Changes over time for: Schedule 23

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Local Government (Scotland) Act 1973, Schedule 23 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Sch. 7 para. 7(3) inserted by 1989 c. 42 Sch. 11 para. 36

Section 184.

X1Schedule 23S Amendment of Enactments Relating to Planning

Editorial Information

X1The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F11S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 23 para. 1 repealed by Ancient Monuments and Archaeological Areas Act (c. 46), Sch. 5

The M1Caravan Sites and Control of Development Act 1960S

Marginal Citations

M11960 C. 62.

2SIn section 32(1) (application of Part I to Scotland), the following amendments shall be made—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph (k)(i), for the words from “in relation” to “county council” there shall be substituted the words “a general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.

Textual Amendments

F2Sch. 23 para. 2(a) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

The M2Town and Country Planning (Scotland) Act 1947S

Marginal Citations

M21947 c. 53

3SIn section 113(1) (interpretation), the following amendments shall be made—

(a)in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”;

(b)in the definition of “planning authority”, for the words “section 2 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”.

The M3Town and Country Planning (Scotland) Act 1959S

Marginal Citations

M31959 c. 70.

4SIn section 27 (powers of disposal of land), the following amendments shall be made—

(a)for subsection (4) there shall be substituted the following subsection—

“(4)Subject to the provisions of this Act, section 74(2) of the Local Government (Scotland) Act 1973 (consideration for disposal of land) shall apply to any disposal of land by an authority to whom this Part of this Act applies in the exercise of a power in relation to which subsection (1) of this section has effect (not being a power under Part VI of the said Act of 1973) as it applies to the like disposal of land by a local authority in the exercise of any power under the said Part VI.”

(b)in subsection (5)(c), for the words from “subsection” to “1947” there shall be substituted the words “section 75(1) of the Local Government (Scotland) Act 1973”.

5SIn Schedule 4 (Authorities to whom Part II applies), the following amendments shall be made—

(a)in paragraph 1, for the word “1947” there shall be substituted the word “1973”;

(b)in paragraph 2, for the word “1947”, where first occurring, there shall be substituted the word “1973”;

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for paragraph 4 there shall be substituted the following paragraph—

“4A river purification authority for the purposes of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965.”

Textual Amendments

F3Sch. 23 para. 5(c) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

The M4Civic Amenities Act 1967S

Marginal Citations

M41967 c. 69.

F46S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 23 para. 6 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

The M5New Towns (Scotland) Act 1968S

Marginal Citations

M51968 c. 16.

7SIn section 6(1) (planning control in new towns), for the words “local planning” there shall be substituted the words “district planning”.

8SIn section 23(2)(i) (extinguishment of public rights of way), for the words “local planning” there shall be substituted the words “district planning” and after the word “situated” there shall be inserted the words “and on any other local authority who appear to him to be concerned”.

9SIn section 35(2) (development corporations may transfer undertaking), for the words “county or burgh” there shall be substituted the words “region, islands area or district”.

10SIn section 36(2)(a)(i) (winding up of development corporations), for the words “county or town council of the burgh” there shall be substituted the words “region, islands area or district”.

11SIn section 41(2) (application of certain enactments), for the words “county council” there shall be substituted the words “regional or islands council concerned”.

12SIn section 47(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”, in the definition of “local highway authority”, for the words from “a highway” onwards there shall be substituted the words “a regional council”, in the definition of “planning authority”, for the word “1947” there shall be substituted the word “1972” and at the appropriate place in alphabetical order there shall be inserted the following definitions—

““regional planning authority” and “district planning authority” have the meanings assigned to them by Part IX of the Local Government (Scotland) Act 1973;”.

13SIn Schedule 1 (procedure for designating site of new town), in paragraph 2, for the words “county or on the town council of the burgh” there shall be substituted the words “region, islands area or district”.

F514S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 23 para. 14 repealed by Industrial Development Act 1982 (c. 52), s. 19, Sch. 2 Pt. I para. 1 Sch. 3

F615S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 23 para. 15 repealed by Town and Country Amenities Act 1974 (c. 32), Sch.