- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (19/11/1998)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 26/03/2001
Point in time view as at 19/11/1998.
Local Government (Scotland) Act 1973,
Part II is up to date with all changes known to be in force on or before 30 August 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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 II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
1SIn section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.
Marginal Citations
2SIn section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.
Marginal Citations
3SIn section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.
4SFor section 3 (rolls of jurors) there shall be substituted the following section:—
The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain a book, known as “the general jury book”, containing the names and designations of persons within the district who are qualified and liable to serve as jurors, and that book shall be kept in the sheriff clerk’s office for the district and shall be open on all lawful days to the inspection of any person”.
5SFor section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—
The High Court of Justiciary and the Court of Session may, by Act of Adjournal or Act of Sederunt, as the case may be, specify the areas from which and the proportions in which jurors are to be summoned for trials in those courts to be held in Edinburgh, and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified”.
F16, 7.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
8SIn section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.
Marginal Citations
9SIn section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.
Marginal Citations
10SIn section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—
“(1)A regional or islands council; and”.
11SIn section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—
“(a)The regional or general rate, as the case may be; and”
Marginal Citations
12SIn section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.
F213, 14.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F315S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
16SIn section 2(1) (duty to acquire land for allotments), the following amendments shall be made—
(a)for the words from “the case of a burgh” to “that parish” there shall be substituted the words “ their area ”;
(b)for the words “the burgh or parish” there shall be substituted the words “ the area ”;
(c)for the words “such burgh or in such parish” there shall be substituted the words “ their area ”;
(d)for the words “the said burgh or the said parish” there shall be substituted the words “ their area ”;
(e)for the words “the said burgh or parish” there shall be substituted the words “ their area ”.
17SIn section 6(2) (management of allotments), for the words “the burgh or parish” there shall be substituted the words “ their area ”.
18SIn section 8(2) (recovery of rent), for the words from “the burgh” to “provided” there shall be substituted the words “ their area ” and for the words “the burgh or parish” (in both places where they subsequently occur) there shall be substituted the words “ their area ”.
19SIn section 14 (register of tenancies), for the words “the burgh or the parish” there shall be substituted the words “ their area ”, for the words “such burgh or parish” there shall be substituted the words “ such area ” and for the words “burgh or parish” (where last occurring) there shall be substituted the word “ area ”.
20SIn section 16 (definitions), in the definition of “local authority”, for the words from “in” (where first occurring) onwards there shall be substituted the words “ an islands or a district council ”.
Marginal Citations
21SSections 3 to 25 shall cease to have effect.
22SSections 42 to 48 shall cease to have effect.
23SIn section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.
Marginal Citations
M91894 C. 60
24SIn section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.
25SIn section 668 (Commissioners of Northern Lights), the following amendments shall be made—
(a)in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;
(b)in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.
Marginal Citations
26In section 3 (definitions),—
(a)the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ” shall cease to have effect,
(b)for the definition of “district” there shall be substituted the following definition—
“Except in section 12 and, where it second occurs in section 36(4) of this Act, the word “district” means the area of the local authority for the purposes of this Act.”
27In section 6, for the words “parish council” there shall be substituted the words “ local authority ”.
28For section 12 there shall be substituted the following section—
The islands or district council shall be the local authority for the purposes of this Act.”
29Section 15 (reports and returns), shall cease to have effect.
F430S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 27 para. 30 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)
F531S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 27 para. 31 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)
F632S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 27 para. 32 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)
33In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155, and 177, the word “ magistrate ” or “ magistrates ”, in each place where either of them occurs, shall cease to have effect.
34Section 28 shall cease to have effect.
35In section 31 (waterclosets etc. used in common) the words “ or of their sanitary inspector ” shall cease to have effect.
36In section 32 (offensive businesses) in subsection (2), the words from “ but, in the case ” onwards shall cease to have effect.
F737S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 27 para. 37 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)
F838S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 27 para. 38 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)
39In section 39 (scavenging of highways)—
(a)in the first paragraph for the words from the beginning to “situated” there shall be substituted the words “ A local authority ” and the words “ within such special scavenging district ” shall cease to have effect;
(b)in the second paragraph for the words “within such special district” and for the words from “district committee” to “council)” there shall be substituted respectively the words “ in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not apply ” and “ local highway authority within the meaning of the 1ocal Government (Scotland) Act 1973 ”.
40In section 42 (removal of manure), the words “ in any special scavenging district ”, in both places where they occur, shall cease to have effect.
41In section 94 (power to require additional supply of water), the words from “ but in the case ” onwards shall cease to have effect.
42Section 118 shall cease to have effect.
43Section 121 (combination of local authorities as to sewerage) shall cease to have effect.
44In section 146 (procedure on neglect of duty),—
(a)in subsection (1), the words “ or for a parish council ” and “ of the county ” shall cease to have effect, and
(b)in subsection (2) the words “ or for any parish council ” shall cease to have effect.
45In section 157, the words “ magistrate or ” shall cease to have effect.
46In section 158, the words “ or magistrates ” shall cease to have effect.
47In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs, shall cease to have effect.
48Sections 191 (saving for county councils and standing joint committees) and 192 (saving of local Acts) shall cease to have effect.
F949S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1050S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
51SIn section 2 (definitions), at the end there shall be added the following definition—
““local authority” means an islands or district council”.
52SIn section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.
Marginal Citations
53SIn section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.
Marginal Citations
54SIn section 18(2) (powers regarding allotments), for the words “town councils” and “town council” there shall be substituted respectively the words “ local authorities ” and “ local authority ”.
F1155S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
56SIn section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.
57SIn section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.
Marginal Citations
58SIn section 7 (common pasture), for the words “the burgh or parish” (wherever they occur) there shall be substituted the words “ their area ”.
59SIn section 10(1) (powers of entry), for the words “town council or parish council” there shall be substituted the words “ local authority ”.
60Sin section 19(1) (interpretation), in the definition of “local authority”, for the words “a town council or parish” there shall be substituted the words “ an islands area or a district ”.
Marginal Citations
61SIn section 2 (refusal of registration), at the end there shall be added the following subsection—
“(4)In this section “local authority” means an islands or district council.”
62SIn section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.
Marginal Citations
63SIn section 22 (burgh churches)—
(a)after subsection (2), there shall be inserted the following subsection—
“(2A)References in any scheme made under this section of this Act and in subsection (2) above to the magistrates or the town council of a burgh and to the burgh within which a burgh church is situated shall, on and after 16th May 1975, be construed respectively as references to the council of the district and to the district within which that burgh church is situated.”;
(b)in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;
(c)in subsection (4)—
(i)before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;
(ii)the words “ continue to ” shall cease to have effect;
(iii)for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.
64SIn section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.
65SIn section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.
66SIn section 32 (transfer of parish churchyards)—
(a)for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;
(b)subsection (3) shall cease to have effect;
(c)in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.
67SIn section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.
F1268S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
69SIn section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.
Marginal Citations
70SIn section 7 (definitions), at the end there shall be added the following definition—
“local authority” means an islands or district council”.
Marginal Citations
71SIn section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—
“(a)in a region, the regional council;
(b)in an islands area, the islands council.”.
Marginal Citations
72SSections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.
73SIn section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.
74SSections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.
75SIn section 77, the following amendments shall be made—
(a)subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and
(b)in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.
76SSection 79 and Schedules 1, 2 and 5 shall cease to have effect.
Marginal Citations
77SIn section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.
Marginal Citations
F1378S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 27 Pt. II para. 78 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III
Marginal Citations
79SIn section 2(2) (transfer of certain churchyards)—
(a)for the words “county or burgh” there shall be substituted the words “ islands area or district ”;
(b)the words from “ or, in the case ” onwards shall cease to have effect.
Marginal Citations
80SIn section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.
Marginal Citations
81SIn section 110 (interpretation) the following amendments shall be made—
(a)in subsection (1), for the definition of “Local authority” there shall be substituted the following definition—
““Local authority” means a regional or islands council.”,
and the definition of “ Large burgh ” shall cease to have effect, and
subsection (2) shall cease to have effect.
Marginal Citations
82SIn section 13 (application to Scotland) the following amendments shall be made—
(a)in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;
(b)in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;
(c)in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;
(d)in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.
(e)subsections (9), (10) and (12) shall cease to have effect.
Marginal Citations
83SIn section 91 (application to Scotland) the following amendments shall be made—
(a)in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—
“(2)The council of a district shall before exercising any function under this Part of this Act consult with the council of the region within which that district is situated.”;
(b)in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;
(c)in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.
(d)for subsection (23) there shall be substituted the following subsection:—
“(23)in section 64(1), for the words from the beginning to “district” there shall be substituted the words “ Any regional, islands or district council ””;
(e)in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;
(f)in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;
(g)in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;
(h)subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.
Marginal Citations
84SIn section 1(8) (interpretation), for the definition of “local authority” there shall be substituted the following definition—
“the expression “local authority” means an islands or district council”.
Marginal Citations
85SIn section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.
86SIn section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.
F1487S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
88SIn section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.
Marginal Citations
89SIn section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.
F1590S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Sch. 27 para. 90 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1
91SIn section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.
92SIn section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.
93SIn section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.
94SIn section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.
95SIn section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.
Marginal Citations
96SIn section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—
“(a)the local authority shall be an islands or district council”.
F1697, 98.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 27 Pt. II paras. 97, 98 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
Marginal Citations
99SIn section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.
Marginal Citations
100SIn section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.
F17101S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
102SIn section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.
103SIn section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.
104SIn section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.
105SIn section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.
Marginal Citations
106SIn section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.
107SIn section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.
Marginal Citations
108SIn section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.
Marginal Citations
109SIn section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.
110SIn section 14 (legalised police cells), the following amendments shall be made—
(a)in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”
(b)in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;
(c)in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;
(d)in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;
(e)in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police M40 (Scotland) Act 1967 it means a joint police committee ”.
Marginal Citations
111SIn section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.
Marginal Citations
112In section 51(5)(a) (power of local authority to contribute towards new post office, etc.), for the words from “or urban district” onwards there shall be substituted the words “urban district, rural district or parish and to the council thereof there shall be substituted references to an islands area or a district and to the council thereof; and references to a contributory place and to a parish meeting shall be omitted;”.
Marginal Citations
113SIn section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.
F18114S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19115S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
116SIn section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.
Marginal Citations
117SIn section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.
Marginal Citations
118SIn section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
Marginal Citations
119SIn section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
Marginal Citations
120SIn section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.
Marginal Citations
121SIn section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—
“(5)In this section “local authority” means an islands or district council”.
122SIn section 21 (cold stores), at the end there shall be added the following subsection—
“(2)In this section “local authority” means an islands or district council”.
123SIn section 26 (administrative authorities), the following amendments shall be made—
(a)in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;
(b)for subsection (4) there shall be substituted the following subsection—
“(4)Subject to the provisions of this Act and of the Local Government (Scotland) Act 1973, in this Act “local authority” means a regional, islands or district council.”
124SIn section 27 (public analysts), at the end there shall be added the following subsection—
“(7)In this section “local authority” means a regional or islands council.”
125SIn section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.
126SIn section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.
Marginal Citations
127SIn section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
F20128S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Sch. 27 para. 128 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6
F21129—131.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
F22132S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F22Sch. 27 para. 132 repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art. 2.
Marginal Citations
133SIn Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.
Marginal Citations
134SIn section 3 (provision of sheltered employment), the following amendments shall be made—
(a)in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;
(b)in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;
(c)subsection (4) shall cease to have effect;
(d)in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.
135SThe Schedule shall cease to have effect.
Marginal Citations
136SIn section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.
137SIn section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.
138SIn section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.
Marginal Citations
139SIn section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
F23140S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
141SIn section 52(2) (application to Scotland), after the definition of “land” there shall be inserted the following definition—
““local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973”.
142SIn section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.
Marginal Citations
F24143S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F24Sch. 27 para. 143 repealed (18.11.1996) by 1996 c. 58, s. 48(2)(3), Sch. 5 (with s. 43(1)
Marginal Citations
F25144S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Sch. 27 para. 144 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46)
Marginal Citations
145SIn the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.
Marginal Citations
146SIn section 1(5)(a) (noise or vibration nuisance), for the words “a county or town council” there shall be substituted the words “ the islands or district council ”.
147SIn section 2(5)(b) (restriction of operation on highways etc. of loudspeakers), for the words “a county council, town council” there shall be substituted the words “ the islands ”.
148SIn section 4 (saving for byelaws), for the words “subsection (5) of section 300 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ section 201(3) of the Local Government (Scotland) Act 1973 ”.
F26149, 150.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
151SIn section 15(1) (interpretation), the following amendments shall be made:—
(a)for the definitions of “local authority” and “area” there shall be substituted the following definition:—
““local authority” has the meaning assigned to it by section 1(2) of this Act;”
(b)for the definition of “sewer” there shall be substituted the following definition:—
““sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;”
F27(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Sch. 27 para. 151(c) repealed (26.5.1997) by 1997 c. 36, s. 8, Sch.; S.I. 1997/1322, art. 2(1)
Marginal Citations
152SIn Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.
Marginal Citations
F28153S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F28Sch. 27 Pt. II para. 153 repealed by Litter Act 1983 (c. 35), Sch. 2
154SIn section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.
155SIn section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.
F29156, 157.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
158SIn section 28(1) (interpretation), the following amendments shall be made:—
(a)in the definition of “local authority”, for the words “town or county” there shall be substituted the words “ regional, islands or district ”;
F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Sch. 27 Pt. II para. 158 (b) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11
F31159S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F31Sch. 27 para. 159 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
[F32160SIn section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.]
Textual Amendments
F32Sch. 27 paras. 160, 161 repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III
161SIn section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.
F33162S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F34163S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
164SIn section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.
F35165S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
166SIn section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.
Marginal Citations
167SIn section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.
F36168S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37169, 170.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
171SIn section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”
172SIn section 78(1) (interpretation), the following amendments shall be made—
(a)in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”;
(b)in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”
173SIn section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.
Marginal Citations
174SSection 26 (enforcing authorities) shall have effect as if—
(a)in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the M73Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;
(b)in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the M74Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
Marginal Citations
175SIn section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—
(a)in subsection (2A)—
(i)for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,
(ii)the last paragraph shall cease to have effect,
(b)in subsection (2B)—
(i)in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,
(ii)paragraph (b) shall cease to have effect.
176SIn section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—
“(cc)for the reference in paragraph (e) thereof to local education authorities there were substituted a reference to education authorities.”.
177SFor section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—
“(3)In this section “local authority” means an islands or district, council.”.
178SIn section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.
Marginal Citations
179SIn section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.
F38180S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F38Sch. 27 para. 180 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
181SFor section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—
“(3)The expenses of a local authority under this Act shall be met from the regional or general rate, as the case may be.”.
F39182S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Sch. 27 para. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
183SIn section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.
184SIn section 2(2) after paragraph (b) there shall be inserted the following paragraph—
“(bb)the Disabled Persons (Employment) Act 1958”.
F40185S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40Sch. 27 para. 185 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(4), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)
186SIn section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.
F41187S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F41Sch. 27 para. 187 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(4), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7)
F42188—190.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
191SIn section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—
“(c)references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956 and to the area of such an authority; and
(d)references to any such council as is mentioned in section 108(8) of this Act and to the area of any such council were references respectively to a regional or islands council and to a region or islands area.”
Marginal Citations
192SIn section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”
Marginal Citations
193SIn section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.
Marginal Citations
F43194S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F43Sch. 27 para. 194 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 3
Marginal Citations
195SIn section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.
196SIn section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.
Marginal Citations
F44197S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
198SIn section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.
199SFor section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—
“(b)“local authority” has the same meaning as in section 1(2) of the Flood Prevention (Scotland) Act 1961.”.
Marginal Citations
200In section 43 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (b), for the words from “the council” onwards there shall be substituted the words “ except in section 17, the islands or district council. ”
F45201S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
202SIn section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.
Marginal Citations
203SIn Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.
Marginal Citations
204SIn section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.
Marginal Citations
205In section 4(2) (authority to be informed about milk tests), for the words from “county council” to “situated” there shall be substituted the words “ islands or district council in Scotland ”.
206SIn section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.
F46207S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
M891973 35.
208SIn section 13(1) (interpretation), the following amendments shall be made—
(a)in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;
(b)in the definition of “local authority”, for the words from “Scotland” onwards there shall be substituted the words “ Scotland, means a regional, islands or district council ”.
Marginal Citations
209SIn section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the M91Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
Marginal Citations
Marginal Citations
210SIn section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.
Marginal Citations
211SIn section 5 (2) (interpretation), in the definition of “local authority”, for the words “the council of any county or burgh” there shall be substituted the words “ an islands or district council ”.
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