Local Government (Scotland) Act 1973

SCHEDULES

Section 1.

SCHEDULE 1 S New Local Government Areas

Part I S

Region	Area covered by reference to existing administrative areas
Highland	The county of Caithness.
	The county of Nairn.
	The County of Sutherland.
	In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven.
	The county of Inverness (except the districts of Barra, Harris, North Uist, South Uist).
	In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale.
	The county of Ross and Cromarty (except the burgh of Stornoway; the district of Lewis).
Grampian	The county of the city of Aberdeen.
	The county of Aberdeen.
	The county of Kincardine.
	The county of Banff.
	The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale).
Tayside	The county of the city of Dundee.
	The county of Angus.
	The county of Kinross.
	The county of Perth (except the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart).
Fife	The county of Fife.
Lothian	The county of the city of Edinburgh.
	The county of East Lothian.
	The county of Midlothian (except the electoral divison of Heriot and Stow).
	The county of West Lothian (except the burgh of Bo’ness; the district of Bo’ness).
Borders	The county of Berwick.
	The county of Peebles.
	The county of Roxburgh.
	The county of Selkirk.
	In the county of Midlothian—the electoral division of Heriot and Stow.
Central	The county of Clackmannan.
	In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart.
	The county of Stirling (except the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)).
	In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness.
Strathclyde	The county of the city of Glasgow.
	The county of Bute.
	The county of Dunbarton.
	The county of Lanark.
	The county of Renfrew.
	The county of Argyll (except the district of Ardnamurchan; the electoral divisions of Ballachulish and Kinlochleven).
	The county of Ayr.
	In the county of Stirling—the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton).
Dumfries and Galloway	The county of Dumfries.
	The county of Kirkcudbright.
	The county of Wigtown.

Part II S

Islands Areas	Area by reference to existing administrative areas
Orkney	The county of Orkney.
Shetland	The county of Zetland.
Western Isles	In the county of Inverness—the districts of Barra, Harris, North Uist, South Uist.
	In the county of Ross and Cromarty—the burgh of Stornoway; the district of Lewis.

Part III S

Name of Region	District	Area of district by reference to existing administrative areas
Highland	Caithness	The county of Caithness.
		In the county of Sutherland—the district of Tongue and Farr.
	Sutherland	The county of Sutherland (except the district of Tongue and Farr).
		In the county of Ross and Cromarty—the electoral division of Kincardine.
	Ross and Cromarty	In the county of Ross and Cromarty—the burghs of Cromarty, Dingwall, Fortrose, Invergordon, Tain; the districts of Avoch, Dingwall, Fearn, Fortrose, Gairloch, Invergordon, Lochbroom, Lochcarron, Muir of Ord; the electoral division of Edderton and Tain.
	Skye and Lochalsh	In the county of Inverness—the district of Skye.
		In the county of Ross and Cromarty—the South West district.
	Lochaber	In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven.
		In the county of Inverness—the burgh of Fort William; the district of Lochaber.
	Inverness	In the county of Inverness—the burgh of Inverness; the districts of Aird, Inverness.
	Badenoch and Strathspey	In the county of Inverness—the burgh of Kingussie; the district of Badenoch.
		In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale.
	Nairn	The county of Nairn.
Grampian	Moray	The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale).
		In the county of Banff—the burghs of Aberlour, Buckie, Cullen, Dufftown, Findochty, Keith, Portknockie; the districts of Buckie, Cullen (except the electoral division of Fordyce), Dufftown, Keith.
	Banff and Buchan	In the county of Banff—the burghs of Aberchirder, Banff, Macduff, Portsoy; the districts of Aberchirder, Banff; the electoral division of Fordyce.
		In the county of Aberdeen—the burghs of Fraserburgh, Peterhead, Rosehearty, Turriff; the districts of Deer, Turriff; the electoral division of Cruden.
	Gordon	In the county of Aberdeen—the burghs of Ellon, Huntly, Inverurie, Kintore, Oldmeldrum; the districts of Aberdeen (except the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood and the parishes of Drumoak, Dyce, Peterculter), Alford, Ellon (except the electoral division of Cruden), Garioch, Huntly.
	City of Aberdeen	The county of the city of Aberdeen.
		In the county of Aberdeen—the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood; the parishes of Dyce, Peterculter.
		In the county of Kincardine—the electoral division of Nigg.
	Kincardine and Deeside	In the county of Aberdeen—the burgh of Ballater; the district of Deeside; the parish of Drumoak.
		In the county of Kincardine—the burghs of Banchory, Inverbervie, Laurencekirk, Stonehaven; the districts of Laurencekirk, St. Cyrus, Stonehaven, Upper Deeside; the electoral divisions of Banchory-Devenick, Maryculter.
Tayside	Angus	In the county of Angus—the burghs of Arbroath, Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the districts of Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the parish of Newtyle.
	City of Dundee	The county of the city of Dundee.
		In the county of Angus—the burgh of Monifieth; the district of Monifieth (except the electoral division of Newtyle and Kettins).
		In the county of Perth—the electoral division of Longforgan.
	Perth and Kinross	The county of Kinross.
		In the county of Angus—the parish of Kettins.
		In the county of Perth—the burghs of Aberfeldy, Abernethy, Alyth, Auchterarder, Blairgowrie and Rattray, Coupar Angus, Crieff, Perth, Pitlochry; the districts Central (except the parish of Muckhart), Eastern, Highland, Perth (except the electoral division of Longforgan); the electoral division of Ardoch.
Fife	Kirkcaldy	In the county of Fife—the burghs of Buckhaven and Methil, Burntisland, Kinghorn, Kirkcaldy, Leslie, Leven, Markinch; the districts of Glenrothes, Kirkcaldy (except that part of the electoral division of Auchtertool within the Gray Park polling district), Wemyss; the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden.
	North East Fife	In the county of Fife—the burghs of Auchtermuchty, Crail, Cupar, Elie and Earlsferry, Falkland, Kilrenny, Anstruther, Easter and Wester, Ladybank, Newburgh, Newport-on-Tay, Pittenweem, St. Andrews, St. Monance, Tayport; the districts of Cupar, St. Andrews.
	Dunfermline	In the county of Fife—the burghs of Cowdenbeath, Culross, Dunfermline, Inverkeithing, Lochgelly; the districts of Dunfermline, Lochgelly (except the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden); that part of the electoral division of Auchtertool within the Gray Park polling district.
Lothian	West Lothian	In the county of West Lothian—the burghs of Armadale, Bathgate, Linlithgow, Whitburn; the districts of Linlithgow, Torphichen and Bathgate, Uphall, Whitburn and Livingston; the electoral divisions of Abercorn, Winchburgh East and Winchburgh West.
		In the county of Midlothian—the districts of East Calder, West Calder.
	City of Edinburgh	The county of the city of Edinburgh.
		In the county of West Lothian—the burgh of Queensferry; the district of Kirkliston and Winchburgh (except the electoral divisions of Abercorn, Winchburgh East and Winchburgh West).
		In the county of Midlothian—the district of Currie and the parish of Cramond.
	Midlothian	In the county of Midlothian—the burghs of Bonnyrigg and Lasswade, Dalkeith, Loanhead, Penicuik; the districts of Gala Water (except the electoral division of Heriot and Stow), Lasswade, Musselburgh (except the parish of Inveresk), Newbattle, Penicuik.
	East Lothian	The county of East Lothian.
		In the county of Midlothian—the burgh of Musselburgh; the parish of Inveresk.
Central	Clackmannan	The county of Clackmannan.
		In the county of Perth—the parish of Muckhart.
	Stirling	In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch).
		In the county of Stirling—the burghs of Bridge of Allan, Stirling; the districts Central No. 1, Western No. 1, Western No. 2.
	Falkirk	In the county of Stirling—the burghs of Denny and Dunipace, Falkirk, Grangemouth; the districts Eastern No. 1, Eastern No. 2, Eastern No. 3, Central No. 2 (except the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)).
		In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness.
Borders	Tweeddale	The county of Peebles.
	Ettrick and Lauderdale	The county of Selkirk.
		In the county of Berwick—the burgh of Lauder; the West district (except the electoral divisions of Gordon, Hume and Nenthorn, Westruther).
		In the county of Midlothian—the electoral divison of Heriot and Stow.
		In the county of Roxburgh—the burgh of Melrose; the district of Melrose (except that part of the parish of Roxburgh which lies within this district).
	Roxburgh	In the county of Berwick—the parish of Nenthorn.
		In the county of Roxburgh—the burghs of Hawick, Jedburgh, Kelso; the districts of Hawick, Jedburgh, Kelso; that part of the parish of Roxburgh within the district of Melrose.
	Berwickshire	In the county of Berwick—the burghs of Coldstream, Duns, Eyemouth; the East district; the Middle district; the electoral divisions of Gordon, Westruther; the parish of Hume.
Strathclyde	Argyll	In the county of Argyll—the burghs of Campbeltown, Dunoon, Inverarray, Lochgilphead, Oban, Tobermory; the districts of Cowal, Islay, Jura and Colonsay, Kintyre, Mid Argyll, Mull, North Lorn (except the electoral divisions of Ballachulish, Kinlochleven), South Lorn, Tiree and Coll.
		In the county of Bute—the burgh of Rothesay; the district of Bute.
	Dumbarton	In the county of Dunbarton—the burghs of Dumbarton, Cove and Kilcreggan, Helensburgh; the districts of Helensburgh, Vale of Leven; the electoral divisions of Bowling, Dunbarton.
	City of Glasgow	The county of the city of Glasgow.
		In the county of Lanark—the burgh of Rutherglen; in the Eighth district, the electoral divisions of Bankhead, Cambuslang Central, Cambuslang North, Hallside, Rutherglen, and those parts of Cambuslang South and Carmunnock electoral divisions lying outwith the designated area of East Kilbride New Town; in the Ninth district, the electoral divisions of Baillieston, Garrowhill, Mount Vernon and Carmyle, Springboig.
	Clydebank	In the county of Dunbarton—the burgh of Clydebank; the district of Old Kilpatrick (except the electoral divisions of Bowling, Dunbarton, and that part of the electoral division of Hardgate lying within the parish of New Kilpatrick).
	Bearsden and Milngavie	In the county of Dunbarton—the burghs of Bearsden, Milngavie; that part of the electoral division of Hardgate lying within the parish of New Kilpatrick.
	Bishopbriggs and Kirkintilloch	In the county of Dunbarton—the burgh of Kirkintilloch; those parts of the electoral divisions of Twechar and Waterside lying outwith the designated area of Cumbernauld New Town.
		In the county of Lanark—the burgh of Bishopbriggs; the electoral divisions of Chryston, Stepps.
		In the county of Stirling—the Western No. 3 district.
	Cumbernauld	In the county of Dunbarton—the burgh of Cumbernauld; the electoral division of Croy and Dullatur and those parts of the electoral divisions of Twechar and Waterside lying within the designated area of Cumbernauld New Town.
		In the county of Stirling—the burgh of Kilsyth; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton).
	Monklands	In the county of Lanark—the burghs of Airdrie, Coatbridge; the Ninth district (except the electoral divisions of Baillieston, Chryston, Garrowhill, Mount Vernon and Carmyle, Springboig, Stepps); in the Seventh district, the electoral division of Shottskirk.
	Motherwell	In the county of Lanark—the burgh of Motherwell and Wishaw; the Sixth district (except the electoral divisions of Bothwell and Uddingston South, Uddingston North), the Seventh district (except the electoral division of Shottskirk).
	Hamilton	In the county of Lanark—the burgh of Hamilton; the Fourth district (except the electoral division of Avondale); in the Sixth district, the electoral divisions of Bothwell and Uddingston South, Uddingston North; in the Eighth district, the electoral divisions of Blantyre, Stonefield, and that part of High Blantyre electoral division lying outwith the designated area of East Kilbride New Town.
	East Kilbride	In the county of Lanark—the burgh of East Kilbride; in the Fourth district, the electoral division of Avondale; in the Eighth district, those parts of High Blantyre, Cambuslang South, and Carmunnock electoral divisions lying within the designated area of East Kilbride New Town.
	Eastwood	In the county of Renfrew—the First district.
	Lanark	In the county of Lanark—the burghs of Biggar, Lanark; the First, Second, Third districts.
	Renfrew	In the county of Renfrew—the burghs of Barrhead, Johnstone, Paisley, Renfrew; the Second, Third, Fourth districts.
	Inverclyde	In the county of Renfrew—the burghs of Gourock, Greenock, Port Glasgow; the Fifth district.
	Cunninghame	In the county of Ayr—the burghs of Ardrossan, Irvine, Kilwinning, Largs, Saltcoats, Stevenston; the districts of Irvine, Kilbirnie, West Kilbride; those parts of the designated area of Irvine New Town within the Ayr and Kilmarnock districts.
		In the county of Bute—the burgh of Millport; the districts of Arran, Cumbrae.
	Kilmarnock and Loudoun	In the county of Ayr—the burghs of Darvel, Galston, Kilmarnock, Newmilns and Greenholm, Stewarton; the district of Kilmarnock (except that part of the designated area of Irvine New Town within this district).
	Kyle and Carrick	In the county of Ayr—the burghs of Ayr, Girvan, Maybole, Prestwick, Troon; the district of Ayr (except that part of the designated area of Irvine New Town within this district), Girvan, Maybole; that part of the parish of Ayr within the district of Dalmellington; the polling district of Coylton.
	Cumnock and Doon Valley	In the county of Ayr—the burgh of Cumnock and Holmhead; the districts of Cumnock, Dalmellington (except that part of the parish of Ayr within this district; the polling district of Coylton).
Dumfries and Galloway	Merrick	The county of Wigtown.
		In the county of Kirkcudbright—the Western district (except the electoral division of Anwoth and Girthon).
	Stewartry	In the county of Kirkcudbright—the burghs of Castle Douglas, Dalbeattie, Gatehouse of Fleet, Kirkcudbright, New Galloway; the districts of Castle Douglas, Dalbeattie, Glenkens, Kirkcudbright; the electoral division of Anwoth and Girthon.
	Nithsdale	In the county of Dumfries—the burghs of Dumfries, Sanquhar; the districts of Dumfries (except the parishes of Dalton, Lochmaben), Thornhill, Upper Nithsdale.
		In the county of Kirkcudbright—the Eastern district.
	Annandale and Eskdale	In the county of Dumfries—the burghs of Annan, Langholm, Lockerbie, Lochmaben, Moffat; the districts of Annan, Gretna, Langholm, Lockerbie, Moffat; the parishes of Dalton, Lochmaben.

Part IV S

Provisions as to boundaries S

1 The boundaries of the new local government areas shall be mered by Ordnance Survey.

2 Any such boundary defined on the map annexed to any order under Part VI of the M1 Local Government (Scotland) Act 1947 by reference to proposed works shall, until such works are carried out, be mered as if the boundary had not been so defined.

Marginal Citations

M1 1947 c. 43.

3 In this Schedule references to existing polling districts shall mean those districts as bounded as at 16th May 1973.

Section 11.

SCHEDULE 2 S Establishment of New Local Authorities

First elections of councillors S

1 (1) For the purpose of any election of councillors held before the relevant year of election, every region and islands area shall be divided into such electoral divisions, and every district shall be divided into such wards, as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultations as he thinks appropriate.

(2) In this paragraph, “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area (being 1978 or any fourth year thereafter in the case of regional or islands councillors, and 1977 or any of the subsequent years stated or referred to in section 4(4) of this Act in the case of district councillors) occurring after the making of any order constituting the new electoral areas of that local government area in consequence of a review under Schedule 5 to this Act.

(3) A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.

2 (1) At the first elections of councillors for the new local authorities, the returning officer shall be an officer of the council appointed by such existing county or town council as the Secretary of State may direct.

(2) In relation to any such election, if in any electoral division of a region there is a contested election of a regional councillor, any contested election of a district councillor for a ward within that division shall take place in the polling stations and with the presiding officers and clerks appointed for the election of the regional councillor.

(3) Section 7(5)

of this Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of that election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 2 para. 2(4)(5) repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I

Qualification for membership S

3 For the purposes of section 29 of this Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.

First meetings of new councils S

4 (1) The first meeting of each new council shall be held within twenty-one days immediately following the day of election.

(2) The first meeting shall be convened by a person designated—

(a) in a case where there is a committee for the area established under section 230 of this Act, by the committee; and

(b) in any other case, by the Secretary of State;

and shall be held at such place as the said person may appoint.

(3) The notice of the meeting required by paragraph 2(1)

of Schedule 7 to this Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.

5 (1) Until the completion of the election of a chairman at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the chairman of the council, but the person so acting as chairman shall not be entitled to vote unless he is a councillor for the new area.

(2) At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3) The standing orders for the regulation of the proceedings and business of an existing authority, designated in the manner indicated in heads (a) and (b) of paragraph 4(2) above, shall apply at the first meeting of a new council.

Suspension of elections S

6 (1) No election of councillors of an existing local authority shall be held after the end of 1973, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 59(3) of the 1947 Act before the end of 1973; but, notwithstanding the provisions of any local statutory provision, after the last mentioned date any such casual vacancy may be filled in accordance with section 59(1) of that Act by the authority themselves electing a person to fill the vacancy.

(2) Any councillor of an existing local authority holding office immediately before the end of 1973 or elected after the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 16th May 1975:

Provided that nothing in this sub-paragraph shall operate to continue any councillor in the office of provost, bailie, honorary treasurer, judge of police or dean of guild of a burgh beyond the date at which he would have ceased to hold that office if this Act had not been passed, and any reference in any enactment to the day of an annual election of councillors shall be construed as a reference to the day on which such election would have been held if this Act had not been passed.

SCHEDULE 3 S

F2 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4

F3 2—18. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 3 paras. 2–18 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 Pt. II

F4 19 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4

F5 20—23. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 3 paras. 20–23 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II

Section 12.

SCHEDULE 4 S Constitution and Proceedings of the Local Government Boundary Commission for Scotland

1 (1) The Boundary Commission shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members. S

(2) The members of the Commission shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.

(3) The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—

(a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d) is otherwise unable or unfit to discharge the function of a member.

(4) The common seal of the Commission shall be authenticated by the signature of a member of the Commission or of some other person authorised in that behalf by the Commission.

2 (1) There shall be paid to each member of the Boundary Commission such salary or fees and allowances as may from time to time be determined by the Secretary of State with the consent of [F6 the Treasury].

(2) The Commission may pay such pension, allowance or gratuity to or in respect of any member of the Commission on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, with the consent of [F7 the Treasury], determine.

(3) If a person ceases to be a member of the Commission, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the consent of [F8 the Treasury], require the Commission to pay to that person a sum of such amount as the Secretary of State may, with the consent aforesaid, determine.

Textual Amendments

F6 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

F7 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c), 3(5)

F8 Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(d), 3(5)

F9 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 4 para. 3 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

4 (1) The Secretary of State may appoint, to assist and advise the Boundary Commission in the exercise of the Commission’s functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to the Commission. S

(2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of [F10 the Treasury].

Textual Amendments

F10 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

5 S At any meeting of the Boundary Commission three shall be the quorum.

6 S All acts done at a meeting of the Boundary Commission shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of the Commission, be as valid as if the defect had not existed.

7 S Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of the Boundary Commission at and in connection with their meetings shall be such as they may from time to time determine.

Officers and servants, remuneration and expenses S

8 (1) The Secretary of State may appoint a secretary to the Boundary Commission and such other officers and servants of the Commission as he may, with the approval of [F11 the Treasury] determine.

(2) Before appointing a person to be secretary to the Commission, the Secretary of State shall consult with the Commission.

(3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State with the approval of [F11 the Treasury].

(4) The Commission may, with the approval of the Secretary of State and of [F11 the Treasury], pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

(5) The Commission may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.

Textual Amendments

F11 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

9 The expenses of the Boundary Commission including—

(a) the salaries, fees and allowances of its members,

(b) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,

(c) any payment of compensation to a person who ceases to be a member,

(d) the remuneration and any expenses paid to an assistant commissioner, and

(e) the remuneration and any expenses paid to the officers and servants of the Commission, and

(f) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of the Commission,

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by Parliament.

Proof of documents S

10 (1) Every document purporting to be an instrument made or issued by the Boundary Commission and to be duly sealed with the seal of the Commission or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by the Commission. S

(2) Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of the Commission to be a true copy of the instrument.

Section 20.

SCHEDULE 5 S Initial Review of Local Government Areas and Electoral Arrangements

1 As soon as practicable after the establishment of the Boundary Commission, they shall—

(a) review such local government areas or parts thereof as the Secretary of State may direct, for the purpose of considering (subject to sub-paragraph (b) below) whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly;

(b) review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas, and shall formulate proposals for those arrangements accordingly.

2 The provisions of Part II of this Act shall apply to a review under paragraph 1(a) or (b) above as they apply to a review under section 14 or 16 of this Act as the case may be, but in its application to a review under either of those sub-paragraphs section 17 of this Act shall have effect as if it required—

(a) the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and

(b) the Secretary of State to make an order thereunder giving effect to the proposals of the Commission under sub-paragraph (b) above (whether as submitted to him or with modifications).

Section 28.

SCHEDULE 6 S Rules to be Observed in Considering Electoral Arrangements

1 (1) This Schedule applies to the consideration by the Secretary of State or the Boundary Commission of the electoral arrangements for election of councillors of local government areas.

(2) Having regard to any change in the number or distribution of electors of a local government area likely to take place within the period of five years immediately following the consideration—

(a) the number of local government electors shall be, as nearly as may be, the same in every electoral area of that local government area;

(b) every regional electoral division shall lie wholly within a single district;

(c) every district ward shall lie wholly within a single regional electoral division.

(3) Subject to sub-paragraph (2)above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

(a) the desirability of fixing boundaries which are and will remain easily identifiable;

(b) any local ties which would be broken by the fixing of any particular boundary.

2 The strict application of the rule stated in paragraph 1(2)(a) above may be departed from in any area where special geographical considerations appear to render a departure desirable.

Section 97.

SCHEDULE 7 S Meetings and Proceedings of Local Authorities

Modifications etc. (not altering text)

C1 Sch. 7 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Sch. 7 applied (with modifications) (25.4.2002) by The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I. 2002/201), art. {10(5)}

Sch. 7 applied (with modifications) (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I 2003/1), {art. 10(5)}

C2 Sch. 7 modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(3), 62; S.S.I. 2003/134, art. 2(1), Sch.

1 (1) A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election.

(2) Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine.

(3) Meetings shall be held at such place, either within or without their area, as the council may direct.

(4) A special meeting may be called at any time by the chairman of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.

2 (1) Three clear days at least before a meeting of a council—

(a) notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

(b) a summons to attend the meeting, specifying the business to be transacted thereat and signed by the proper officer of the council, shall, subject to sub-paragraph (2) below, be left at or sent by post to the usual place of residence of every member of the council.

(2) If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent by post to that address shall be deemed sufficient service of the summons.

(3) Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council.

(4) Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council [F12 and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders], no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

Textual Amendments

F12 Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(a)

Modifications etc. (not altering text)

C3 Sch. 7 para. 2(1) modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 4(3); S.I. 1994/2850, art. 2, Sch. 1

3 (1) At a meeting of a council the chairman, if present, shall preside.

[F13 (2) If the chairman is absent from a meeting of the council, the vice-chairman shall preside.

(3) If the chairman and vice-chairman are absent from a meeting of the council, another member of the council chosen by the members present shall preside.]

Textual Amendments

F13 Para. 3 (2)(3) substituted for para. 3(2) by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(a)

4 (1) Subject to sub-paragraph (2) S

below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present.

(2) Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.

5 (1) Subject to this or any other Act [F14 and to any provisions of standing orders relating to the suspension of such orders], all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council.

(2) In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment [F14 of a member of the council] to any particular office or committee, in which case the decision shall be by lot.

Textual Amendments

F14 Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(b)(c)

6 S The names of the members present at a meeting of a council shall be recorded.

Modifications etc. (not altering text)

C4 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

7 (1) Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof. S

(2) Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

Modifications etc. (not altering text)

C5 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

8 S Subject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

Modifications etc. (not altering text)

C6 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

9 S The proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

Modifications etc. (not altering text)

C7 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11

10 S [F15 (1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to—

(a) a committee (including a joint committee) of a council and that committee’s members; or

(b) a sub-committee of any such committee of a council and that sub-committee’s members.

as those paragraphs apply in relation to a council and that council’s members.]

(2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members [F16 recorded under paragraph 6 above as having been] present at the meeting shall be deemed to have been duly qualified.

Textual Amendments

F15 Para. 10(1) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(i)

F16 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(ii)

[F17 SCHEDULE 7A S Access to Information: Exempt Information

Textual Amendments

F17 Sch. 7A inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 2(2), Sch. 1 Pt. II

Modifications etc. (not altering text)

C8 Sch. 7A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part I S Descriptions of Exempt Information

1 S Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.

2 S Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

3 S Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

4 S Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

5 S Information relating to the adoption, care, fostering or education of any particular child or relating to the supervision or residence of any particular child in accordance with a supervision requirement made in respect of that child under the M2 Social Work (Scotland) Act 1968.

Marginal Citations

M2 1968 c. 16(81:3).

6 S Information relating to the financial or business affairs of any particular person (other than the authority).

7 S Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).

8 S The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9 S Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10 S The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.

11 S Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

12 S Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with—

(a) any legal proceedings by or against the authority, or

(b) the determination of any matter affecting the authority,

(whether, in either case, proceedings have been commenced or are in contemplation).

13 S Information which, if disclosed to the public, would reveal that the authority proposes—

(a) to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b) to make an order or direction under any enactment.

14 S Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15 S The identity of a protected informant.

Part II S Qualifications

1 S Information relating to a person of a description specified in any of paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to a person of that description in the capacity indicated by the description.

2 Information falling within paragraph 6 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—

(a) the M3 Companies Act 1985;

(b) the M4 Friendly Societies Act 1974;

(c) the Industrial and Provident Societies Acts 1965 to 1978; or

(d) the M5 Building Societies Act 1962.

Marginal Citations

M3 1985 c. 6(27.)

M4 1974 c. 46(55:1.)

M5 1962 c. 37

3 S Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against such other persons.

4 S Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.

5 S Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.

6 S Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.

Part III S Interpretation]

1 (1) In this Schedule—

• “child” means a person under the age of eighteen years and any person who has attained that age and is in attendance as a pupil at a school;

• “disposal” in relation to property, includes the granting of an interest in or right over it;

• “employee” means a person employed under a contract of service;

• “financial or business affairs” includes contemplated, as well as past or current, activities;

• “labour relations matter” means—

(a) any of the matters specified in paragraphs (a) to (g) of section 29(1) of the M6 Trade Union and Labour Relations Act 1974 (matters which may be the subject of a trade dispute, within the meaning of that Act); or

(b) any dispute about a matter falling within paragraph (a) above;

and for the purposes of this definition the enactments mentioned in paragraph (a) above, with the necessary modifications, shall apply in relation to office-holders under the authority as they apply in relation to employees of the authority;

• “office-holder”in relation to the authority, means the holder of any paid office appointments to which are or may be made or confirmed by the authority or by any joint board on which the authority is represented or by any person who holds any such office or is an employee of the authority;

• “protected informant” means a person giving the authority information which tends to show that—

(a) a criminal offence,

(b) a breach of statutory duty,

(c) a breach of planning control, as defined in section 84(2) of the M7 Town and Country Planning (Scotland) Act 1972, or

(d) a nuisance,

has been, is being or is about to be committed;

“tender for a contract” includes a written statement prepared by the authority in pursuance of section 9(2) of the M8 Local Government, Planning and Land Act 1980 (estimated cost of carrying out functional work by direct labour).

(2) Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—

(a) in the case of a local authority, to any committee or sub-committee of, or constituted by, the authority; and

(b) in the case of a committee or sub-committee, to—

(i) any local authority of which it is a committee or sub-committee or by which it is constituted; and

(ii) any other committee or sub-committee of, or constituted by, that local authority or the committee in question;

and for the purposes of this sub-paragraph a committee or sub-committee is “constituted” by a local authority if the authority is its constituent authority within the meaning of section 50E(3) above.

Marginal Citations

M6 1974 c. 52(43:5).

M7 1972 c. 52(123:2).

M8 1980 c. 65(81:1).

Section 97.

SCHEDULE 8 S Provisions as to the [F18 Commission for Local Authority Accounts in Scotland][F18 Accounts Commission for Scotland]

Textual Amendments

F18 Words commencing “Accounts Commission” substituted (prosp.) for words commencing “Commission for Local Authority” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 13

1 The [F19 Commission for Local Authority Accounts in Scotland][F19 Accounts Commission for Scotland] (hereafter in this Schedule referred to as “the Commission”) shall be a body corporate and shall have a common seal.

Textual Amendments

F19 Words commencing “Accounts Commission” substituted (prosp.) for words commencing “Commission for Local Authority” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 13

2 (1) Each member of the Commission shall, subject to sub-paragraph (4) S

below, hold and vacate office in accordance with the terms of his appointment.

(2) A member of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

(3) A person who has held office as a member of the Commission shall be eligible for reappointment.

(4) The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—

(a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

(d) is otherwise unable or unfit to discharge the function of a member.

3 (1) The Secretary of State shall appoint one of the members of the Commission to be chairman, and another of the members of the Commission to be deputy chairman, of the Commission. S

(2) The chairman or deputy chairman of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

(3) If the chairman or deputy chairman of the Commission ceases to be a member of the Commission he shall cease to be chairman or, as the case may be, deputy chairman of the Commission.

[F20 3A There may be paid to any member of the Commission out of their funds such salary or fees and allowances as may be approved by the Secretary of State.]

Textual Amendments

F20 Para. 3A added by Local Government (Scotland) Act 1975 (c. 30), s. 17

4 (1) At any meeting of the Commission the quorum shall be five or such larger number as the Commission may determine.

(2) In the case of an equality of votes at any meeting of the Commission the person acting as chairman of the meeting shall have a second or casting vote.

(3) The proceedings of the Commission shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the Commission.

(4) Subject to the foregoing provisions of this paragraph, the Commission shall have power to regulate their own procedure.

5 (1) The application of the seal of the Commission to any document shall be authenticated by the signatures of at least one member of the Commission and of an officer of the Commission authorised by them in that behalf.

(2) Any document purporting to be a document issued by the Commission and to be duly sealed as provided in sub-paragraph (1) above or to be signed on behalf of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so issued.

6 (1) Officers and agents appointed by the Commission shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the Commission think fit.

(2) The Commission may pay such pensions, allowances or gratuities to or in respect of any of their officers on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as the Commission think fit.

7 The Commission shall have power generally to do such acts as may appear to them to be necessary or expedient for the proper discharge of their functions and, without prejudice to the generality of the foregoing provision, the Commission may—

(a) borrow, on the security of any property belonging to them, any money necessary for the purpose of meeting any expenses incurred by them in or in connection with the discharge of their functions;

(b) acquire such property (whether heritable or moveable) as may, in the opinion of the Commission, be necessary or desirable for the discharge of any of their functions, and dispose as they think fit of any property so acquired.

Section 122.

X1 SCHEDULE 9 S Amendments with respect to Finance

Editorial Information

X1 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

M9 The Local Government (Scotland) Act 1947 S

Marginal Citations

M9 1947 c. 43.

1 S In section 195, after the words “this Act” there shall be inserted the words “or Part VII of the Local Government (Scotland) Act 1973.”

2 S In section 216—

(a) for the words from “as early” to “July” there shall be substituted the words “by such date as may be prescribed”;

(b) for the words from “as the authorities” to “determine” there shall be substituted the words “as may be prescribed”;

(c) at the end there shall be inserted the following words:—

“In this section—

(a) references to a joint committee or joint board shall be construed as references to a joint committee or joint board all the members of which, other than ex officio members, are appointed by one or more local authorities;

(b) “prescribed” means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973.”

F21 3—5. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 9 paras. 3–5 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

6 S In section 231, the words “and save as otherwise provided in any local Act”, the words “the office of the collector of the authority or at” and the word “other” shall cease to have effect.

7 S In section 232, in subsection (1), in the proviso, paragraph (c) shall cease to have effect.

F22 8 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 9 para. 8 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

9 S In section 237—

(a) subsection (2)(f) shall cease to have effect;

(b) for subsection (3) there shall be substituted the following subsection:—

“(3) A demand note shall be in such form, and shall contain such information in addition to the information required by subsection (2) above, as may be prescribed by regulations made by the Secretary of State under section 1ll of the Local Government (Scotland) Act 1973”.

10 S In section 238, subsection (4) shall cease to have effect.

11 In section 243, in subsection (1), the words “in a local Act or” shall cease to have effect.

12 S In section 252, the words from “whether such expenses” to “county council” shall cease to have effect.

F23 13—15. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 9 paras. 13–15 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

16 S In section 259—

(a) in subsection (1), paragraph (a) shall cease to have effect and in the proviso, for the words “paragraphs (a) and” there shall be substituted the word “paragraph”;

(b) subsections (2) and (3) shall cease to have effect.

17 S In section 260—

(a) in subsection (1), in paragraph (e), the words “in the case of a county council or town council” shall cease to have effect;

(b) subsection (2) shall cease to have effect.

18 S In section 261—

(a) in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act” shall cease to have effect; for the words “of the council” there shall be substituted the words “of the authority”; the words from “and all money” to “pari passu” shall cease to have effect; for the words “a council” there shall be substituted the words “a local authority”; and for the words “which the council” there shall be substituted the words “which the authority”;

(b) in subsection (3), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”;

(c) in subsection (5), for the words “section seventy-one of, or the Fourth Schedule to, the M10 Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the M11 Housing (Scotland) Act 1966”.

Marginal Citations

M10 1925 c. 15.

M11 1966 c. 49.

19 S In section 262, in subsection (1), in paragraph (b) of the proviso, for the words “paragraph (d), (e), (f) or (g)” there shall be substituted the words “paragraph (d), (f), (g), (ga) or (gb)” and the words from “in order” to “relates” and the words from “in accordance” onwards shall cease to have effect.

20 S In section 263, in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “or under a local Act” shall cease to have effect; and for the words “the council”, in both places where they occur, there shall be substituted the words “the authority”.

21 S In section 264, subsection (4) shall cease to have effect.

22 S In section 265, in subsection (5), the words “with the sanction of the Secretary of State” shall cease to have effect.

23 S In section 266—

(a) in subsection (1), the words from “and if it appears” to the end shall cease to have effect;

(b) in subsection (3), the words “with the consent of the Secretary of State” shall cease to have effect;

(c) in subsection (4), the words “subject to obtaining the consent of the Secretary of State” and the words “with the like consent” shall cease to have effect.

24 S In section 268, in subsection (2), the words from “Where the treasurer” to the end shall cease to have effect.

25 S In section 269—

(a) in subsections (1) to (3), for the words “county council or a town council” and “county council or town council”, wherever they occur, there shall be substituted the words “local authority”; and for the words “the council”, wherever they occur, there shall be substituted the words “the authority”;

(b) in subsection (1), in the proviso, paragraph (a) shall cease to have effect.

26 S In section 271, in subsection (1), the words from “by a county council” to “section” shall cease to have effect and subsection (2) shall cease to have effect.

27 S In section 272, for the words “county council or town council” there shall be substituted the words “local authority”.

28 S In section 273—

(a) in subsections (1) to (3), for the words “county council or town council” there shall be substituted the words “local authority”;

(b) in subsection (1), for the words “the council” there shall be substituted the words “the authority”.

29 S In section 274, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and the proviso shall cease to have effect.

30 S In section 275—

(a) in subsection (1), for the words from “county council” to “that effect” there shall be substituted the words “local authority shall, as from 16th May 1975,”; and for the words “the council” there shall be substituted the words “the authority”;

(b) in subsection (2), for the word “council” there shall be substituted the word “authority”;

(c) subsection (3) shall cease to have effect;

(d) in subsection (4), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”.

31 S In section 279—

(a) the words “with consent of the Secretary of State” shall cease to have effect;

(b) in the proviso, in paragraph (i), the words from “shall require” to “fund or” shall cease to have effect;

(c) in the proviso, paragraph (ii) shall cease to have effect.

32 S In section 292, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”.

33 S In section 295, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

34 S In section 379, in subsection (1)—

(a) in the definition of “security”, for the words “a burgh” there shall be substituted the words “an islands area or district”;

(b) in the definition of “statutory borrowing power”, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

35 S In Schedule 7, in Form (1)—

(a) in Note (1), for the words “a burgh” there shall be substituted the words “an islands area or district”; and the words “of the burgh” shall cease to have effect;

(b) in Note (2), the word “district” shall cease to have effect;

(c) Note (3) shall cease to have effect.

36 S In Schedule 8—

(a) in the title, for the words “COUNTY COUNCIL OR TOWN COUNCIL” there shall be substituted the words “LOCAL AUTHORITY”;

(b) in rule 1, for the definition of “appointed day” there shall be substituted the following definition:—

““appointed day” means 16th May 1975”;

(c) in rule 1, for the definition of “council” there shall be substituted the following definition:—

““council”means a regional, islands or district council”;

(d) in rule 18, in paragraph (4), in the proviso, for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”;

(e) in rule 20, for the words from “and the auditor” to the end there shall be substituted the words “and shall be audited in accordance with Part VII of the Local Government (Scotland) Act 1973”.

The M12 Local Government Act 1948 S

Marginal Citations

M12 1948 c. 26.

37 In section 124, in subsection (2), for the words “county, burgh” there shall be substituted the words “islands area”.

38 S In section 144, subsections (3), (4) and (8) shall cease to have effect in relation to Part V of the Act.

39 S In section 145, in subsection (2)—

(a) the definitions of “large burgh” and “small burgh” shall cease to have effect;

(b) for the definition of “local authority” there shall be substituted the following definition:—

““local authority” means a regional, islands or district council;”.

The M13 Rating and Valuation (Scotland) Act 1952 S

Marginal Citations

M13 1952 c. 47.

40 In section 1, in subsection (1), in paragraph (b), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “valuation area”.

41 In section 3, for the words “rating authority”, in both places where they occur, there shall be substituted the words “local authority”.

42 In section 4, for the words “any county, burgh” there shall be substituted the words “any islands area”; and for the words “each county, burgh” there shall be substituted the words “each islands area”.

43 For section 8(1) there shall be substituted the following subsection:—

“(1) In this Act “local authority” has the same meaning as in the Local Government (Scotland) Act 1973”.

The M14 Valuation and Rating (Scotland) Act 1956 S

Marginal Citations

M14 1956 c. 60.

44 S In section 1—

(a) subsections (1) to (4) shall cease to have effect;

(b) in subsection (5), for the words “section eighty-three or ninety-three of the Act of 1947” there shall be substituted the words “section 116(2) of the Local Government (Scotland) Act 1973”; and the words “under this section” shall cease to have effect;

(c) subsection (6) shall cease to have effect;

(d) in subsection (7), the words “appointed under this section” shall cease to have effect.

F24 45, 46. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 9 paras. 45, 46 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

47 S In section 11, at the end there shall be inserted the following subsection:—

“(4) Any provision of any local Act which is inconsistent with the foregoing provisions of this section shall cease to have effect.”

48 S In section 21, in subsection (1), the words “are situated within the landward area of a county and” shall cease to have effect.

49 S In section 24, in subsection (4), in the definition of “separately rated area”, for the words from “a burgh”, where they first occur, to the end there shall be substituted the words “an islands area or district”.

50 S In section 43, in subsection (1), the definitions of “burgh”, “large burgh” and “rating authority” shall cease to have effect.

51 S In Schedule 4—

(a) in paragraph 10, for the words “rating authority” there shall be substituted the words “local authority”;

(b) in paragraph 11, in sub-paragraph (3), in the proviso, for the words “rating authorities”, in both places where they occur, there shall be substituted the words “local authorities”.

The M15 Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 S

Marginal Citations

M15 1958 c. 64.

52 S Section 8 shall cease to have effect.

The M16 Local Government (Financial Provisions) (Scotland) Act 1963 S

Marginal Citations

M16 1963 c. 12

53 In section 7, in subsection (4), for the words from “estimate the rateable valuation” to the end there shall be substituted the following words:—

“estimate the rateable valuation in that year of revaluation—

(a) in a case where the valuation area is a region, of each district within that region ;

(b) in a case where the valuation area is an islands area, of that islands area;

and shall send certified copies of the estimate so made to the rating authority for that region or for that islands area, as the case may be, to the councils of all districts within that region and to the Secretary of State.”

54 S In section 9—

(a) in subsection (1), for the word “rules” there shall be substituted the word “regulations”; and for the words “this subsection” there shall be substituted the words “section 111 of the Local Government (Scotland) Act 1973”;

(b) in subsection (3), for the words “area which is a burgh or the landward area of a county” there shall be substituted the words “district or islands area”; F25 . . ..

(c) after subsection (3) there shall be inserted the following subsection:—

“(3A) The standard penny rate product for any year of an area which is a region shall be taken to be an amount equal to the sum of the standard penny rate products for that year of the districts comprised in that region.”;

(d) in subsection (4), for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) above” and the words “to county councils and town councils” shall cease to have effect;

(e) in subsection (6), for the words “burgh or of the landward area of a county” there shall be substituted the words “district or islands area”; and for the words “burgh or, as the case may be, the landward area”, in both places where they occur, there shall be substituted the words “district or, as the case may be, islands area”;

(f) subsection (7) shall cease to have effect.

Textual Amendments

F25 Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

55 S In section 19, in subsection (2), the words “the expression “local authority” includes a district council, and” shall cease to have effect.

56 S In section 20, subsection (2) shall cease to have effect.

57 S In section 21—

(a) in subsection (1), for the words “county council” there shall be substituted the words “regional council”; for the words “the county”, where they first occur, there shall be substituted the words “the region”; for the words “the expenditure” there shall be substituted the words “the relevant local expenditure”; and for the words from “relevant” onwards there shall be substituted the words “sum of the relevant local expenditures for that year of the regional council and the councils of each district in the region”,

(b) subsection (2) shall cease to have effect;

(c) for subsection (3) there shall be substituted the following subsection:—

“(3) In this section “relevant local expenditure” has the same meaning as in paragraph 5 of Part II of Schedule 1 to the Local Government (Scotland) Act 1966.”

58 S In section 26(2), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

The M17 Local Government (Development and Finance) (Scotland) Act 1964 S

Marginal Citations

M17 1964 c. 67.

59 S In section 8, subsections (2) and (5) shall cease to have effect.

60 S In section 9—

(a) in subsection (1), paragraph (b) shall cease to have effect;

(b) subsections (2) and (4) shall cease to have effect.

61 S In section 10, subsection (2) shall cease to have effect.

The M18 Rating Act 1966 S

Marginal Citations

M18 1966 c. 9.

62 S In section 2—

(a) in subsection (5), for the words “section 5 of this Act)” there shall be substituted the words “the standard scheme prescribed under section 112 of the Local Government (Scotland) Act 1973, including that scheme as varied under section 114 of that Act)”;

(b) in subsection (12), in paragraph (b), the words from “or any corresponding provision” to the end shall cease to have effect.

63 S In section 4, in subsection (5), the words “or any provision for like purposes contained in any local Act” and the words from “or any such provision” to the end shall cease to have effect.

F26 64 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 9 para. 64 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I

The M19 Local Government (Scotland) Act 1966 S

Marginal Citations

M19 1966 c. 51.

65 S In section 2, in subsection (2), in paragraph (b), the words “and grants under the Rating Act 1966” shall cease to have effect.

66 S In section 6, in subsection (2), for the words “a county” there shall be substituted the words “the area of any local authority”; and for the words “the county” there shall be substituted the words “that area”.

67 S In section 7, in subsection (1), for the words “local authority” there shall be substituted the words “rating authority” and at the end there shall be inserted the following words:—

“In this subsection the words “the amount of the rate”, in relation to a regional council, mean the aggregate amount of the regional rate and the district rate”.

68 S In section 46(1), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

69 S In Schedule 1, in Part I—

(a) in paragraph 1, for the words “first be apportioned to all counties and those burghs which are counties of cities” there shall be substituted the words “be apportioned to all regions, islands areas and districts”;

(b) paragraph 2 shall cease to have effect;

(c) in paragraph 5, in sub-paragraph (2), the words from “and joint” to “constituent councils” shall cease to have effect; for the words “the local authorities” there shall be substituted the words “such classes of local authority as may be specified in the regulations”; and for the words “each authority” there shall be substituted the words “such authorities as may be so specified”.

70 S In Schedule 1, in Part II—

(a) in paragraph 1, the words from “shall be payable” to “burgh, but” shall cease to have effect;

(b) paragraph 3 shall cease to have effect;

(c) in paragraph 4, in sub-paragraph (1), for the words “county council or town council” there shall be substituted the words “islands or district council”.

(d) for paragraph 5 there shall be substituted the following paragraph:—

“5 For the purposes of this Part of this Schedule the relevant local expenditure in relation to a regional, islands or district council for any year is so much of the council’s total expenditure for the year as would fall to be met out of the regional rate, the general rate or the district rate respectively if no resources element were payable to that council”.

71 S In Schedule 1, in Part III, in paragraphs 2 and 3, for the words “local authority” there shall be substituted the words “rating authority”.

72 S In Schedule 2—

(a) in paragraph 19, in head (a), the words “and, where appropriate, the separately rated areas” shall cease to have effect;

(b) paragraph 22 shall cease to have effect;

(c) in paragraph 27, the definition of “burgh” shall cease to have effect; in the definition of “rating area”, for the words from “of”, where it first occurs, to the end there shall be substituted the words “of an islands council or of a district council”; and the definition of “separately rated area” shall cease to have effect.

F27 73 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 9 para. 73 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(4), Sch. 24

The M20 Post Office Act 1969 S

Marginal Citations

M20 1969 c. 48.

74 S In section 53—

(a) for subsection (5) there shall be substituted the following subsection:—

“(5) An order under subsection (1) above for the purposes of the valuation roll for the year 1971-72 may be varied by a subsequent order, made in the like manner, so as to include, with respect to the years 1976-77 and 1977-78, any such provision as is authorised by subsection (3) above to be included therein.”;

(b) for subsection (7) there shall be substituted the following subsection:—

“(7) Expressions used in this section and in the Local Government (Scotland) Act 1966 have the same meanings in this section as in that Act.”

Schedule 124, 125 and 127.

SCHEDULE 10 S Arrangements by Education Authorities for Discharge of their Functions

Modifications etc. (not altering text)

C9 Sch. 10 extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1)

C10 Sch. 10 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 4(5), 5(5)

C11 Sch. 10 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2)

1 Subject to the provisions of section 124 of this Act and of any other express provision contained in this Act or any Act passed after this Act, an education authority may arrange for the discharge of any of their functions by their education committee, a sub-committee of that committee, . . . F28 . . . F29 . . . F28 , an officer of the authority or by any other education authority in Scotland.

Textual Amendments

F28 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

F29 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

2 Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by their education committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee, . . . F30 . . . F31 . . . F30 or an officer of the authority.

Textual Amendments

F30 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

F31 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

3 Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by another education authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

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

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

4 Any arrangement made by an education authority or education committee under this Schedule for the discharge of any functions by an education committee, sub-committee, . . . F32 . . . F33 , officer or education authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

Textual Amendments

F32 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

F33 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

5 An education authority may arrange for the discharge of any of their functions jointly with one or more other education authorities or other local authorities and, where arrangements are in force for them to do so—

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

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

6 No arrangement shall be made by an education authority for the discharge otherwise than by their education committee of any function in regard to the dismissal of teachers.

7 For the purpose of discharging any functions of an education authority in pursuance of arrangements made under paragraph 5 above an education authority may jointly with one or more other education authorities or other local authorities appoint a joint committee.

8 For the purpose of discharging any functions of an education authority in pursuance of arrangements made under this Schedule, an education committee or any joint committee appointed under paragraph 7 above may appoint one or more sub-committees.

9 Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.

10 A joint committee appointed under paragraph 7 above and a sub-committee appointed under paragraph 8 above may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities, or in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.

[F34 11 At least half of the members appointed to a joint committee appointed under paragraph 7 above shall be members of the appointing authorities.]

Textual Amendments

F34 Sch. 10 para. 11 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(c), 194(4), 195(2), Sch. 12 Pt. II

12 Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

F35 SCHEDULE 11 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Sch. 11 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

Section 130.

X2 SCHEDULE 12 S Amendment of Enactments Relating to Housing

Editorial Information

X2 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F36 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Sch. 12 para. 1 repealed by Tenants' Rights, Etc. (Scotland) Act 1980 (c. 52), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F37 2 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Sch. 12 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

The M21 Housing and Town Development (Scotland) Act 1957 S

Marginal Citations

M21 1957 c. 38.

3 S In section 16(5) (provision for failure to carry out duties under overspill agreements or town development schemes), for the words “three hundred and fifty-five of the M22 Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.

Marginal Citations

M22 1947 c. 43.

F38 4 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Sch. 12 para. 4 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. II

F39 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F40 6—10. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F41 11 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Sch. 12 para. 11 repealed by Housing Act 1974 (c. 44), Sch. 15 and also expressd to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F42 12—19. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

The M23 Housing Subsidies Act 1967 S

Marginal Citations

M23 1967 c. 29.

20 S In section 27(1)(a)(ii) (qualifying lenders), for the words “county councils and town” there shall be substituted the words “regional, islands and district”.

F43 21, 22. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F44 23 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Sch. 12 para. 23 repealed by Social Security and Housing Benefits Act 1982 (c. 24), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

F45 24 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24

Section 132.

Schedule 13 S Amendments of the M24 Rent (Scotland) Act 1971

Modifications etc. (not altering text)

C12 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M24 1971 c. 28.

1 In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.), for paragraph (a) there shall be substituted the following paragraph—

“(a) a regional, islands or district council, or a joint board or joint committee as respectively defined by the Local Government (Scotland) Act 1973, or the common good of an islands or district council or any trust under the control of a regional, islands or district council,”.

2 In section 37 (registration areas and rent officers)

(a) for subsection (1) there shall be substituted the following subsection—

“(1) The registration areas for the purposes of this Part of this Act shall be the districts and islands areas.”;

(b) after subsection (1) there shall be inserted the following subsection—

“(1A) The Secretary of State may, after consultation with the local authority or local authorities concerned, make directions

(a) as to the groupings of registration areas or parts thereof, or

(b) deeming any part of a registration area to be a separate registration area,

and any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of this subsection.”

(c) in subsection (2), after the words “local authority” there shall be inserted the words “or local authorities” and the words from “and for the purposes” to the end shall cease to have effect;

(d) after subsection (2) there shall be inserted the following subsection—

“(2A) Where the Secretary of State makes a direction under subsection (1A) above, or an appointment under subsection (2) above, which is to come into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of the said subsection (1A) or (2) if he has consulted either the existing or the new local authority or local authorities before that date.”;

(e) subsection (6) shall cease to have effect.

3 At the end of section 39 (register of rents) there shall be added the following subsections—

“(5) Any entry—

(a) in a register (hereinafter referred to as “the old register”)

(i) which is kept under this section before 16th May 1975, or

(ii) which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area, or

(b) in a separate part of an old register in which rents are registered for dwelling-houses in respect of tenancies to which sections 60 to 66 of the Housing (Financial Provisions) (Scotland) Act 1972 apply,

which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register or, as the case may be, in such a separate part of the register kept under this section for that new registration area.”.

F46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

4, 5.

Textual Amendments

F46 Sch. 13 paras. 4, 5, 7 repealed by Tenants' Rights Etc. (Scotland) Act 1980 (c. 52), Sch. 5

6 For section 83 (operation of Part VII) there shall be substituted the following section—

“83 Registration areas for purposes of Part VII.

“83 (1) The registration areas for the purposes of this Part of this Act shall be the districts and islands areas.

(2) The Secretary of State may after consultation with the local authority or local authorities concerned, make directions—

(a) as to the groupings of registration areas, or parts thereof, or

(b) deeming any part of a registration area to be a separate registration area.

(3) Where the Secretary of State makes a direction under subsection (2) above which is to come into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of that subsection if he has consulted either the existing or the new local authority or local authorities before that date.

(4) Any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of a direction under subsection (2)(b) above.”

F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

7

Textual Amendments

F47 Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II

8 In section 85(1) (contracts) the words from “and which is situated” to the end shall cease to have effect.

9 At the end of section 89 (register of rents under Part VII contracts) there shall be added the following subsections—

“(4) Any entry in a register (hereinafter referred to as “the old register”)

(a) which is kept under this section before 16th May 1975, or

(b) which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area,

which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register kept under this section for that new registration area.

(5) The old register shall be kept by such rent tribunal and made available for inspection in such place or places and in such manner as the Secretary of State may direct; and subsection (3) above shall apply to any entry in the old register which is deemed to be an entry in the register kept for a new registration area.

(6) In this section “new registration area” means a registration area established under this Part of this Act on or after 16th May 1975.”

10 In section 97 (local authorities for Part VII), subsection (1) shall cease to have effect.

11 In section 133(1) (interpretation)—

(a) after the definition of “let” there shall be inserted the following—

““local authority” means an islands council or district council;”;

(b) after the definition of “rateable value” there shall be inserted the following—

““rates” means any charges payable in respect of a rate as defined in the Local Government (Scotland) Act 1947;”.

Section 133.

Schedule 14 S Amendment of Enactments Relating to Roads

Modifications etc. (not altering text)

C13 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

1—29.

Textual Amendments

F48 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

The M25 Road Traffic Act 1930 S

Marginal Citations

M25 1930 c. 43

F49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

30

Textual Amendments

F49 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

31 In section 119 (special provisions as to Scotland)—

(a) in subsection (3), for the words “county or town council” there shall be substituted the words “local highway authority” ;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50

Textual Amendments

F50 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

32—41.

Textual Amendments

F51 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

The M26 Aquisition of Land (Authorisation Procedure) (Scotland) Act 1947 S

Marginal Citations

M26 1947 c. 42.

42 In section 7(1) (interpretation), in the definition of “local authority” for the words from “county” to the end there shall be substituted the words “regional, islands or district council”.

F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

43—50.

Textual Amendments

F52 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

The M27 Public Utilities Street Works Act 1950 S

Marginal Citations

M27 1950 c. 39.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

F53 51

Textual Amendments

F53 Sch. 14 para. 51 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 168(2), Sch.9; S.I. 1992/2990, art. 2(2), Sch.2.

51 In section 36 (application to Scotland)—

(a)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

(c) in subsection (14), for the words “local authority” there shall be substituted the words “regional or islands council”.

Textual Amendments

F143 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

52—54.

Textual Amendments

F54 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

55, 56.

Textual Amendments

F55 Sch. 14 paras. 55, 56 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

57, 58.

Textual Amendments

F56 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

59—62.

Textual Amendments

F57 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

63

Textual Amendments

F58 Sch. 14 para. 63 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. VIII and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

64—67.

Textual Amendments

F59 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

68

Textual Amendments

F60 Sch. 14 para. 68 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVI and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

69—73.

Textual Amendments

F61 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14

The M28 Transport Act 1968 S

Marginal Citations

M28 1968 c. 73.

F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

74

Textual Amendments

F62 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

75 In section 124(4) (Board’s obligations at level crossings with roads other than public carriage roads), for the words “county council and a town” there shall be substituted the words “regional or islands”.

F63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

76—79.

Textual Amendments

F63 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

80

Textual Amendments

F64 Sch. 14 para. 80 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

The M29 Chronically Sick and Disabled Persons Act 1970 S

Marginal Citations

M29 1970 c. 44.

81 In section 21(8) (badges for display on motor vehicles used by disabled persons), for the words “county or large burgh” there shall be substituted the words “region or islands area”.

The M30 Road Traffic Act 1972 S

Marginal Citations

M30 1972 c. 20.

F65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

82

Textual Amendments

F65 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

83 In section 35(5)(b) (control of use of footpaths and bridleways for motor vehicle trials), for the words “county council or town” there shall be substituted the words “regional or islands”.

84 In section 38(5)(b) (powers of Secretary of State and local authorities as to giving road safety information and training), for the words “county council or town” there shall be substituted the words “regional or islands”.

85 In section 43 (test of satisfactory condition of vehicles other than goods vehicles to which section 45 applies), in subsection (3), for the word “county” there shall be substituted the words “regional or islands area” and the words “or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947)” shall cease to have effect.

F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

86

Textual Amendments

F66 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2

F67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

87, 88.

Textual Amendments

F67 Sch. 14 paras. 87, 88 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108) s. 156(3), Sch. 11

The M31 Town and Country Planning (Scotland) Act 1972 S

Marginal Citations

M31 1972 c. 52.

89 In section 242(1) (contributions by local authorities), for the words “local authorities” and “local authority”, where that expression first occurs, there shall be substituted respectively the words “regional or islands councils” and “regional or islands council”, and for the words “district of the local authority” there shall be substituted the words “region or islands area”.

Section 134.

X3 SCHEDULE 15 S Amendment of Enactments Relating to Building

Editorial Information

X3 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S The M32 Building (Scotland) Act 1959

Marginal Citations

M32 1959 c. 24.

1 For any reference to a buildings authority there shall be substituted a reference to a local authority.

2 Section 1 (constitution of buildings authorities) shall cease to have effect.

3 In section 2 (general provisions relating to buildings authorities)—

(a) subsections (1) to (3) shall cease to have effect;

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

“(4) The Secretary of State may by regulations make provision with respect to the procedure of local authorities in the exercise of their jurisdiction and functions under this Act; and such regulations may in particular provide for the matters specified in Schedule 3 to this Act.”.

4 In section 4 (relaxation of building standards regulations), in the proviso to subsection (2) for the words from “shall” to the end there shall be substituted the words “may except applications of any description”.

5 In section 6 (application of building standards regulations and building operations regulations to construction or demolition, and to change of use, of buildings) subsection (8)(a) and, in subsection(9), the words “or (b) by a local authority to demolish any building” shall cease to have effect.

6 Section 7 (minor works) shall cease to have effect.

7 In section 8 (occupation of parts of roads for deposit of materials etc.) subsection (3) shall cease to have effect.

8 In section 9 (certificates of completion) subsections (7) and (8) shall cease to have effect.

9 In section 10 (powers in relation to buildings constructed without warrant or in contravention of conditions of warrant, and buildings whose life has expired)—

(a) for any reference to a master of works there shall be substituted a reference to a local authority;

(b) in subsection (2), for the words “buildings authority may authorise the local authority to” there shall be substituted the words “local authority may” and the words “and the local authority shall thereupon be entitled to act accordingly” shall cease to have effect.

10 In section 13 (action to be taken in respect of buildings found to be dangerous)—

(a) in subsection (1) for any reference to a master of works there shall be substituted a reference to a local authority;

(b) in subsection (2) for the words after “that paragraph” there shall be substituted the words “the local authority, after giving the owner and any other person appearing to them to have an interest an opportunity to be heard, may make an order requiring the owner to execute the said operation within such period as shall be stated in the order.”;

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

“(4) If an order under subsection (2) above is not duly complied with, the local authority may execute the operations which the owner has failed to execute or demolish the building.”;

(d) in subsection (5) for the words from “or a” to “his functions” there shall be substituted the words “in executing their functions”.

11 In section 14 (power of local authorities to sell materials from demolished buildings) for the words from “master of works” to “authority may” there shall be substituted the words “local authority acting under section 13(1)(b) or (4) of this Act, they may”.

12 In section 18 (inspection and tests)—

(a) in subsection (1)—

(i) for the words between “this section” and “on exhibiting” there shall be substituted the words “any person authorised in writing by a local authority”,

(ii) in paragraphs (c) and (d) for the words “master of works” there shall be substituted the words “local authority”,

(iii) for paragraph (e) there shall be substituted the following paragraphs—

“(e) inspecting any building which the local authority consider should be examined in order to determine whether to exercise their powers under section 11 of this Act; or

(f) executing any operations under section 10, 11 or 13 of this Act.”;

(b) subsection (2) shall cease to have effect;

(c) in subsection (3) for the words “thereof, or by virtue of subsection (2) of this section” there shall be substituted the words “(e) or (f) thereof”;

(d) in subsection (4) the words “the buildings authority or” where they first occur and the words “or (2)” shall cease to have effect, and for the words “buildings authority or local authority as the case may be” there shall be substituted the words “local authority”;

(e) in subsection (7) the words “or subsection (2)” shall cease to have effect;

(f) in subsection (10), for the words “master of works” and “him” there shall be substituted respectively the words “local authority” and “them”, and for the proviso there shall be substituted the following proviso—

“Provided that the local authority, on application made to them, may if they think fit meet the expense of carrying out any such test as aforesaid or any part of that expense.”.

13 Section 20(2) (fees chargeable by buildings authorities) shall cease to have effect.

14 Section 21 (provisions as to master of works) shall to have effect.

15 In section 23 (inquiries) for subsection (2) there shall be substituted the following subsection—

“(2) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 shall apply to any inquiry held under this section as they apply to the inquiries specified in the said section 210.”

16 In section 25 (service of notices etc.)—

(a) in subsection (1) for the words “three hundred and forty nine of the M33 Local Government (Scotland) Act 1947” there shall be substituted the words “192 of the Local Government (Scotland) Act 1973”;

(b) in subsections (2) and (3) the words “a buildings authority or” shall cease to have effect.

Marginal Citations

M33 1947 c. 43.

17 Section 27 and Schedule 8 (transitional provisions) shall cease to have effect.

18 In section 29 (interpretation)—

(a) in subsection (1) the definitions of “buildings authority”, “burgh”, “landward area” and “master of works” shall cease to have effect and for the definition of “local authority” there shall be substituted the following definition—

““local authority” means the council of an islands area or district, except that in the case of a district situated within the Highland, Borders or Dumfries and Galloway region it means the council of that region;”;

(b) in subsection (4) for the words “a county council or a town council” there shall be substituted the words “or a local highway authority” ;

(c) subsections (6) and (7) shall cease to have effect;

(d) in subsection (8) the words “two or more buildings authorities or” and the words “such one of those buildings authorities or, as the case may be” shall cease to have effect;

(e) subsection (9) shall cease to have effect.

19 In section 30(1) (local Act provisions), the proviso shall cease to have effect.

20 Schedule 1 (enactments relating to dean of guild court functions unaffected by the Act of 1959) shall cease to have effect.

21 Schedule 2 (provisions relating to buildings authorities which are not dean of guild courts) shall cease to have effect.

22 In Schedule 6 (recovery of expenses by charging order) in paragraph 1 the words “or a master of works” shall cease to have effect.

23 In Schedule 7 (evacuation of dangerous buildings)—

(a) for the second reference to the master of works in paragraph 2 and for the reference to the master of works in paragraph 3 there shall be substituted a reference to the proper officer of the local authority;

(b) for any other reference to a master of works there shall be substituted a reference to a local authority.

24 In Schedule 9 (minor and consequential amendments) paragraphs 2 and 3 shall cease to have effect.

Part II S Other Enactments

F68 25 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Sch. 15 para. 25 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F69 26 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69 Sch. 15 Pt. II para. 26 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XI

F70 27 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Sch. 15 Pt. II para. 27 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

F71 28 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Sch. 15 para. 28 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6

29 S In the M34 Thermal Insulation (Industrial Buildings) Act 1957—

(a) in section 12(2) (application to Scotland) for the words from “in a burgh” to the end there shall be substituted the words “the local authority within the meaning of the Building (Scotland) Act 1959”;

(b) in sections 2 and 3(1) (as set out in their application to Scotland in sub-paragraphs (1) and (2) respectively of paragraph 6 of Schedule 9 to the M35 Building (Scotland) Act 1959), for the words “buildings authority” there shall be substituted the words “local authority”;

(c) in section 4(3) (as set out in its application to Scotland in subsection (5) of section 12 and as amended by subparagraph (3) of paragraph 6 of the said Schedule 9), for the reference to the dean of guild court and a buildings authority there shall be substituted a reference to the local authority and the words “or, as the case may be, the plans of the building were approved by the local authority” shall cease to have effect;

(d) in section 8(1) (as set out in its application to Scotland in subsection (8) of section 12), for the words from “sections three hundred” to “1947” there shall be substituted the words “sections 192 and 193 of, and paragraph 7 of Schedule 7 to, the Local Government (Scotland) Act 1973”.

Marginal Citations

M34 1957 c. 40

M35 1959 c. 24.

30 In the M36 Fire Precautions Act 1971, in section 17 (consultation by fire authorities)—

(a) in subsection (1)(ii), for the word “buildings” there shall be substituted the word “local”, and the words “section 1 of” shall cease to have effect;

(b) in subsection (2), the words “or buildings authority” shall cease to have effect.

Marginal Citations

M36 1971 c. 40

Section 135.

X4 Schedule 16 S Amendment of Enactments Relating to River Purification

Editorial Information

X4 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.

M37 Rivers (Prevention of Pollution) (Scotland) Act 1951 S

Marginal Citations

M37 1951 c. 66.

1 In section 6(1) (financial provisions) for the words “counties and large burghs whose districts” there shall be substituted the words “regions whose areas” and for the words “administrative scheme of” there shall be substituted the words “order constituting”.

2 For section 10(1) (provision as to officers and servants), there shall be substituted the following subsection:—

“(1) Subject to the provisions of the order establishing the board under section 135 of the Local Government (Scotland) Act 1973 a river purification board shall appoint such officers as they think necessary for the proper discharge by the river purification board of their functions and may pay to such officers such reasonable salaries as the board may determine and shall make appropriate arrangements for the superannuation of such officers as if they were employees of a local authority and any officers so appointed shall hold office during the pleasure of the board”.

3 In section 12(1) (power to appoint agents, etc.), after the word “scheme” there shall be inserted the words “prepared in pursuance of an order under section 135(5) and (6)(b) of the Local Government (Scotland) Act 1973”.

4 For section 13 (application of local government enactments), there shall be substituted the following section:—

“(1) The following provisions of the Local Government (Scotland) Act 1973 that is to say—

(a) section 82 (Promotion of or opposition to private legislation);

(b) section 192 (Service of notices);

(c) section 202 (Procedure etc. for byelaws);

(d) section 204 (Evidence of byelaws);

(e) section 211 (Provision for default);

shall apply in relation to a river purification board as they apply in relation to a local authority, provided that in the application of the said section 202 to a river purification board for subsection (13) there shall be substituted the following subsection—

(13) The proper officer of a river purification board shall send a copy of any byelaws made by the board to the proper officer of the council of each region and district to the whole or any part of which the byelaws will apply”.

5 In section 17(2) (river purification authorities), for the words from “(a) in relation” to the end there shall be substituted the words “river purification boards established under section 135 of the Local Government (Scotland) Act 1973 and islands councils”.

6 S In section 18(3) (provision of information), for the words from “fees” to the end there shall be substituted the words “reasonable fees as may be determined by the river purification authority”.

7 In section 26 (supplementary provisions regarding byelaws), for subsection (9), there shall be substituted the following subsection—

“(9) Byelaws made by the Secretary of State under subsection (7) or (8) of this section shall have effect as if they had been made by the authority concerned and confirmed by the Secretary of State”.

8 In section 29(4) (application of Act to tidal waters), the words from “subject” onwards shall cease to have effect.

F72 9 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Sch. 16 para. 9 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii)

9 In section 30(2) (local inquiries), for the words “subsections (2) to (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947” there shall be substituted the words “Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973”.

10 In section 35(1) (interpretation), in the definition of “local authority” for the words “county or town” there shall be substituted the words “regional, islands or district” and in the definitions of “river purification board” and “river purification board area” for the words “section two of this Act” there shall be substituted the words “section 135 of the Local Government (Scotland) Act 1973”.

Section 148.

X5 SCHEDULE 17 U.K. Amendment of Enactments relating to Water

Editorial Information

X5 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

General S

[F73 1 (1) Notwithstanding any other provision of this Act or any order made thereunder, any reference in any enactment, order, scheme, regulations, awards or byelaws passed or made before the coming into force of this Act—

(a) in unspecified terms to a regional water board or the region of such a board (or any expression construed as such a reference by virtue 6 of paragraph 2 of Schedule 2 to the M38 Water (Scotland) Act 1967) or to a constituent board shall be construed respectively as a reference to a water authority or to the limits of supply of such an authority or to a constituent water authority;

(b) to a particular regional water board or the region of such a board (or any expression construed as aforesaid) shall be construed respectively as a reference to the water authority responsible for the water undertaking to which the enactment relates or to the limits of supply of such an authority.

(2) If there is any doubt as to the identity of the water authority referred to in sub-paragraph (1)(b) above, that authority shall be taken to be such authority as may be specified in a direction given by the Secretary of State.]

Textual Amendments

F73 Para. 1 substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 56(a)

Marginal Citations

M38 1967 c. 78.

The Rural Water Supplies and Sewerage Act 1944 S

2 In section 7(2) (application to Scotland) in the substituted section 1(6)(a) for the words “burgh or county” there shall be substituted the words “region or islands area”.

F74 3—63. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Sch. 17 paras. 3–63 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

[F75 The Water Act 1973] U.K.

Textual Amendments

F75 Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I

[F76 64 U.K. In the Water Act M39 1973 any reference to a regional water board shall be construed as a reference to water authority.]

Textual Amendments

F76 Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I

Marginal Citations

M39 1973 c. 37

Section 150.

X6 SCHEDULE 18 S Amendment of certain Enactments Relating to Transport

Editorial Information

X6 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S Amendment of the M40 Transport Act 1968

Marginal Citations

M40 1968 c. 73.

1 S In section 9 (Passenger Transport Areas, Authorities and Executives), the following amendments shall be made—

F77 (a)—(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) in subsection (5), for the words “constituent areas” there shall be substituted the words “each of the districts comprised in the region in which the designated area is situated”;

F77 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

2 S In section 10 (powers of Executive), the following amendments shall be made—

(a) in subsection (1)(xvi), the words “and the consent of the Minister” shall cease to have effect;

(b) for the word “county”, in both places where it occurs, there shall be substituted the word “region”.

3 S In section 11 (financial duty of Passenger Transport Executives) in subsection (1), for the words “section 13(3)” there shall be substituted the words “section 13(2)” and after subsection (3) there shall be inserted the following subsection:—

“(3A) Without prejudice to any power of the Executive to establish specific reserves, the Executive may establish and maintain a general reserve, and the Authority may give to the Executive directions as to any matter relating to the establishment or management of any such general reserve and the carrying of sums to the credit thereof, or the application thereof; but no part of the moneys comprised in such a general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs.”

4 S Section 11(4) shall cease to have effect.

5 S For section 13 there shall be substituted the following section—

“13 Power of regional councils to make grants.

(1) Without prejudice to any other power of a regional council to make grants for transport purposes, a regional council who are the Authority shall have power to make grants to the Executive for any purpose.

(2) The regional council shall from time to time by notice in writing to the Executive specify the amount of the grants which the council propose to make to the Executive in respect of expenditure incurred during any accounting period.”.

6 S In section 14 (accounts of Executive), the following amendments shall be made—

(a) in subsection (1)(b), for the word “Minister” there shall be substituted the word “Authority”;

(b) in subsection (3), after the word “Minister” there shall be inserted the word “and” and the words “and to each of the councils of constituent areas” shall be omitted.

7 S In section 15 (further functions of Authority), the following amendments shall be made—

(a) in subsection (1), for paragraphs (b) and (c) there shall be substituted the following paragraphs:—

“(b) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority;

(c) any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account”.

(b) in subsection (2), for the words from “to be raised” to “of this Act” there shall be substituted the words “of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act”.

F78 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

8 S After section 15 there shall be inserted the following section:—

“15A Additional provisions as to control of executive by Authority.

(1) In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act.

(2) The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require.

(3) The Authority may from time to time cause a review to be made of the organisation of the Executive’s undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive’s undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority.”.

9 S In section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words “as the Minister may direct” there shall be substituted the words “as the Authority consider appropriate” and in the said section 16, in subsection (2), the words from “and (d)” onwards, and subsections (3), (4) and (5) shall cease to have effect.

F79 10, 11. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

12 S In section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word “Minister” there shall be inserted the words “or an Authority for a designated area”.

13 S In section 26(1)(b) (powers of Scottish Group), for the words from “counties” onwards there shall be substituted the words “Highland region, the islands areas of Orkney, Shetland and the Western Isles, the Argyll district and in the Cunninghame district the former burgh of Millport and the former districts of Arran and Cumbrae.”.

14 S For section 34 there shall be substituted the following section—

“34 Assistance for rural bus or ferry service.

(1) A regional, islands or district council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(2) A regional or islands council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any ferry service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas.

(3) The Secretary of State may, with the approval of the Treasury, make grants in such cases and subject to such conditions as he thinks fit to any of the councils aforesaid in respect of expenditure incurred by that council in making grants under subsection (1) or (2) above, and any grant under this subsection in respect of expenditure in connection with a bus service shall be of an amount equal to half the expenditure in respect of which the grant is made.

(4) The Secretary of State may, with the approval of the Treasury make grants in such cases and subject to such conditions as he thinks fit to regional or islands councils in respect of expenditure incurred by such a council in providing a ferry service which in the opinion of the council is or will be for the benefit of persons residing in rural areas.”.

15 S In section 35(1)(b)(iv), for the words “county or town” there shall be substituted the words “regional, islands or district”.

16 S In section 56(6)(d), for the words “county, town or district” there shall be substituted the words “regional or islands”.

17 S Section 58 shall be omitted.

18 In section 63(6), for the words “county council and a town” there shall be substituted the words “regional, islands or district”.

19 S For section 115(3) there shall be substituted the following subsection—

“(3) In sections 109, 112 and 113 of this Act “local authority” means a regional or islands council and in section 114 of this Act means a regional, islands or district council.”.

F80 20 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80 Sch. 18 para. 20 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8

21 F81 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

(2) In Part II of that Schedule, in paragraph 1, for the words “establishment of that Authority” there shall be substituted the words “area has been designated”, and in paragraph 2, for the words “any of the councils of constituent areas”, in each place where they occur, there shall be substituted the words “the regional council for the designated area”.

(3) In Part III of that Schedule, in paragraph 1, for the words “dates on which the Authority and Executive respectively are”, there shall be substituted the words “date on which the Executive is”; and there shall be omitted from the remainder of that Part of that Schedule—

(a) paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17;

(b) in paragraphs 6, 7 and 9 the words “the Authority and” and “respectively”, in each place where they occur;

(c) in paragraph 8 the words “the Authority or” and “the Chairman of the Authority, or as the case may be”;

(d) in paragraph 11, the words “the Authority or” in subparagraph (a) and “the Authority” in sub-paragraph (b); and

(e) in paragraph 13, the words “the Authority or”, in both places where they occur, and “the Authority” where those words last occur.

Textual Amendments

F81 Sch. 18 para. 21(1) repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8

Part II S Amendment of Miscellaneous enactments Relating to Transport

The M41 Light Railways Act 1896 S

Marginal Citations

M41 1896 c. 48.

22 S In section 26(2), for the words from “to the county” onwards there shall be substituted the words “to a regional, islands or district council”.

The M42 Road Traffic Act 1930 S

Marginal Citations

M42 1930 c. 43.

23 S In section 108(1), in the definition of “district”, for the words from “county” onwards there shall be substituted the words “region or islands area”.

24 S In section 109(a), for the words “the Town Council of a burgh” there shall be substituted the words “a regional or islands council”.

The M43 Transport Charges Etc. (Miscellaneous Provisions) Act 1954 S

Marginal Citations

M43 1954 c. 64.

25 S In section 6(1)(c) (revision of charges by independent harbour undertakings), for the words from “or an undertaking” to “applies” there shall be substituted the words “or a ferry undertaking which is operated by or on behalf of a Passenger Transport Executive or a regional or islands council or two or more such councils acting in combination”.

F82 26 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

F83 27, 28. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83 Sch. 18 paras. 27, 28 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8

The M44 Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 S

29 In section 7(1), in the definition of “local authority”, for the words “county” onwards there shall be substituted the words “regional, islands or district council”.

Marginal Citations

M44 1958 c. 50.

F84 30—35. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I

36 S In section 156(4), for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

Section 154

X7 Schedule 19 S Amendment of Enactments Relating to Piers, Harbours, Etc.

Editorial Information

X7 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M45 Harbours, Docks and Piers Clauses Act 1847 S

Marginal Citations

M45 1847 c. 27.

1 In section 3 (interpretation), in the definition of “county”, for the words from “shall include any division” onwards there shall be substituted the words “means the area of a regional or islands council”.

2 S In section 7 (correction of errors), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the regional or islands council within whose area the lands are situated”.

3 S In section 8 (works not to proceed unless plans deposited), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the council of any region or islands area” and for the words “royal burghs” there shall be substituted the words “areas of such councils”.

4 S In section 9 (receipt and inspection of plan), for the words “schoolmasters and town clerks” there shall be substituted the words “and proper officers”.

The M46 General Pier and Harbour Act 1861, Amendment Act 1862 S

Marginal Citations

M46 1862 c. 19.

F85 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 Sch. 19 para. 5 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch.

The M47 Congested Districts (Scotland) Act 1897 S

Marginal Citations

M47 1897 c. 53.

6 S In section 10 (definitions), in the definition of “congested district”, for the words from “any crofting”, onwards there shall be substituted the words “any place within the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

The M48 Harbours, Piers and Ferries (Scotland) Act 1937 S

Marginal Citations

M48 1937 c. 28.

7 S For section 1(2) (transfer of harbours to local authorities), there shall be substituted the following subsection:—

“(2) A local authority may accept a transfer of a marine work which is wholly or partly situated within their area, but where the marine work is partly situated within the area of another local authority they may only do so with the agreement of that other authority, or failing such agreement, with the consent of the Secretary of State.”

F86 8 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 Sch. 19 para. 8 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch.

9 S In section 7(1)(b) (minor works), for the words from “any of” to “therein” there shall be substituted the words “the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

10 S For section 18 (responsibility for deficiency), there shall be subtituted the following section:—

“18 Responsibility for deficiency.

Any deficiency which is required to be met out of rates in pursuance of section 16 of this Act shall be met by the regional or islands council in whom the marine work is vested, or in the case of a marine work vested in two or more such councils in combination, by those councils in such proportions as may be fixed by the combination agreement.”

11 S In section 21 (borrowing), the following amendments shall be made—

(a) in subsection (1), for the words “county or town council” there shall be substituted the words “local authority”;

(b) in subsection (3), for the words “county or town council” there shall be substituted the words “local authority”.

12 S In section 31(1) (interpretation), in the definition of “harbour authority”, for the words “pier or ferry” there shall be substituted the words “or pier” and, in the definition of “local authority”, for the words “county or a town” there shall be substituted the words “regional or islands”.

13 S For Schedule 3 there shall be substituted the following Schedule:—

“Schedule 3 S

The Clyde Port Authority.

The Forth Ports Authority.

The Aberdeen Harbour Commissioners.

The Trustees of the Harbour of Dundee.”

The M49 Highlands and Islands Shipping Services Act 1960 S

Marginal Citations

M49 1960 c. 31.

14 S In section 5 (interpretation), in the definition of “Highlands and Islands” for the word “counties” there shall be substituted the word “areas” and the words from “inclusive” onwards shall cease to have effect.

15 S For the Schedule there sball be substituted the following Schedule:—

“Schedule S Areas to which Section One Applies

The Highland Region. S

The Islands Areas of Orkney, Shetland and the Western Isles.

Argyll District S

In the Cunninghame District, the former burgh of Millport, and the former districts of Arran and Cumbrae.”

The M50 Harbours Act 1964 S

Marginal Citations

M50 1964 c. 40.

16 S In section 57(1) (interpretation), in the definition of “marine work”, the following amendments shall be made—

(a) for the words from “means” to “1937” there shall be substituted the words “means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group)”;

(b) in paragraph (b), for the words from “counties” to “Zetland” there shall be substituted the following words “areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute” and for the word “counties” where second occurring, there shall be substituted the word “areas”.

Section 161.

SCHEDULE 20 S Arrangements for Discharge of Social Work Functions

Modifications etc. (not altering text)

C14 Sch. 20 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 4(5), 5(5)

C15 Sch. 20 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2)

1 Subject to the provisions of section 161 of this Act and of any other express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their social work functions by their social work committee, a sub-committee of that committee, an officer of the authority or by any other local authority in Scotland.

2 Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by their social work committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority.

3 Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by another local authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

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

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

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

5 A local authority may arrange for the discharge of any of their social work functions jointly with one or more other local authorities and, where arrangements are in force for them to do so—

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

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

6 For the purpose of discharging any functions of a local authority in pursuance of arrangements made under paragraph 5 above, a local authority may jointly with one or more other local authorities appoint a joint committee.

7 For the purpose of discharging any functions of a local authority in pursuance of arrangements made under this Schedule, a social work committee or any joint committee appointed under paragraph 6 above may appoint one or more sub-committees.

8 Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.

9 A joint committee appointed under paragraph 6 above and a sub-committee appointed under paragraph 7 above, may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities or, in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.

[F87 10 At least two-thirds of the members appointed to a joint committee appointed under paragraph 6 above shall be members of the appointing authorities.]

Textual Amendments

F87 Sch. 20 para. 10 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(d), 194(4), 195(2), Sch. 12 Pt. II

11 Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

Section 163.

SCHEDULE 21 S Amendment of Enactments Relating to Public Libraries, Museums and Art Galleries

The M51 Public Libraries Consolidation (Scotland) Act 1887 S

Marginal Citations

M51 1887 c. 42.

1 S The whole Act shall cease to have effect except sections 1, 2, 3, 10, 21, 22, 24, 28, 31 and 32 which shall have effect subject to amendments thereto set out in the following provisions of this Schedule.

X8 2 S For section 2 (definitions) there shall be substituted the following section—

“2 Interpretation.

In this Act, except where the context otherwise requires—

“library authority” for the purposes of this Act means an islands or district council except that within the Highland, Borders and Dumfries and Galloway regions it means the appropriate regional council, and “area”, in relation to such an authority, shall be construed accordingly.

“museum and art gallery authority” for the purposes of this Act means a regional, islands or district council, and “area”, in relation to such an authority, shall be construed accordingly.”.

Editorial Information

X8 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.

X9 3 S In section 10 (lands, etc., may be purchased or rented)—

(a) for the words “magistrates and council or board” there shall be substituted the words “library authority or museum and art gallery authority”;

(b) for the words “schools for science, art galleries, and schools for art” there shall be substituted the words “and art galleries”.

Editorial Information

X9 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X10 4 S In section 21 (powers of committee)—

(a) for any reference to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority, whichever is appropriate in the context;

(b) for the words “and museums” and “or museums”, wherever they occur, there shall be substituted the words “or museums or art galleries”;

(c) the first and second paragraphs shall cease to have effect;

(d) in the third paragraph, after the word “science” there shall be inserted the words “gramophone records, tape recordings and films”;

(e) in the seventh paragraph, for the words from “for the purpose of” to “appointed” there shall be substituted the words “to inhabitants of the area of the authority”, for the words “burgh or parish”, wherever else they occur, there shall be substituted the word “area” and the words “may not be a householder, and” shall cease to have effect.

Editorial Information

X10 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X11 5 S In section 22 (power of committee to make byelaws)—

(a) for the first two references to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority;

(b) the words between “Scotland” and “and shall” shall cease to have effect;

(c) for the words from “of the county” to “situated” there shall be substituted the words “exercising jurisdiction in the area of the authority”;

(d) for the words “magistrates and council, or board” where they last occur, there shall be substituted the words “library authority or museum and art gallery authority”;

Editorial Information

X11 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X12 6 S For section 24 (exhibition of byelaws previous to confirmation), there shall be substituted the following section—

“24 Exhibition of byelaws and proposed byelaws.

A copy of proposed byelaws and a copy of byelaws which have been made by a library authority or a museums and art gallery authority under section 22 of this Act shall be put up in some conspicuous place in each of the libraries, or, as the case may be, the museums or art galleries, of the authority.”

Editorial Information

X12 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X13 7 S In section 28 (recovery of penalties and forfeitures)—

(a) for the words from “name of” to “district” there shall be substituted the words “name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority”;

(b) for any reference to the committee there shall be substituted a reference to the library authority or museum and art gallery authority;

(c) the words “clerk or other” shall cease to have effect.

Editorial Information

X13 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M52 Public Libraries (Scotland) Act 1920 S

Marginal Citations

M52 1920 c. 45.

X14 8 S The whole Act shall cease to have effect.

Editorial Information

X14 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M53 Public Libraries (Scotland) Act 1955 S

Marginal Citations

M53 1955 c. 27.

X15 9 S Section 3 (revocation of decision to adopt the principal Act) shall cease to have effect.

Editorial Information

X15 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X16 10 S In section 5(1) (interpretation), for the definition of “statutory library authority” there shall be substituted the following definition—

““statutory library authority” means a library authority as defined in section 2 of the Public Libraries Consolidation (Scotland) Act 1887 or any body authorised by any other enactment (including any enactment contained in a local Act) to provide library services”.

Editorial Information

X16 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M54 Education (Scotland) Act 1962 S

Marginal Citations

M54 1962 c. 47.

X17 11 S In section 12(1) (county library service)—

(a) the words “of a county”, the words “not only” and the words from “but also” to the end shall cease to have effect;

(b) for the words “the education” there shall be substituted the words “an education”.

(c) for the words “in the county” there shall be substituted the words “in the region or islands area, as the case may be”.

Editorial Information

X17 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M55 Education (Scotland) Act 1969 S

Marginal Citations

M55 1969 c. 49

X18 12 S In section 2(1) (provision of museums by education authorities), the words “(other than the town council of a burgh being a county of a city)” shall cease to have effect, and, in paragraph (e), for the words from “the town” to the end there shall be substituted the words “any other body”.

Editorial Information

X18 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Section 172.

SCHEDULE 22 S Planning Functions

Part I S Regional Planning Functions

Description of functions	Provisions of the Act of 1972
1. Survey and structure plans.	Sections 4 to 8. [F88 Sections 14 to 18 and 265, in so far as they relate to structure plans.]
2. Acquisition, appropriation, disposal and development of land in connection with functions exercised by general and regional planning authorities.	Sections 102 and 109 to 114.
3. Other functions relating to land and buildings in connection with functions exercised by general and regional planning authorities.	Sections 117 to 120.
4. Exercise of reserve powers in place of district planning authorities.

Textual Amendments

F88 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 27

Part II S District Planning Functions

1. Local plans.	Sections 9 to 13. [F89 Sections 14 to 18 and 265, in so far as they relate to local plans.]
2. Planning permission.	Sections 22 to 43 and 51.
3. Additional powers of control.	Sections 49 and 50.
4. Additional control in special cases.	Part IV.
5. . . . F90
6. Acquisition and appropriation of land and related provisions in connection with functions exercised by general and district planning authorities.	Part VI.
7. Stopping up, etc., of footpaths and bridleways.	[F91 Sections 198A and 199]
8, 9. . . . F90
10. Designation of conservation areas.	Section 262.

Textual Amendments

F89 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(a)

F90 Sch. 22 Pt. II paras. 5, 8, 9 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F91 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(b)

Section 184.

X19 Schedule 23 S Amendment of Enactments Relating to Planning

Editorial Information

X19 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F92 1 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 23 para. 1 repealed by Ancient Monuments and Archaeological Areas Act (c. 46), Sch. 5

The M56 Caravan Sites and Control of Development Act 1960 S

Marginal Citations

M56 1960 C. 62.

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

F93 (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

F93 Sch. 23 para. 2(a) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

The M57 Town and Country Planning (Scotland) Act 1947 S

Marginal Citations

M57 1947 c. 53

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

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

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

The M58 Town and Country Planning (Scotland) Act 1959 S

Marginal Citations

M58 1959 c. 70.

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

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

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

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

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

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

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

F94 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Textual Amendments

F94 Sch. 23 para. 5(c) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

The M59 Civic Amenities Act 1967 S

Marginal Citations

M59 1967 c. 69.

6 In section 5(b) (application of sections 1 and 2 of Local Authorities (Historic Buildings) Act 1962 to Scotland), in the definition of “local authority”, for the words from “local” onwards there shall be substituted the words “regional, islands or district council” and, in the definition of “planning authority”, for the word “1947” there shall be substituted the word “1972”.

The M60 New Towns (Scotland) Act 1968 S

Marginal Citations

M60 1968 c. 16.

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

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

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

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

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

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

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

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

F95 14 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 Sch. 23 para. 14 repealed by Industrial Development Act 1982 (c. 52), s. 19, Sch. 2 Pt. I para. 1 Sch. 3

F96 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96 Sch. 23 para. 15 repealed by Town and Country Amenities Act 1974 (c. 32), Sch.

The M61 Town and Country Planning (Scotland) Act 1972 S

Marginal Citations

M61 1972 c. 5.

16 In section 13(1) (alteration of local plans), after the word “authority” there shall be inserted the words “shall keep under review any local plan adopted by them and”.

17 In section 15(1) (default powers of Secretary of State), the following amendments shall be made—

(a) after the words “this Act” there shall be inserted the words “or of the provisions of Part IX of the Local Government (Scotland) Act 1973”;

(b) after paragraph (b) there shall be inserted the words “the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or”.

18 In section 43 (unopposed revocation or modification), the following amendments shall be made—

(a) in subsection (1), the words from “and (b)” onwards shall cease to have effect;

(b) in subsection (3), the words from “and the notice” onwards shall cease to have effect.

19 In section 52(4) (lists of buildings of special interest), for the words from “any local” to “planning authority” there shall be substituted the words “any regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.

20 In section 63(3) (maintenance of waste land), for the words “section 88” there shall be substituted the words “sections 85 and 88”.

21 In section 102 (compulsory acquisition of land), the following amendments shall be made—

(a) in subsection (3), for the words from “in a county” onwards there shall be substituted the words—

“in a region, consult with the regional council;

(b) where the land is in an islands area, consult with the islands council;

(c) where the land is in a district, consult with the district council.”;

(b) in subsection (5), for the words from “the councils” onwards there shall be substituted the words “regional, islands and district councils”.

22 In section 107 (minimum compensation), the following amendments shall be made—

(a) in subsection (1), for the words from first “include” onwards there shall be substituted the words “make a direction for minimum compensation”;

(b) in subsection (3), the words “application for” shall cease to have effect;

(c) in subsection (5), for the words from “include” to first “for” there shall be substituted the word “make”, and for the words from “application” to “refused” there shall be substituted the words “direction for minimum compensation be reversed”.

23 In section 109(1)(c) (acquisition of land by agreement), for the words “the Secretary of State” there shall be substituted the word “them”.

24 In section 111(3) (appropriation of land), for the words from the beginning to “1947” there shall be substituted the words “Section 73 of the Local Government (Scotland) Act 1973”.

25 In section 115(3) (provisions as to features and buildings of architectural and historic interest), for the word “preservation”, in both places where it occurs, there shall be substituted the word “preserving”.

26 In section 153(1) (compensation where planning permission revoked or modified), the words from “(other” to “State)” shall cease to have effect.

27 In section 201(9) (extinguishment of right to use vehicles on highway), for the words “county councils and town” there shall be substituted the words “regional, islands and district” and after the words “planning authority” there shall be inserted the words “exercising district planning functions”.

28 In section 202(5) (amenity for highway reserved to pedestrians), for the words “county councils and town” there shall be substituted the words “regional, islands and district” and after the words “planning authority” there shall be inserted the words “exercising district planning functions”.

29 In section 243 (assistance for acquisition of property), for the words from “county” to “town” there shall be substituted the words “regional, islands or district”.

30 In section 250(3) (borrowing by local authorities), for the words “XII” and “1947” there shall be substituted respectively the words “VII” and “1973”.

31 In section 260(6)(a) (default powers), for the words from “the council” to “burgh” there shall be substituted the words “a local authority” and for the word “council” there shall be substituted the word “authority”.

32 In section 275(1) (interpretation), the following amendments shall be made—

(a) for the definition of “local authority” there shall be substituted the following definition—

““local authority” means a regional, islands or district council;”;

(b) in the definition of “planning authority”, for the words “section 1 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”;

(c) there shall be inserted, at the appropriate place in alphabetical order, the following definition—

““district planning functions” has the meaning assigned to it by section 172 of the Local Government (Scotland) Act 1973;”.

33 In Schedule 10 (control of works on listed buildings), in paragraph 15, for the words “local authority” there shall be substituted the words “planning authority”.

34 In Schedule 18 (orders relating to footpaths etc.), in paragraph 1(2)(b)(ii), for the words “county or town council” there shall be substituted the words “local authority”.

Sections 186, 187, 188.

X20 Schedule 24 S Amendment of Enactments Relating to Licensing, etc.

Editorial Information

X20 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S

F97 1—24. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 Sch. 24 Pt. I repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8

Part II S Betting, Gaming and Lotteries

The M62 Betting, Gaming and Lotteries Act 1963 S

Marginal Citations

M62 1963 c. 2.

25 (1) In Schedule 1 (Bookmaker’s Permits, betting agency Permits and betting office licences), in paragraph 1(b) the words “ or 2 ” shall cease to have effect. S

(2) In paragraph 2 of that Schedule, in the definition of “appropriate local authority” for sub-paragraph (b), there shall be substituted the following sub-paragraph—

“(b) in Scotland,

(i) where the relevant premises are, or are to be, situated in an islands area, the council for that area;

(ii) in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;”.

26 S In Schedule 2 (Registered pool promoters), in paragraph 1(1)(b), for the words “any county or large burgh” there shall be substituted the words “ an islands area or district ”; and paragraph 1(2), (3), (4) and (6) and paragraphs 2 and 3 shall cease to have effect.

27 (1) In Schedule 3 (Licensing of tracks for betting), in paragraph 1 for the words “Paragraphs 1, 2 and 3” there shall be substituted the words “ Paragraph 1 ”, in head (b) of that paragraph for the words “those paragraphs” there shall be substituted the words “ that paragraph ”, and in head (b) of paragraph 2 the words “ or committee ”shall cease to have effect. S

(2) In paragraph 5(2)(b) of that Schedule, for sub-heads (i) and (ii), there shall be substituted the following—

“(i) the council of any islands area or district within which the track or any part thereof is situated; and

(ii) the general planning authority or district planning authority for any area which includes the track or any part thereof;”;

and at the end of sub-paragraph (2) there shall be inserted the following words “ and for the purposes of this and the next succeeding paragraph “general planning authority” and “district planning authority” have the meanings conferred on them by section 172 of the Local Government (Scotland) Act 1973. ”.

(3) For paragraph 6(3) of that Schedule there shall be substituted the following sub-paragraph—

“(3) The authorities referred to in sub-paragraph (1)(e) of this paragraph are—

(a) the general planning authority or district planning authority for any area which includes the track or any part thereof;

(b) the council of any region (not being a general planning authority) which includes the track or any part thereof;

(c) any other local authority whose area adjoins any district which includes the track or any part thereof,

where that authority or council are not the licensing authority.”

F98 28, 29. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98 Sch. 24 Pt. II paras. 28, 29 repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5

The M63 Gaming Act 1968 S

Marginal Citations

M63 1968 c. 65.

30 S In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for the words “a county council, town council” there shall be substituted the words “ a regional council, islands council ”.

31 S In Schedule 2 (Grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for paragraph (b) there shall be substituted the following—

“(b) in Scotland,

(i) where the relevant premises are, or are to be, situated in an islands area, the council for that area;

(ii) in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;”.

32 S In Schedule 9 (Permits under section 34), in paragraph 1(d), for the words from “where” to “county” there shall be substituted the words “ means the council of the islands area or district ”; and paragraph 2 shall cease to have effect.

Part III S Miscellaneous Licensing, Registration and Related Matters

F99 33 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F99 Sch. 24 para. 33 repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3

The M64 Performing Animals (Regulation) Act 1925 S

Marginal Citations

M64 1925 c. 38.

34 S In section 6(a)(definition of local authority), for the words “a county council or a town council”; there shall be substituted the words “ an islands or district council ” and the words from “ and any expenses ” onwards shall cease to have effect.

F100 35 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100 Sch. 24 Pt. III para. 35 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Sch. 7 Pt. IV

The M65 Methylated Spirits (Sale by Retail) (Scotland) Act 1937 S

Marginal Citations

M65 1937 c. 48.

36 In section 6, in the definition of “local authority”, for the words from “in the case of” onwards there shall be substituted the words “ an islands or district council ”.

The M66 House to House Collections Act 1939 S

Marginal Citations

M66 1939 c. 44.

37 S In section 10 (application to Scotland), for paragraph (a) there shall be substituted the following paragraph:—

“(a) sections 1, 2 and 4 shall apply as if for references to the police authority for the police area comprising a locality and to the chief officer of police of such an area there were substituted respectively references to the islands or district council for the area comprising a locality and to the proper officer of such a council;”

and paragraph (e) shall cease to have effect.

The M67 War Charities Act 1940 S

Marginal Citations

M67 1940 c. 31.

38 S In section 12 (application to Scotland), for paragraph (e) there shall be substituted the following paragraph:—

“(e) section 7 shall apply as if for the words in subsection (1), “a police authority”, there were substituted the words “ a regional or islands council ” and for the words “the authority” there were substituted the words “ the council ”; and as if for the words in subsection (2) “chief officer of police for the police area” there were substituted the words “ proper officer of the council of the region or islands area ””;

and in paragraph (g) for the words “county or town council” there shall be substituted the words “ regional or islands council ”.

The M68 Pet Animals Act 1951 S

Marginal Citations

M68 1951 c. 35.

39 S In section 7(3), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The M69 Hypnotism Act 1952 S

Marginal Citations

M69 1952 c. 46.

40 S In section 2(4)(b) (meaning of controlling authority), for the words “the council of the county or burgh” there shall be substituted the words “ the islands or district council for the area ”.

The M70 Animal Boarding Establishments Act 1963 S

Marginal Citations

M70 1963 c. 43.

41 S In section 5(2) (interpretation), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The M71 Riding Establishments Act 1964 S

Marginal Citations

M71 1964 c. 70.

42 S In section 6(4), in the definition of “local authority”, for the words “county or any burgh” there shall be substituted the words “ islands area or district ”.

The M72 Local Government (Scotland) Act 1966 S

Marginal Citations

M72 1966 c. 51.

43 S In section 44 (game licences), for the words “local authorities” in both places where they occur, there shall be substituted the words “ islands and district councils ”.

M73 Sale of Venison (Scotland) Act 1968 S

Marginal Citations

M73 1968 c. 38.

44 S In section 3 (interpretation), for the definition of “local authority”, there shall be substituted the following definition—

““local authority”means an islands or district council;”.

The M74 Theatres Act 1968 S

Marginal Citations

M74 1968 c. 54.

45 S In section 15(1) (powers of entry), the words from “ and in relation ” onwards shall cease to have effect, and in section 18(1) (interpretation), in the definition of “licensing authority”, in paragraph (c), for the words from “as respects” onwards there shall be substituted the words “ the islands or district council. ”.

The M75 Vehicle and Driving Licences Act 1969 S

Marginal Citations

M75 1969 c. 27.

46 In section 33(1) (interpretation), in the definition of “local authority” for the words from “the council of a burgh” onwards there shall be substituted the words “in Scotland, the council of a region, islands area or district”.

The M76 Poisons Act 1972 S

Marginal Citations

M76 1972 c. 66.

47 S In section 11(2), in the definition of “local authority”, for paragraph (b) there shall be substituted the following paragraph—

“(b) in relation to Scotland, the council of a region or islands area;”.

Section 209.

X21 Schedule 25 S Relaxation of Controls

Editorial Information

X21 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M77 Roads and Bridges (Scotland) Amendment Act 1892 S

Marginal Citations

M77 1892 c. 12.

1 S Section 5 (preservation of lands from injury) shall cease to have effect.

The M78 Burgh Police (Scotland) Act 1892 S

Marginal Citations

M78 1892 c. 55.

2 S In section 396 (terms of licence for theatres, etc.) for the words from the beginning to “£5” there shall be substituted the words “ A reasonable fee set by the issuing authority shall be payable for each licence ”.

3 S In section 433 (brokers’ licences), for the words “sum not exceeding two shillings and sixpence” there shall be substituted the words “ reasonable sum set by the issuing authority ”.

The M79 Burgh Police (Scotland) Act 1903 S

Marginal Citations

M79 1903 c. 33.

4 S In section 81 (licensing of billiard halls), for the words from “fee” to “shillings” there shall be substituted the words “ reasonable fee set by the issuing authority shall be payable ”.

5 S In section 98(2) (application of Parts I and II), the words from “ intimated ” to “ Scotland and ” shall cease to have effect.

The M80 Milk and Dairies (Scotland) Act 1914 S

Marginal Citations

M80 1914 c. 46.

6 S In section 28 (milk depots), the words “ subject to the consent of the Board ” shall cease to have effect.

The M81 Performing Animals (Regulation) Act 1925 S

Marginal Citations

M81 1925 c. 38.

7 S In section I (restriction on exhibition, etc., of performing animals), the following amendments shall be made—

(a) in subsection (2), for the words “the prescribed fee” there shall be substituted the words “ such fee as appears to the local authority to be appropriate ”;

(b) in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur, shall cease to have effect;

(c) in subsection (7), the words “ subject to payment of the prescribed fee ” shall cease to have effect;

(d) at the end there shall be added the following subsection—

“(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them.”

8 S In section 5(3) (interpretation etc.), the words from “ and the fee ” onwards shall cease to have effect.

The M82 Roads Improvement Act 1925 S

Marginal Citations

M82 1925 c. 68.

9 S In section 5 (prescription of building lines), paragraph (a) of the proviso shall cease to have effect.

The M83 Slaughter of Animals (Scotland) Act 1928 S

Marginal Citations

M83 1928 c. 29.

10 S In section 2(5) (fees for licences), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ” shall cease to have effect.

The M84 Bridges Act 1929 S

Marginal Citations

M84 1929 c. 33.

11 S In section 7(3) (arbitrations, etc.), the words from “ and any question ” onwards shall cease to have effect.

12 S In section 10 (rules of procedure), subsections (1) and (2) shall cease to have effect.

The M85 Road Traffic Act 1930 S

Marginal Citations

M85 1930 c. 43.

13 S In section 53 (tolls), the following amendments shall be made—

(a) in subsection (2)(b), the words from “ but a right ” onwards shall cease to have effect;

(b) in subsection (6), the words “ subject to the approval of the Minister ” shall cease to have effect.

14 S In section 56 (removal of structures from highways, the following amendments shall be made—

(a) subsection (2) shall cease to have effect;

(b) in subsection (3), the words from “ or if ” onwards shall cease to have effect.

F101 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101 Sch. 25 para. 15 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

The M86 Harbours, Piers and Ferries (Scotland) Act 1937 S

Marginal Citations

M86 1937 c. 28.

16 S In section 10(5) (application of 1847 Act), the words from “ and if ” onwards shall cease to have effect.

The M87 Methylated Spirits (Sale by Retail) (Scotland) Act 1937 S

Marginal Citations

M87 1937 c. 48.

17 In section 2 (lists of persons entitled to sell methylated spirits), the following amendments shall be made—

(a) in subsection (1), in the proviso, for the words “prescribed fees” there shall be substituted the words “ fees set by them ”;

(b) in subsection (2), for the words “prescribed fee”, there shall be substituted the words “ fee set by the authority ”;

(c) in subsection (4), for the words “fees as may be prescribed” there shall be substituted the words “ reasonable fees as the authority may set ”.

F102 18—23 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102 Sch. 25 paras. 18–23 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

F103 24 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103 Sch. 25 para. 24 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV

The M88 Highways (Provision of Cattle-Grids) Act 1950 S

Marginal Citations

M88 1950 c. 24.

25 S Sections 14 (provision of cattle-grids off roads) and 18 (provisions as to cattle-grids provided before the Act) shall cease to have effect.

The M89 Pet Animals Act 1951 S

Marginal Citations

M89 1951 c. 35.

26 S In section 1(2) (licensing of pet shops), the words “ not exceeding £2 ” shall cease to have effect.

The M90 Food and Drugs (Scotland) Act 1956 S

Marginal Citations

M90 1956 c. 30.

27 S In section 21 (provision of cold stores by local authority), in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards shall cease to have effect, and subsections (2) and (3) shall cease to have effect.

28 S Section 22(2) (notification of cases of food poisoning) shall cease to have effect.

F104 29—31. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Sch. 25 paras. 29, 30, 31 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

The M91 Animal Boarding Establishments Act 1963 S

Marginal Citations

M91 1963 c. 43.

32 S In section 1(2) (licensing of boarding establishments for animals), the words “ not exceeding £2 ” shall cease to have effect.

The M92 Riding Establishments Act 1964 S

Marginal Citations

M92 1964 c. 70.

33 S In section 1(2) (licensing of riding establishments), for the words “a fee not exceeding £10” there shall be substituted the words “ such fee as may be set by the local authority ”.

F105 34—38. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F105 Sch. 25 paras. 34–38 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1) s. 146, Sch. 14

F106 39 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 Sch. 25 para. 39 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

The M93 Countryside (Scotland) Act 1967 S

Marginal Citations

M93 1967 c. 86.

40 S In section 41(1)(b) (ferries for purposes of long-distance routes), the words “ with the approval of the Secretary of State ” shall cease to have effect.

The M94 Social Work (Scotland) Act 1968 S

Marginal Citations

M94 1968 c. 49.

41 In section 22 (removal of children in residential establishments), the words “the Secretary of State or” shall cease to have effect.

The M95 Transport Act 1968 S

Marginal Citations

M95 1968 c. 73.

42 S In section 12(4) (borrowing powers of Executive), the words “ with the consent of the Minister ” shall cease to have effect.

43 S In section 36 (power of local authority to run contract carriages), in subsection (2), the words “ subject to subsection (3) of this section ” shall cease to have effect, and subsections “ (3) to (8) ” shall cease to have effect.

44 S In section 37 (power for local authorities to acquire or dispose of public service vehicle undertakings), in subsection (1), the words from “ with the consent ” to “ State ” shall cease to have effect, and subsection (2) shall cease to have effect.

45 S In section 138 (travel concessions), subsections (7), (8) and (9)(a) shall cease to have effect.

The M96 Town and Country Planning (Scotland) Act 1972 . S

Marginal Citations

M96 1972 c. 52

46 S In section 63(1) (proper maintenance of waste land), the words from “ then ” to “ State ” shall cease to have effect.

47 S In section 84(1) (power to serve enforcement notice), the words from “ to any ” to “ State and ” shall cease to have effect.

48 S In section 260 (default powers of Secretary of State), in subsection (1), the words from “ may give ” to “ confirmation or ” shall cease to have effect, and in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ” and the words from “ may give ” to “ notice or ” shall cease to have effect.

Section 213.

X22 Schedule 26 U.K. Amendments of the M97 Tweed Fisheries Act 1969

Editorial Information

X22 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

M97 1969 c. xxiv.

1 U.K. Section 3 shall cease to have effect.

2 U.K. In section 5—

(a) in subsection (1), for the words “the appointed day”, in both places where they occur, there shall be substituted the words “ 16th May 1975 ”;

(b) in subsection (2), the words from “ but ” onwards shall cease to have effect;

(c) after subsection (2) there shall be inserted the following subsections—

“(2A) The representatives appointed as commissioners by a local authority shall be persons appearing to the local authority to be persons sufficiently representing the interests of those respective parts of the area of that local authority as are specified in column 3 of Schedule 1 to this Act, and the number of persons appointed in respect of each part so specified shall be in accordance with the respective numbers specified in column 4 of the said Schedule 1.

(2B) Of the representatives appointed in respect of each specified part of the area of a local authority, the respective number specified in column 5 of the said Schedule I shall be persons appearing to the local authority to be persons sufficiently representing the interests of freshwater fishing associations or clubs within that part.”

3 U.K. In section 6(2)(a), before the word “burgh” there shall be inserted the word “ former ”.

4 U.K. In section 7(3), before the word “burgh” there shall be inserted the word “ former ”.

5 U.K. For Schedule 1 there shall be substituted the following Schedule—

“Schedule 1 U.K. Representive Commissioners

Local Authority	Number of Representatives	Part of Local Authority Area represented	Number of Representatives for each part of Local Authority Area	Number of Representativesof associations or clubs
1	2	3	4	5
District Council of Berwickshire.	9	Former Burgh of Coldstream.	2	1
		Former Burgh of Duns.	2	1
		Former Burgh of Eyemouth.	2	1
		Remainder of the Council’s area.	3	2
District Council of Roxburgh.	9	Former Burgh of Jedburgh.	2	1
		Former Burgh of Kelso	2	1
		Former Burgh of Hawick	2	1
		Remainder of the Council’s area.	3	2
District Council of Ettrick and Lauderdale.	11	Former Burgh of Selkirk	2	1
		Former Burgh of Lauder	2	1
		Former Burgh of Galashiels.	2	1
		Former Burgh of Melrose	2	1
		Remainder of the Council’s area	3	2
District Council of Tweeddale.	5	Former Burgh of Peebles	2	1
		Former Burgh of Innerleithen.	2	1
		Remainder of the Council’s area.	1
Berwick on Tweed District Council.	9	Former Borough of Berwick-upon-Tweed.	2	1
		The rural district of Norham and Islandshires.	2	1
		The rural district of Glendale.	4	3
		The remainder of the River Tweed catchment area within the County of Northumberland.	1”

Section 214.

SCHEDULE 27 S Adaptation and Amendment of Enactments

Part I S General Adaptation of Enactments

1 (1) This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment. S

(2) Any reference in any such enactment, including the 1947 Act, or instrument to a local authority within the meaning of the 1947 Act shall be construed as a reference to a local authority within the meaning of this Act.

(3) Any reference in any such enactment or instrument to a sheriff clerk of a county, however expressed, shall be construed as a reference to the sheriff clerk of the sheriff court district concerned.

2 (1) Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority. S

(2) Sub-paragraph (1) above shall not apply in any case—

(a) to a reference to a specified officer of a local authority in an enactment mentioned in section 64(5) of this Act or any other enactment referring to an officer specified in such a reference; or

(b) to a reference in any enactment to an assessor or depute assessor appointed under section 116 of this Act.

X23 Part II S Minor and Consequential Amendments

Editorial Information

X23 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M98 Jury Trials (Scotland) Act 1815 S

Marginal Citations

M98 1815 c. 42.

1 S In section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.

The M99 Riotous Assemblies (Scotland) Act 1822 S

Marginal Citations

M99 1822 c. 33.

2 S In section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.

The M100 Jurors (Scotland) Act 1825 S

Marginal Citations

M100 1825 c. 22.

3 S In section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.

4 S For section 3 (rolls of jurors) there shall be substituted the following section:—

“3 General jury book.

The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain a book, known as “the general jury book”, containing the names and designations of persons within the district who are qualified and liable to serve as jurors, and that book shall be kept in the sheriff clerk’s office for the district and shall be open on all lawful days to the inspection of any person”.

5 S For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—

“7 Jurors for High Court and Court of Session trials in Edinburgh.

The High Court of Justiciary and the Court of Session may, by Act of Adjournal or Act of Sederunt, as the case may be, specify the areas from which and the proportions in which jurors are to be summoned for trials in those courts to be held in Edinburgh, and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified”.

F107 6, 7. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107 Sch. 27 Pt. II paras. 6, 7 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

8 S In section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.

The M101 Court of Session Act 1868 S

Marginal Citations

M101 1868 c. 100

9 S In section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.

The M102 Explosives Act 1875 S

Marginal Citations

M102 1875 c. 17.

10 S In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—

“(1) A regional or islands council; and”.

11 S In section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—

“(a) The regional or general rate, as the case may be; and”

The M103 Militia Act 1882 S

Marginal Citations

M103 1882 c. 49.

12 S In section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.

F108 13, 14. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108 Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F109 15 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109 Sch. 27 Pt. II para. 15 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

The M104 Allotments (Scotland) Act 1892 S

Marginal Citations

M104 1892 c. 54.

16 S In section 2(1) (duty to acquire land for allotments), the following amendments shall be made—

(a) for the words from “the case of a burgh” to “that parish” there shall be substituted the words “ their area ”;

(b) for the words “the burgh or parish” there shall be substituted the words “ the area ”;

(c) for the words “such burgh or in such parish” there shall be substituted the words “ their area ”;

(d) for the words “the said burgh or the said parish” there shall be substituted the words “ their area ”;

(e) for the words “the said burgh or parish” there shall be substituted the words “ their area ”.

17 S In section 6(2) (management of allotments), for the words “the burgh or parish” there shall be substituted the words “ their area ”.

18 S In section 8(2) (recovery of rent), for the words from “the burgh” to “provided” there shall be substituted the words “ their area ” and for the words “the burgh or parish” (in both places where they subsequently occur) there shall be substituted the words “ their area ”.

19 S In section 14 (register of tenancies), for the words “the burgh or the parish” there shall be substituted the words “ their area ”, for the words “such burgh or parish” there shall be substituted the words “ such area ” and for the words “burgh or parish” (where last occurring) there shall be substituted the word “ area ”.

20 S In section 16 (definitions), in the definition of “local authority”, for the words from “in” (where first occurring) onwards there shall be substituted the words “ an islands or a district council ”.

The M105 Local Government (Scotland) Act 1894 S

Marginal Citations

M105 1894 c. 58.

21 S Sections 3 to 25 shall cease to have effect.

22 S Sections 42 to 48 shall cease to have effect.

23 S In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.

The M106 Merchant Shipping Act 1894 S

Marginal Citations

M106 1894 C. 60

24 S In section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.

25 S In section 668 (Commissioners of Northern Lights), the following amendments shall be made—

(a) in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;

(b) in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.

The M107 Public Health (Scotland) Act 1897 S

Marginal Citations

M107 1897 c. 38.

26 In section 3 (definitions),—

(a) the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ” shall cease to have effect,

(b) for the definition of “district” there shall be substituted the following definition—

“Except in section 12 and, where it second occurs in section 36(4) of this Act, the word “district” means the area of the local authority for the purposes of this Act.”

27 In section 6, for the words “parish council” there shall be substituted the words “ local authority ”.

28 For section 12 there shall be substituted the following section—

“12 Local authotities for the purposes of the Act.

The islands or district council shall be the local authority for the purposes of this Act.”

29 Section 15 (reports and returns), shall cease to have effect.

30 In section 18 (power of entry), the words “magistrate or” and the word “magistrate” in each place where it occurs thereafter shall cease to have effect.

31 In section 19 (information of nuisances), the words “of the county or burgh” shall cease to have effect.

32 In section 22 (proceedings in respect of nuisance),—

(a) the words “magistrate or”, in each place where they occur,

(b) the words “or on a representation by a parish council”,

(c) the words “to the collector of the churchyard or other dues, or” and

(d) the word “other”, where it second occurs,

shall cease to have effect.

33 In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155, and 177, the word “ magistrate ” or “ magistrates ”, in each place where either of them occurs, shall cease to have effect.

34 Section 28 shall cease to have effect.

35 In section 31 (waterclosets etc. used in common) the words “ or of their sanitary inspector ” shall cease to have effect.

36 In section 32 (offensive businesses) in subsection (2), the words from “ but, in the case ” onwards shall cease to have effect.

37 In section 36 (complaint of nuisance from offensive trade), in subsection (1), the words “or from a representation by a parish council” shall cease to have effect.

38 In section 37 (nuisance by local authority in dealing with refuse),—

(a) in subsection (1),—

(i) the words from “by the county” to “any district” shall cease to have effect,

(ii) the words “such county council or” shall cease to have effect,

(b) in subsection (2), the words from “and for the purpose” onwards shall cease to have effect.

39 In section 39 (scavenging of highways)—

(a) in the first paragraph for the words from the beginning to “situated” there shall be substituted the words “ A local authority ” and the words “ within such special scavenging district ” shall cease to have effect;

(b) in the second paragraph for the words “within such special district” and for the words from “district committee” to “council)” there shall be substituted respectively the words “ in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not apply ” and “ local highway authority within the meaning of the 1ocal Government (Scotland) Act 1973 ”.

40 In section 42 (removal of manure), the words “ in any special scavenging district ”, in both places where they occur, shall cease to have effect.

41 In section 94 (power to require additional supply of water), the words from “ but in the case ” onwards shall cease to have effect.

42 Section 118 shall cease to have effect.

43 Section 121 (combination of local authorities as to sewerage) shall cease to have effect.

44 In section 146 (procedure on neglect of duty),—

(a) in subsection (1), the words “ or for a parish council ” and “ of the county ” shall cease to have effect, and

(b) in subsection (2) the words “ or for any parish council ” shall cease to have effect.

45 In section 157, the words “ magistrate or ” shall cease to have effect.

46 In section 158, the words “ or magistrates ” shall cease to have effect.

47 In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs, shall cease to have effect.

48 Sections 191 (saving for county councils and standing joint committees) and 192 (saving of local Acts) shall cease to have effect.

F110 49 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110 Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F111 50 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111 Sch. 27 para. 50 repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(3), Sch. 5

The M108 Milk and Dairies (Scotland) Act 1914 S

Marginal Citations

M108 1914 c. 46.

51 S In section 2 (definitions), at the end there shall be added the following definition—

““local authority” means an islands or district council”.

52 S In section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.

The M109 Police, Factories &c. (Miscellaneous Provisions) Act 1916 S

Marginal Citations

M109 1916 c. 13.

53 S In section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.

The M110 Land Settlement (Scotland) Act 1919 S

Marginal Citations

M110 1919 c. 97.

54 S In section 18(2) (powers regarding allotments), for the words “town councils” and “town council” there shall be substituted respectively the words “ local authorities ” and “ local authority ”.

F112 55 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M111 Celluloid and Cinematograph Film Act 1922 S

Marginal Citations

M111 1922 c. 52.

56 S In section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.

57 S In section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.

The M112 Allotments (Scotland) Act 1922 S

Marginal Citations

M112 1922 c. 52.

58 S In section 7 (common pasture), for the words “the burgh or parish” (wherever they occur) there shall be substituted the words “ their area ”.

59 S In section 10(1) (powers of entry), for the words “town council or parish council” there shall be substituted the words “ local authority ”.

60 S in section 19(1) (interpretation), in the definition of “local authority”, for the words “a town council or parish” there shall be substituted the words “ an islands area or a district ”.

The M113 Milk and Dairies (Amendment) Act 1922 S

Marginal Citations

M113 1922 c. 54.

61 S In section 2 (refusal of registration), at the end there shall be added the following subsection—

“(4) In this section “local authority” means an islands or district council.”

62 S In section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.

The M114 Church of Scotland (Properly and Endowments) Act 1925 S

Marginal Citations

M114 1925 c. 33.

63 S In section 22 (burgh churches)—

(a) after subsection (2), there shall be inserted the following subsection—

“(2A) References in any scheme made under this section of this Act and in subsection (2) above to the magistrates or the town council of a burgh and to the burgh within which a burgh church is situated shall, on and after 16th May 1975, be construed respectively as references to the council of the district and to the district within which that burgh church is situated.”;

(b) in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;

(c) in subsection (4)—

(i) before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;

(ii) the words “ continue to ” shall cease to have effect;

(iii) for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.

64 S In section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.

65 S In section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.

66 S In section 32 (transfer of parish churchyards)—

(a) for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;

(b) subsection (3) shall cease to have effect;

(c) in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.

67 S In section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.

F113 68 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M115 Agricultural Produce (Grading and Marking) Act 1928 S

Marginal Citations

M115 1928 c. 19.

69 S In section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.

The M116 Slaughter of Animals (Scotland) Act 1928 S

Marginal Citations

M116 1928 c. 29.

70 S In section 7 (definitions), at the end there shall be added the following definition—

“(e)

“local authority” means an islands or district council”.

The M117 Petroleum (Consolidation) Act 1928 S

Marginal Citations

M117 1928 c. 32.

71 S In section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) in a region, the regional council;

(b) in an islands area, the islands council.”.

The M118 Local Government (Scotland) Act 1929 S

Marginal Citations

M118 1929 c. 25.

72 S Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.

73 S In section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.

74 S Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.

75 S In section 77, the following amendments shall be made—

(a) subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and

(b) in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.

76 S Section 79 and Schedules 1, 2 and 5 shall cease to have effect.

The M119 Reservoirs (Safety Provisions) Act 1930 S

Marginal Citations

M119 1930 c. 51.

77 S In section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.

The M120 Agricultural Land (Utilisation) Act 1931 S

Marginal Citations

M120 1931 c. 41.

78 In section 24(a) (application to Scotland), for the words “a town” there shall be substituted the words “an islands area”.

The M121 Church of Scotland (Property and Endowments) Amendment Act 1933 S

Marginal Citations

M121 1933 c. 34.

79 S In section 2(2) (transfer of certain churchyards)—

(a) for the words “county or burgh” there shall be substituted the words “ islands area or district ”;

(b) the words from “ or, in the case ” onwards shall cease to have effect.

The M122 Private Legislation Procedure (Scotland) Act 1936 S

Marginal Citations

M122 1936 c. 52.

80 S In section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.

The M123 Children and Young Persons (Scotland) Act 1937 S

Marginal Citations

M123 1937 c. 37.

81 S In section 110 (interpretation) the following amendments shall be made—

(a) in subsection (1), for the definition of “Local authority” there shall be substituted the following definition—

““Local authority” means a regional or islands council.”,

and the definition of “ Large burgh ” shall cease to have effect, and

(b)

subsection (2) shall cease to have effect.

The M124 Air-Raid Precautions Act 1937 S

Marginal Citations

M124 1937 c. 37.

82 S In section 13 (application to Scotland) the following amendments shall be made—

(a) in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;

(b) in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;

(c) in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;

(d) in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.

(e) subsections (9), (10) and (12) shall cease to have effect.

The M125 Civil Defence Act 1939 S

Marginal Citations

M125 1939 c. 31.

83 S In section 91 (application to Scotland) the following amendments shall be made—

(a) in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—

“(2) The council of a district shall before exercising any function under this Part of this Act consult with the council of the region within which that district is situated.”;

(b) in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;

(c) in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.

(d) for subsection (23) there shall be substituted the following subsection:—

“(23) in section 64(1), for the words from the beginning to “district” there shall be substituted the words “ Any regional, islands or district council ””;

(e) in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;

(f) in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;

(g) in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;

(h) subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.

The M126 Public Health (Scotland) Act 1945 S

Marginal Citations

M126 1945 c. 15.

84 S In section 1(8) (interpretation), for the definition of “local authority” there shall be substituted the following definition—

“the expression “local authority” means an islands or district council”.

The M127 Civic Restaurants Act 1947 S

Marginal Citations

M127 1947 c. 22.

85 S In section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.

86 S In section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.

F114 87 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M128 Local Government Act 1948 S

Marginal Citations

M128 1948 c. 5.

88 S In section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.

The M129 National Assistance Act 1948 S

Marginal Citations

M129 1948 c. 29.

89 S In section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.

90 In section 41(2)(a) (registration of charities for disabled persons), for the words “counties” and “large burghs” there shall be substituted respectively the words “regions” and “islands areas”.

91 S In section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.

92 S In section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.

93 S In section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.

94 S In section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.

The M130 Civil Defence Act 1948 S

Marginal Citations

M130 1948 c. 5.

95 S In section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.

The M131 Finance Act 1949 S

Marginal Citations

M131 1949 c. 47.

96 S In section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—

“(a) the local authority shall be an islands or district council”.

F115 97, 98. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115 Sch. 27 Pt. II paras. 97, 98 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

The M132 Criminal Justice (Scotland) Act 1949 S

Marginal Citations

M132 1949 c. 94.

99 S In section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.

The M133 National Parks and Access to the Countryside Act 1949 S

Marginal Citations

M133 1949 c. 97.

100 S In section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.

F116 101 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116 Sch. 27 Pt. II para. 101 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. I

102 S In section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.

103 S In section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.

104 S In section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.

105 S In section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.

The M134 Allotments (Scotland) Act 1950 S

Marginal Citations

M134 1950 c. 38.

106 S In section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.

107 S In section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.

The M135 Rag Flock and Other Filling Materials Act 1951 S

Marginal Citations

M135 1951 c. 63.

108 S In section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.

The M136 Prisons (Scotland) Act 1952 S

Marginal Citations

M136 1952 c. 61.

109 S In section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.

110 S In section 14 (legalised police cells), the following amendments shall be made—

(a) in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”

(b) in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;

(c) in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;

(d) in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;

(e) in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police M137 (Scotland) Act 1967 it means a joint police committee ”.

Marginal Citations

M137 1967 c. 77.

111 S In section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.

The M138 Post Office Act 1953 S

Marginal Citations

M138 1953 c. 36.

112 In section 51(5)(a) (power of local authority to contribute towards new post office, etc.), for the words from “or urban district” onwards there shall be substituted the words “urban district, rural district or parish and to the council thereof there shall be substituted references to an islands area or a district and to the council thereof; and references to a contributory place and to a parish meeting shall be omitted;”.

The M139 Emergency Laws (Miscellaneous Provisions) Act 1953 S

Marginal Citations

M139 1953 c. 47.

113 S In section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.

F117 114 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117 Sch. 27 Pt. II para. 114 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

F118 115 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118 Sch. 27 Pt. II para. 115 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II

The M140 Slaughterhouses Act 1954 S

Marginal Citations

M140 1954 c. 42.

116 S In section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.

The M141 Long Leases (Scotland) Act 1954 S

Marginal Citations

M141 1954 c. 49.

117 S In section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M142 Army Act 1955 S

Marginal Citations

M142 1955 c. 18.

118 S In section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M143 Air Force Act 1955 S

Marginal Citations

M143 1955 c. 19.

119 S In section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M144 Crofters (Scotland) Act 1955 S

Marginal Citations

M144 1955 c. 21.

120 S In section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.

The M145 Food and Drugs (Scotland) Act 1956 S

Marginal Citations

M145 1956 c. 30.

121 S In section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—

“(5) In this section “local authority” means an islands or district council”.

122 S In section 21 (cold stores), at the end there shall be added the following subsection—

“(2) In this section “local authority” means an islands or district council”.

123 S In section 26 (administrative authorities), the following amendments shall be made—

(a) in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;

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

“(4) Subject to the provisions of this Act and of the Local Government (Scotland) Act 1973, in this Act “local authority” means a regional, islands or district council.”

124 S In section 27 (public analysts), at the end there shall be added the following subsection—

“(7) In this section “local authority” means a regional or islands council.”

125 S In section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.

126 S In section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.

The M146 Agriculture (Safety, Health and Welfare Provisions) Act 1956 S

Marginal Citations

M146 1956 c. 49.

127 S In section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M147 Clean Air Act 1956 S

Marginal Citations

M147 1956 c.52.

F119 128 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119 Sch. 27 para. 128 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6

F120 129—131. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

The M148 Coal-Mining (Subsidence) Act 1957 S

Marginal Citations

M148 1957 c. 48.

F121 132 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F121 Sch. 27 para. 132 repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art. 2.

The M149 Land Drainage (Scotland) Act 1958 S

Marginal Citations

M149 1958 c. 24.

133 S In Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M150 Disabled Persons (Employment) Act 1958 S

Marginal Citations

M150 1958 c. 33.

134 S In section 3 (provision of sheltered employment), the following amendments shall be made—

(a) in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;

(b) in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;

(c) subsection (4) shall cease to have effect;

(d) in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.

135 S The Schedule shall cease to have effect.

The M151 Matrimonial Proceedings (Children) Act 1958 S

Marginal Citations

M151 1958 c. 40.

136 S In section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

137 S In section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

138 S In section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.

The M152 Trading Representations (Disabled Persons) Act 1958 S

Marginal Citations

M152 1958 c. 49.

139 S In section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

F122 140 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F122 Sch. 27 para. 140 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3

The M153 Opencast Coal Act 1958 S

Marginal Citations

M153 1958 c. 69

141 S In section 52(2) (application to Scotland), after the definition of “land” there shall be inserted the following definition—

““local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973”.

The M154 Adoption Act 1958 S

Marginal Citations

M154 1958 c. 5.

142 S In section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.

The M155 Deer (Scotland) Act 1959 S

Marginal Citations

M155 1959 c. 40.

143 In paragraph 11 of Schedule 2 (control schemes), for the words from “subsections” to “1947” there shall be substituted the words “subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973”, and for the word “355” where second occurring, there shall be substituted the word “210”.

The M156 Radioactive Substances Act 1960 S

Marginal Citations

M156 1960 c. 34.

F123 144 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123 Sch. 27 para. 144 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46)

The M157 Public Bodies (Admission to Meetings) Act 1960 S

Marginal Citations

M157 1960 c. 67.

145 S In the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.

The M158 Noise Abatement Act 1960 S

Marginal Citations

M158 1960 c. 68.

146 S In section 1(5)(a) (noise or vibration nuisance), for the words “a county or town council” there shall be substituted the words “ the islands or district council ”.

147 S In section 2(5)(b) (restriction of operation on highways etc. of loudspeakers), for the words “a county council, town council” there shall be substituted the words “ the islands ”.

148 S In section 4 (saving for byelaws), for the words “subsection (5) of section 300 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ section 201(3) of the Local Government (Scotland) Act 1973 ”.

F124 149, 150. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 Sch. 27 Pt. II paras. 149, 150 repealed by Consumer Safety Act 1978 (c. 38), Sch. 3

The M159 Flood Prevention (Scotland) Act 1961 S

Marginal Citations

M159 1961 c. 41.

151 In section 15(1) (interpretation), the following amendments shall be made:—

(a) for the definitions of “local authority” and “area” there shall be substituted the following definition:—

““local authority” has the meaning assigned to it by section 1(2) of this Act;”

(b) for the definition of “sewer” there shall be substituted the following definition:—

““sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;”

(c) in the definition of “water main”, for the words from “and 1949” onwards there shall be substituted the words “to 1967”.

The M160 Building Societies Act 1962 S

Marginal Citations

M160 1962 c. 37.

152 S In Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M161 Local Government (Development and Finance) (Scotland) Act 1964 S

Marginal Citations

M161 1964 c. 67

F125 153 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125 Sch. 27 Pt. II para. 153 repealed by Litter Act 1983 (c. 35), Sch. 2

154 S In section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.

155 S In section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.

F126 156, 157. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 Sch. 27 Pt. II paras. 156, 157 repealed by Airports Authority Act 1975 (c. 78), Sch. 6

The M162 Gas Act 1965 S

Marginal Citations

M162 1965 c. 36.

158 S In section 28(1) (interpretation), the following amendments shall be made:—

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

F127 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127 Sch. 27 Pt. II para. 158 (b) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

159 In Schedule 6 (power to enter on land), in paragraph 11, in the definition of “sewerage authority”, for the words from “the council” onwards there shall be substituted the words “a regional or islands council”.

The M163 Highlands and Islands Development (Scotland) Act 1965 S

Marginal Citations

M163 1965 c. 46

[F128 160 S In section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.]

Textual Amendments

F128 Sch. 27 paras. 160, 161 repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III

161 S In section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.

F129 162 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129 Sch. 27 Pt. II para. 162 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I

F130 163 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130 Sch. 27 Pt. II para. 163 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

The M164 Local Government (Scotland) Act 1966 S

Marginal Citations

M164 1966 c. 51.

164 S In section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.

F131 165 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 Sch. 27 para. 165 repealed by Local Government Act 1988 (c. 9, SIF 81:1), s. 41, Sch. 7 Pt. IV

The M165 Forestry Act 1967 S

Marginal Citations

M165 1967 c. 10.

166 S In section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M166 Slaughter of Poultry Act 1967 S

Marginal Citations

M166 1967 c. 24.

167 S In section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

F132 168 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132 Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II

F133 169, 170. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133 Sch. 27 Pt. II paras. 169, 170 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3), Sch. 2

The M167 Countryside (Scotland) Act 1967 S

Marginal Citations

M167 1967 c. 86.

171 S In section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”

172 S In section 78(1) (interpretation), the following amendments shall be made—

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

(b) in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M168 Capital Allowances Act 1968 S

Marginal Citations

M168 1968 c. 3.

173 S In section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.

The M169 Trade Descriptions Act 1968 S

Marginal Citations

M169 1968 c. 29.

174 S Section 26 (enforcing authorities) shall have effect as if—

(a) in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the M170 Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;

(b) in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the M171 Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

Marginal Citations

M170 1963 c. 31.

M171 1947 c. 43.

The M172 Health Services and Public Health Act 1968 S

Marginal Citations

M172 1968 c. 46.

175 S In section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—

(a) in subsection (2A)—

(i) for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,

(ii) the last paragraph shall cease to have effect,

(b) in subsection (2B)—

(i) in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,

(ii) paragraph (b) shall cease to have effect.

176 S In section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—

“(cc) for the reference in paragraph (e) thereof to local education authorities there were substituted a reference to education authorities.”.

177 S For section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—

“(3) In this section “local authority” means an islands or district, council.”.

178 S In section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.

The M173 Sewerage (Scotland) Act 1968 S

Marginal Citations

M173 1968 c. 47.

179 S In section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.

180 In section 7 (agreements between highway and local authorities), the following amendments shall be made:—

(a) in subsection (1), for the words “a highway authority” and the word “streets” there shall be substituted respectively the words “the Secretary of State” and “trunk roads”;

(b) in subsection (2), for the words “a highway authority” there, shall be substituted the words “the Secretary of State”;

(c) in subsection (3), for the words “A highway authority or” there shall be substituted the words “The Secretary of State or a”;

(d) subsection (4) shall cease to have effect.

181 S For section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—

“(3) The expenses of a local authority under this Act shall be met from the regional or general rate, as the case may be.”.

182 In section 59(1) (interpretation), in the definition of “local authority”, for the words “county council or a town” there shall be substituted the words “regional or islands”, and at the appropriate place in alphabetical order there shall be inserted the following definition—

““general rate” and “regional rate” have the same meanings as in section 108 of the Local Govemment (Scotland) Act 1973;”.

The M174 Social Work (Scotland) Act 1968 S

Marginal Citations

M174 1968 c.49.

183 S In section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.

184 S In section 2(2) after paragraph (b) there shall be inserted the following paragraph—

“(bb) the Disabled Persons (Employment) Act 1958”.

185 In section 36 (appointment of reporter)—

(a) in subsection (1), the words “in accordance with the provisions of this section” shall cease to have effect;

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

“(2) The qualifications of a reporter shall be such as the Secretary of State may prescribe.”; and

(c) subsections (3) and (7) shall cease to have effect.

186 S In section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.

187 In Schedule 3 (children’s panels), the following amendments shall be made—

(a) in paragraph 3, after the words “consisting of”, there shall be inserted the words—

“(i) in the case of the committee for the Strathclyde region, four members nominated by the local authority and six members nominated by the Secretary of State;

(ii) in any other case,”;

and the words after “Secretary of State” shall cease to have effect;

(b) after paragraph 5, there shall be added the following paragraph—

The Children’s Panel Advisory Committee shall have power—

(a) to appoint sub-committees;

(b) to appoint to any such sub-committee persons who are not members of the Children’s Panel Advisory Committee; and

(c) to refer all or any of the duties set out in paragraph 5 above to any such sub-committee for their advice;

and the provisions of paragraph 8 below shall apply to any persons appointed under sub-paragraph (b) above as they apply to members of the Children’s Panel Advisory Committee.”.

F134 188—190. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Sch. 27 Pt. II paras. 188–190 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

The M175 Medicines Act 1968 S

Marginal Citations

M175 1968 c. 67.

191 S In section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—

“(c) references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956 and to the area of such an authority; and

(d) references to any such council as is mentioned in section 108(8) of this Act and to the area of any such council were references respectively to a regional or islands council and to a region or islands area.”

The M176 Mines and Quarries (Tips) Act 1969 S

Marginal Citations

M176 1969 c. 10.

192 S In section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M177 Post Office Act 1969 S

Marginal Citations

M177 1969 c. 48.

193 S In section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.

The M178 Development of Tourism Act 1969 S

Marginal Citations

M178 1969 c. 41.

194 In section 14(2)(b) (restriction on grants and loans), for the words “county council, town council” there shall be substituted the words “regional islands”.

The M179 Local Authorities (Goods and Services) Act 1970 S

Marginal Citations

M179 1970 c. 49.

195 S In section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.

196 S In section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.

The M180 Agriculture Act 1970 S

Marginal Citations

M180 1970 c. 40

F135 197 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F135 Sch. 27 para. 197 repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4

198 S In section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.

199 S For section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—

“(b) “local authority” has the same meaning as in section 1(2) of the Flood Prevention (Scotland) Act 1961.”.

The M181 Fire Precautions Act 1971 S

Marginal Citations

M181 1971 c. 40.

200 In section 43 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (b), for the words from “the council” onwards there shall be substituted the words “ except in section 17, the islands or district council. ”

F136 201 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 Sch. 27 Pt. II para. 201 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

The M182 Island of Rockall Act 1972 S

Marginal Citations

M182 1972 c. 2.

202 S In section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.

The M183 National Health Service (Scotland) Act 1972 S

Marginal Citations

M183 1972 c. 58.

203 S In Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

The M184 Gas Act 1972 S

Marginal Citations

M184 1972 c. 60.

204 S In section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.

The M185 Agriculture (Miscellaneous Provisions) Act 1972 S

Marginal Citations

M185 1972 c. 62.

205 In section 4(2) (authority to be informed about milk tests), for the words from “county council” to “situated” there shall be substituted the words “ islands or district council in Scotland ”.

206 S In section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.

F137 207 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F137 Sch. 27 Pt. II para. 207 repealed by Broadcasting Act 1981 (c. 68), Sch. 9

The M186 Employment Agencies Act 1973 S

Marginal Citations

M186 1973 35.

208 S In section 13(1) (interpretation), the following amendments shall be made—

(a) in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;

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

The M187 Hallmarking Act 1973 S

Marginal Citations

M187 1973 c. 43.

209 S In section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the M188 Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

Marginal Citations

M188 1947 c. 43.

The M189 Badgers Act 1973 S

Marginal Citations

M189 1973 c. 57.

210 S In section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.

The M190 Breeding of Dogs Act 1973 S

Marginal Citations

M190 1973 c. 60.

211 S In section 5 (2) (interpretation), in the definition of “local authority”, for the words “the council of any county or burgh” there shall be substituted the words “ an islands or district council ”.

Section 229.

Schedule 28 S Amendments of Burgh Police (Scotland) Acts 1892 to 1911

Modifications etc. (not altering text)

C16 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I S The M191 Burgh Police (Scotland) Act 1892

Marginal Citations

M191 1892 c. 55.

1 In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “islands or district council”.

• Section 4(27)

• Section 99

• Sections 104 to 112

• Section 114

• Section 116

• Section 120

• Sections 122 and 123

• Section 125

• Section 127

• Sections 144 and 145

• Section 155

• Section 175

• Sections 243 and 244

• Sections 254 to 256

• Sections 273 and 274

• Section 277

• Section 285

• Section 288

• Sections 301 to 303

• Section 306

• Section 308 and 309

• Sections 311 to 314

• Section 381(1) and (29)

• Sections 386 and 387

• Section 392.

2 In the provisions set out in the following table, for the word “magistrate” or “magistrates”, in each place where either of them occurs, there shall be substituted the words “islands or district council”.

• Section 126

• Sections 247 and 248

• Section 250

• Sections 270 to 272

• Section 275

• Section 300

• Section 304

• Section 383

• Sections 395 to 397

• Sections 399 and 400

• Section 433

• Section 449

• In Schedule V, paragraphs (2), (3), (6), (9) and (23).

3 In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “local highway authority”.

• Section 4(28)

• Section 129

• Section 131 . . . F138

• Sections 134 and 135

• Section 137

• Section 139

• Sections 140 to 142

• Sections 149 to 152

• Sections 156 to 160

• Sections 162 to 164

• Section 190

• Section 228

Textual Amendments

F138 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I

4 In sections 210 to 213, and 233, 416 and 417, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional or islands council”.

5 In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional, islands or district council, as the case may be”.

• Section 165

• Sections 325 to 332

• Section 334

• Section 339

• Section 341

• Section 365

• Sections 367 to 369

• Section 372

• Section 374

6 In section 4, the following amendments shall be made—

(a) subsections (8) and (9) shall cease to have effect;

(b) after subsection (13) there shall be inserted the following subsection—

“(13A) “local highway authority” shall mean the regional or islands council:”,

(c) after subsection (28) there shall be inserted the following subsection—

“(28A) “proper officer” and any reference to a specified officer which is, under the Local Government (Scotland) Act 1973, to be construed as such, shall have the same meaning as in section 235(3) of the said Act of 1973:”.

7 Section 15 shall cease to have effect.

8 In section 20, for the word “commissioners”, where it second occurs, there shall be substituted the words “appropriate authority”.

9 In section 27(2), for the words “town council” there shall be substituted the words “appropriate authority”.

10 Section 42 shall cease to have effect.

11 In section 55, for the word “commissioners” there shall be substituted the words “appropriate authority”.

12 Sections 100 and 101 shall cease to have effect.

13 In section 105, for the words “their inspector of lighting, or any other officer or servant” there shall be substituted the words “the proper officer”, and for the words “inspector of lighting, or any other officer or servant” there shall be substituted the words “proper officer”.

14 In section 115, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.

15 In section 117, for the words “sanitary inspector”, in both places where they occur, there shall be substituted the words “proper officer of the islands or district council”.

16 In section 118, for the words from “burgh surveyor” to “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “surveyor, medical officer or inspectors”, in both places where they occur, there shall be substituted the words “proper officer”.

17 In section 119, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.

18 In section 120, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

19 In section 121, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “the inspector”, where they second occur, there shall be substituted the words “such officer”.

20 In section 123, for the words from “the chief” to “sanitary inspector”, where they first occur, there shall be substituted the words “their proper officer”, and for the words from “inspector of cleansing”, where they second occur, to “authorised by” there shall be substituted the words “proper officer of”.

21 In section 126, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the word “magistrate” there shall be substituted the words “such council”.

22 In section 128, the words from “of the Roads” to “1891, and” shall cease to have effect, and for the words “town council” in both places where they occur, there shall be substituted the words “local highway authority”.

23 In section 133, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

24 In section 134, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.

25 In section 138, for the word “council”, in both places where it occurs, there shall be substituted the words “local highway authority”.

26 In section 145, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

27 In section 150, the words “the Dean of Guild Court or” shall cease to have effect.

28 In section 151, for the word “treasurer” there shall be substituted the words “local highway authority”.

29 In section 154, the following amendments shall be made—

(a) for the word “commissioners”, where it first occurs, there shall be substituted the words “local highway authority”,

(b) for the words “and they may also” there shall be substituted the words “and the islands or district council may”,

(c) for the word “commissioners”, where it occurs second and third, there shall be substituted the words “islands or district council”, and

(d) for the word “commissioners”, where it last occurs, there shall be substituted the words “local highway authority and the islands and district council”.

30 In section 168, for the word “council” there shall be substituted the words “islands or district council”.

31 In section 186, for the word “commissioners”, in both places where it occurs, there shall be substituted the words “the local highway authority, or, where appropriate, the islands or district council”.

32 Section 201 shall cease to have effect.

33 Section 207 shall cease to have effect.

34 In section 210, the words “of the clerk” shall cease to have effect.

35 Section 223 shall cease to have effect.

36 In section 248, for the words “burgh surveyor” there shall be substituted the words “proper officer of the islands or district council”.

37 In section 250, the words “any of” and “or any one of them” shall cease to have effect.

38 Section 257 shall cease to have effect.

F139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

39

Textual Amendments

F139 Sch. 28 Pt. I para. 39 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. Pt. XI

40 Sections 296 and 297 shall cease to have effect.

41 in section 305, for the words “commissioners or magistrates” there shall be substituted the words “islands or district council”.

42 In section 306, after the words “two thirds”, in both places where they occur, there shall be inserted the words “of the members”.

43 In section 307, for the word “commissioners”, where it first and second occurs, there shall be substituted the words “islands or district council”, and for the words “the commissioners”, where they last occur, there shall be substituted the words “any authority”.

44 Section 310 shall cease to have effect.

45 In section 312, for the word “officers” there shall be substituted the words “proper officer”.

46 In section 316, for the word “commissioners”, where it first occurs, there shall be substituted the words “islands or district council”, and in head A, in subsection (8) for the word “burgh” where it second occurs, there shall be substituted the word “district” and for the words from “magistrates” to “burgh”, where it last occurs, there shall be substituted the words “council of that district”.

47 In section 325, after the word “their”, in both places where it occurs, there shall be inserted the word “proper”.

48 In section 330, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.

49 In section 339, the words “the clerk to” shall cease to have effect, and for the word “him” there shall be substituted the word “them”.

50 In section 341, the words from “and the commissioners” to “within the burgh” shall cease to have effect.

51 In section 365, for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”.

52 In section 367, for the words “collector in any burgh” there shall be substituted the words “proper officer of a regional, islands or district council”.

53 In section 369, after the words “any two” there shall be inserted the words “of the members”.

54 In section 372, for the words “the general expenses of the town council.” there shall be substituted the words “their general expenses”.

55 In section 381, in subsection (10), for the words “commissioners or other lawful authority” there shall be substituted the words “appropriate authority”, and in subsections (29) and (49), for the word “commissioners” there shall be substituted the words “to appropriate authority”.

56 In section 385, for the word “magistrates” there shall be substituted the words “local highway authority”, and for paragraph (4) there shall be substituted the words “and the islands or district council may from time to time make byelaws and issue notices and orders prohibiting or regulating public processions.”.

57 Section 411 shall cease to have effect.

58 Section 428 shall cease to have effect.

59 Section 432 shall cease to have effect.

60 In Schedule V, in paragraph (2)(d), after the words “one of” there shall be inserted the words “the members of”.

Part II S The M192 Burgh Police (Scotland) Act 1903

Marginal Citations

M192 1903 c. 33.

61 In sections 5 to 20, for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”.

62 In section 6, the words “of the town clerk or other public office” shall cease to have effect, and after the words “town council,”, where they first occur, there shall be inserted the words “or their proper officer,”.

63 In section 8, for the words “town clerk” there shall be substituted the words “proper officer of the local highway authority”, for the words “such official as”, there shall be substituted the words “the proper officer of”, and the words “may from time to time appoint” shall cease to have effect.

64 In section 9,

(a) the words from “to the dean” to “such court”,

(b) the words from “or dean” to “may be”, and

(c) the words from “and any deliverance” onwards, shall cease to have effect.

65 In section 11, for the words “dean of guild court” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.

66 Section 13 shall cease to have effect.

67 In section 16, the words “dean of guild court or” shall cease to have effect.

68 In section 21, for the words “town council” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.

69 In section 23, for the words “town council” there shall be substituted the words “islands or district council”.

70 In section 30, for the words “town council” there shall be substituted the words “planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973”.

71 In section 31, for the words “burgh surveyor” in each place where they occur, there shall be substituted the words “proper officer of the islands or district council, or, in the Highland, Borders, or Dumfries and Galloway region, the regional council”, and the words from “and may further” onwards shall cease to have effect.

72 In section 35, for the words “burgh surveyor”, in both places where they occur, there shall be substituted the words “proper officer of the regional or islands council”, and for the words from “the dean”, where they first occur, to “of the matter” there shall be substituted the words “regional or islands council who shall be bound to dispose of the matter”.

73 Section 37 shall cease to have effect.

74 Section 39 shall cease to have effect.

75 In section 41, the following amendments shall be made—

(a) for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”,

(b) in subsection (1), in paragraph (a), the words from “or the dean” to “may be”, in paragraph (b), the words “the dean of guild court” and in paragraph (c), the words from “or the dean” to “may be” shall cease to have effect,

(c) in subsection (2), the words “the dean of guild court” shall cease to have effect,

(d) in subsection (3), the words “dean of guild court, as the case may be” shall cease to have effect, and

(e) in subsection (4), the words from “or where” to “it out” shall cease to have effect.

76 Section 43 shall cease to have effect.

77 In section 44, for the words “town council” there shall be substituted the words “islands or district council”.

78 Sections 56 and 57 shall cease to have effect.

79 In section 58, for the words “town council” in both places where they occur, there shall be substituted the words “regional, islands or district council, as the case may be”.

80 In section 59, the following amendments shall be made—

(a) for the word “burgh”, in each place where it occurs, there shall be substituted the word “district”.

(b) for the word “town” where first occurring, there shall be substituted the word “district”,

(c) for the words from “county council”, where they first occur, to “county or” there shall be substituted the words “council of the”,

(d) for the word “magistrates” there shall be substituted the word “district council”, and

(e) for the words “county council or town council” where they second occur, there shall be substituted the words “other district council concerned”.

81 In section 61, the following amendments shall be made—

(a) in subsections (2) and (4), for the words “town council” there shall be substituted the words “local highway authority”.

(b) in subsection (6), for the words “council of a burgh” there shall be substituted the words “local highway authority” and for the words “such burgh” there shall be substituted the words “the area of such authority”.

82 In sections 64, 67, 68, 79, 80 and 82, for the words “town council” in each place where they occur, there shall be substituted the words “islands or district council”.

83 In the said section 79, in subsection (2), after the words “constable or” there shall be inserted the word “proper”.

84 In section 81, for the word “magistrates” there shall be substituted the words “islands or district council:”.

85 In section 93 the following amendments shall be made—

(a) for the words “town council”, where they first occur, there shall be substituted the words “local highway authority”,

(b) there shall be inserted after paragraph (11) the following unnumbered paragraph—

“The islands or district council may, from time to time, make byelaws and repeal, alter or amend any byelaws so made, for the protection of trees, shrubbery or ornamental or pleasure grounds in or adjacent to streets.”.

(c) paragraph (12) shall cease to have effect, and

(d) for the words “the town council”, where they last occur, there shall be substituted the words “a competent authority”.

86 Section 97 shall cease to have effect.

87 In section 98, the following amendments shall be made—

(a) in subsection (2), for the words “town council” where they first occur, there shall be substituted the words “appropriate regional, islands or district council exercising functions in any such burgh”, and for the words “a town council” there shall be substituted the words “any such appropriate council”.

(b) in subsection (3), for the words “town council” there shall be substituted the words “appropriate council”, and the proviso shall cease to have effect,

(c) in subsection (4), for the words “a town council” there shall be substituted the words “an appropriate council”, and the words “ “Hollow squares”” shall cease to have effect, and

(d) subsection (8) shall cease to have effect.

88 Section 99 shall cease to have effect.

89 Section 101 shall cease to have effect.

90 In section 103, the following amendments shall be made—

(a) in paragraph (5), for the words from “or local” to “commissioners” there shall be substituted the words “Act or local enactment by the local highway authority”, and for the words “town council”, where they second and third occur, there shall be substituted the words “said authority”,

(b) in paragraph (9), for the words “dean of guild court or town council” there shall be substituted the words “local highway authority”.

(c) in paragraph (12),

(i) the word “Guild” shall cease to have effect,

(ii) in sub-paragraph (l), for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”, and the words “dean of guild court” shall cease to have effect,

(iii) in sub-paragraph (m), for the words from “dean”, where it first occurs, to “burgh surveyor” there shall be substituted the words “local highway authority or their proper officer”.

91 In section 104(2), the following amendments shall be made—

(a) in paragraph (g), for the words “town council” there shall be substituted the words “local highway authority”, and

(b) for the words from “town council”, where they second occur, to “guild court)” there shall be substituted the words “regional, islands or district council, as the case may be”, and

(c) for the words “town council”, where they last occur, there shall be substituted the words “any such council”.

Part III S The M193 Burgh Ploice (Scotland) Amendment Act 1911

Marginal Citations

M193 1911 c. 51.

92 In section 1,

(a) in subsection (4), the words from “and, where” onwards shall cease to have effect,

(b) in subsection (5),

(i) for the word “county”, where it first and second occurs, there shall be substituted the words “islands area or district”,

(ii) for the words “county council” there shall be substituted the word “sheriff”.

(c) in subsection (6), the words “or under section seventy six of the M194 Licensing (Scotland) Act 1903” shall cease to have effect.

Marginal Citations

M194 1903 c. 25.

93 In section 2,

(a) for the words from “magistrates” to “of a county” there shall be substituted the words “members of the council of an islands area or district council”,

(b) for the words “burgh or the county” there shall be substituted the words “area of the said council”.

94 In section 3, for the words “a town council” there shall be substituted the words “an islands or district council”.

Section 237.

X24 Schedule 29 S Repeals

Editorial Information

X24 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Chapter	Short Title	Extent of Repeal
3 Geo. 4. c. 33.	The Riotous Assemblies (Scotland) Act 1822.	In section 10, the words from “ or the Clerk of Supply ” to “ city or burgh ”, where they occur second.
		Sections 11 to 14.
6 Geo. 4. c. 22.	The Jurors (Scotland) Act 1825.	In section 1, the words “ in any county ”.
		Sections 5 and 6.
1 & 2 Vict. c. 119.	The Sheriff Courts (Scotland) Act 1838.	Section 27.
16 & 17 Vict. c. 93.	The Burgh Harbours (Scotland) Act 1853.	The whole Act.
17 & 18 Vict. c. 91.	The Lands Valuation (Scotland) Act 1854.	Section 39.
		Section 41.
25 & 26 Vict. c. 19.	The General Pier and Harbour Act 1861, Amendment Act 1862.	In Part I of Schedule (B), in paragraph (3), the words “ city, town or ”, where first occurring, and the words from “ or if there be none ” onwards.
25 & 26 Vict. c. 105.	The Highland Roads and Bridges Act 1862.	The whole Act.
29 & 30 Vict. c. 17.	The Cattle-sheds in Burghs Act 1866.	The whole Act.
30 & 31 Vict. c. 80.	The Valuation of Lands (Scotland) Amendment Act 1867.	Section 5.
38 & 39 Vict.	The Explosives Act 1875 c. 17.	Section 109(1).
		In section 110.2, the words “ for a borough ”.
		Section 110.3.
		Section 111(c).
		Section 112.
41 & 42 Vict. c. 8.	The Public Parks (Scotland) Act 1878.	In section 2, the words from “ and ” onwards.
		In section 21, the words “ burgh or ”, in both places where they occur, and the words “ magistrates and town councils or other ”, in both places where they occur.
		In section 27, the definition of “ burgh ”.
42 & 43 Vict. c. 27.	The Convention of Royal Burghs (Scotland) Act 1879.	The whole Act.
45 & 46 Vict. c. 49.	The Militia Act 1882.	Sections 29, 48 and 52.
50 & 51 Vict. c. 35.	The Criminal Procedure (Scotland) Act 1887.	In section 47, the words from “ but in all cases ” onwards.
50 & 51 Vict. c. 42.	The Public Libraries Consolidation (Scotland) Act 1887.	Sections 4, 5 and 6.
		Section 14.
		Sections 17 to 20.
		In section 21, the first and second paragraphs and in the seventh paragraph the words “ may not be a householder, and ”.
		In section 22, the words between “ Scotland ” and “ and shall ”.
		Section 23.
		Sections 25 to 27.
		In section 28, the words “ clerk or other ”.
		Sections 29 and 30.
		Schedules (A) and (B).
50 & 51 Vict. c. 51.	The Valuation of Lands (Scotland) Amendment Act 1887.	Section 2.
52 & 53 Vict. c. 50.	The Local Government (Scotland) Act 1889.	In section 11, subsections (1), (3) and (5).
		Section 14.
		Section 16.
		Sections 39 to 42.
		Section 58.
		Section 67.
54 & 55 Vict. c. 32.	The Roads and Streets in Police Burghs (Scotland) Act 1891.	The whole Act.
55 & 56 Vict. c. 12.	The Roads and Bridges (Scotland) Amendment Act 1892.	Section 5.
55 & 56 Vict. c. 54.	The Allotments (Scotland) Act 1892.	In section 2(1), the words “ of any burgh or parish ”, in both places where they occur.
		In section 15, the words “ in the burgh or parish ”.
		In section 16, the definitions of “ burgh ”, “ county ”, “ county elector ”, “ district ” and “ district committee ”.
55 & 56 Vict. c. 55.	The Burgh Police (Scotland) Act 1892.	Section 4(8) and (9).
		Section 15.
		Section 42.
		Sections 100 and 101.
		In section 128, the words “ of the Roads and Streets in Police Burghs (Scotland) Act, 1891, and ”.
		In section 150, the words “ the Dean of Guild Court or ”.
		Section 201.
		Section 207.
		In section 210, the words “ of the clerk ”.
		Section 223.
		In section 250, the words “ any of ” and “ or any one of them ”.
		Section 257.
		Section 296 and 297.
		Section 310.
		In section 339, the words “ the clerk to ”.
		In section 341 the words from “ and the commissioners ” to “ within the burgh ”.
		Section 411.
		Section 428.
		Section 432.
57 & 58 Vict. c. 20.	The Public Libraries (Scotland) Act 1894.	The whole Act.
57 & 58 Vict. c. 36.	The Valuation of Lands (Scotland) Acts Amendment Act 1894.	Section 4.
57 & 58 Vict. c. 58.	The Local Government (Scotland) Act 1894.	Sections 3 to 25.
		Sections 42 to 48.
		In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ” and “ burghs ”.
57 & 58 Vict. c. 60.	The Merchant Shipping Act 1894.	Section 668(1)(c).
58 & 59 Vict. c. 6.	The Convention of Royal Burghs (Scotland) Act 1879, Amendment Act 1895.	The whole Act.
59 & 60 Vict. c. 32.	The Orkney and Zetland Small Piers and Harbours Act 1896.	The whole Act.
60 & 61 Vict. c. 38.	The Public Health (Scotland) Act 1897.	In section 3, the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ”.
		Section 15.
		In section 18, the words “ magistrate or ” and the word “ magistrate ”, in each place where it occurs.
		In section 19, the words “ of the county or burgh ”.
		In section 22, the words “ magistrate or ”, in each place where they occur, and the words “ or on a representation by a parish council ”, “ to the collector of the churchyard or other dues, or ” and the word “ other ” where it second occurs.
		In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155 and 177, the word “ magistrate ” and the word “ magistrates ” in each place where either of them occurs.
		Section 28.
		In section 31, the words “ or of their sanitary inspector ”.
		In section 32(2), the words from “ but, in the case ” onwards.
		In section 36(1), the words “ or from a representation by a parish council ”.
		In section 37, in subsection (1), the words from “ by the county ” to “ any district ”, and the words “ such county council or ”, and in subsection (2), the words from “ and for the purpose ” onwards.
		In section 39, in the first paragraph, the words “ within such special scavenging district ”.
		In section 42, the words “ in any special scavenging district ” in both places where they occur.
		In section 94, the words from “ but in the case ” onwards.
		Section 118.
		Section 121.
		In section 146, in subsection (1), the words “ or for a parish council ”, and “ of the county ”, and in subsection (2), the words “ or for any parish council ”.
		In section 157, the words “ magistrate or ”.
		In section 158, the words “ or magistrates ”.
		In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs.
		Section 191.
		Section 192.
60 & 61 Vict. c. 53.	The Congested Districts (Scotland) Act 1897.	In section 10, the words “ and crofting parish ”.
62 & 63 Vict. c. 5.	The Public Libraries (Scotland) Act 1899.	The whole Act.
62 & 63 Vict. c. 19.	The Electric Lighting (Clauses) Act 1899.	In the Schedule, in section 1, the definition of “ county council ”.
63 & 64 Vict. c. 49.	The Town Councils (Scotland) Act 1900.	The whole Act.
3 Edw. 7. c. 33.	The Burgh Police (Scotland) Act 1903.	In section 6, the words “ of the town clerk or other public office ”.
		In section 8, the words “ may from time to time appoint ”.
		In section 9,
		(a) the words from “ to the dean ” to “ such court ”,
		(b) the words from “ or dean ” to “ may be ”, and
		(c) the words from “ and any deliverance ” onwards.
		Section 13.
		In section 16, the words “ dean of guild court or ”.
		In section 31, the words from “ and may further ” onwards.
		Section 37.
		Section 39.
		In section 41, in subsection (1), in paragraph (a), the words from “ or the dean ” to “ may be ”, in paragraph (b) the words “ the dean of guild court ”, and in paragraph (c), the words from “ or the dean ” to “ may be ”; in subsection (2), the words “ the dean of guild court ”; in subsection (3), the words “ dean of guild court, as the case may be ”; and in subsection (4) the words from “ or where ” to “ it out ”.
		Section 43.
		Section 56.
		Section 57.
		In section 93, paragraph (12).
		Section 97.
		In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words
		Section 99.
		Section 101.
		In section 103(12), the word “ Guild ” and in sub-paragraph (1) the words “ dean of guild court ”.
8 Edw. 7. c. 62.	The Local Government (Scotland) Act 1908.	Sections 3 to 5.
		Sections 10 and 11.
		Section 13.
		Section 15.
		Sections 19 to 22.
		Sections 26 to 28.
9 Edw. 7. c. 30.	The Cinematograph Act 1909.	Sections 5 and 8(3) and (4).
9 Edw. 7. c. 47.	The Development and Road Improvement Funds Act 1909.	In section 16, the words from “ References to a county ” to “ respective powers and duties ”.
1 & 2 Geo. 5. c. 51.	The Burgh Police (Scotland) Amendment Act 1911.	In section 1, in subsection (4), the words from “ and, where ” onwards, and, in subsection (6), the words “ or under section seventy six of the Licensing (Scotland) Act, 1903, ”.
1 & 2 Geo. 5. c. 53.	The House Letting and Rating (Scotland) Act 1911.	The whole Act.
3 & 4 Geo. 5. c. 32.	The Ancient Monuments Consolidation and Amendment Act 1913.	In section 23(2), the words from “ references to a borough ” to “ county council and ”.
4 & 5 Geo. 5. c. 46.	The Milk and Dairies (Scotland) Act 1914.	In section 28, the words “ subject to the consent of the Board ”.
5 & 6 Geo. 5. c. 88.	The Street Collections Regulation (Scotland) Act 1915.	The whole Act.
9 & 10 Geo. 5. c. 97.	The Land Settlement (Scotland) Act 1919.	Section 18(1).
		In section 24, the definition of “ parish council ”.
9 & 10 Geo. 5. c. 100.	The Electricity (Supply) Act 1919.	In section 21, the words “ (including a county council) ”.
10 & 11 Geo. 5. c. 8.	The House Letting and Rating (Scotland) Act 1920.	The whole Act.
10 & 11 Geo. 5. c. 45.	The Public Libraries (Scotland) Act 1920.	The whole Act.
12 & 13 Geo. 5. c. 52.	The Allotments (Scotland) Act 1922.	Section 16.
15 & 16 Geo. 5. c. 33.	The Church of Scotland (Property and Endowments) Act 1925.	In section 22(4), the words “ continue to ”.
		In section 32, subsection (3), and in subsection (4), the words “ or other local authority ” in each place where they occur.
15 & 16 Geo. 5. c. 38.	The Performing Animals (Regulation) Act 1925.	In section 1, in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur and in subsection (7), the words “ subject to payment of the prescribed fee ”.
		In section 5(3), the words from “ and the fee ” onwards.
		In section 6(a), the words from “ and any expenses ” onwards.
15 & 16 Geo. 5. c. 68.	The Roads Improvement Act 1925.	In section 5, in the proviso, paragraph (a).
		In section 7, the words “ between any of them respectively ”.
		Section 8.
15 & 16 Geo. 5. c. 82.	The Roads and Streets in Police Burghs (Scotland) Act 1925.	The whole Act.
16 & 17 Geo. 5. c. 51.	The Electricity (Supply) Act 1926.	In Schedule 6, the item relating to section 21 of the Electricity (Supply) Act 1919.
18 & 19 Geo. 5. c. 19.	The Agricultural Produce (Grading and Marking) Act 1928.	In section 4, in subsections (1), (2)(bb) and (2)(c), the words “ or county borough ”.
		In section 5, the words “ or county borough ”, in each place where they occur, the words “ in the case of a county council ”, the words from “ and in the case ” to “ borough rate ” and the words “ and county boroughs ”.
18 & 19 Geo. 5. c. 29.	The Slaughter of Animals (Scotland) Act 1928.	In section 2(5), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ”.
		In section 7(a), the words “ and “local authority” ”.
19 & 20 Geo. 5. c. 25.	The Local Government (Scotland) Act 1929.	Sections 1 to 3.
		Sections 5 and 6.
		Sections 10 and 11.
		Section 18.
		Section 24.
		Section 26.
		Section 34.
		Section 41.
		Section 49(3) and (4).
		Sections 50 to 52.
		Section 76.
		In section 77, subsection (1) other than the definitions of “ Agricultural Lands and Heritages ”, “ Industrial Lands and Heritages ”, “ Freight Transport Lands and Heritages ”, “ Industrial Purposes ” and “ Freight Transport Purposes ”, “ Functions ”, “ Rate ”, “ Rating Authority ” and “ Water Rate ”; and subsections (2) and (3) and (5) to (8).
		Section 79.
		Schedules 1, 2 and 5.
19 & 20 Geo. 5. c. 33.	The Bridges Act 1929.	Section 3.
		In section 7(3), the words from “ and any question ” onwards.
		Section 10(1) and (2).
20 & 21 Geo. 5. c. 43.	The Road Traffic Act 1930.	In section 53, in subsection (2)(b), the words from “ but a right ” onwards, and in subsection (6), the words “ subject to the approval of the Minister ”.
		In section 56, subsection (2) and in subsection (3), the words from “ or if ” onwards.
21 & 22 Geo. 5. c. 17.	The Local Authorities (Publicity) Act 1931.	The whole Act.
23 & 24 Geo. 5. c. 44.	The Church of Scotland (Property and Endowments) Amendment Act 1933.	In section 2(2), the words from “ or, in the case ” onwards.
24 & 25 Geo. 5. c. 50.	The Road Traffic Act 1934.	Section 23.
25 & 26 Geo. 5. c. 47.	The Restriction of Ribbon Development Act 1935.	In section 17(2), the words from “ measured ” to “ State ”.
26 Geo. 5. & 1 Edw. 8. c. 48.	The Health Resorts and Watering Places Act 1936.	The whole Act.
1 Edw. 8 & 1 Geo. 6. c. 5.	The Trunk Roads Act 1936.	In section 3(2), in paragraph (b), the words from “ shall not ” to “ aforesaid ” and, in paragraph (c), the words “ shall not be exercisable by a county council in any borough or urban district and ”.
		In section 12, in the proviso to subsection (2)(a), the words “ subsection (2) of section 3 and ”, and, in subsection (9), the proviso.
1 Edw. 8 & 1 Geo. 6. c. 28.	The Harbours, Piers and Ferries (Scotland) Act 1937.	In section 1(1), the words from “ authorised ” onwards.
		Section 2(2).
		In section 10(5), the words from “ and if ” onwards.
		Section 17.
		Section 23.
		In section 31(1), the definition of “ ferry ”.
1 Edw. 8 & 1 Geo. 6. c. 37.	The Children and Young Persons (Scotland) Act 1937.	In section 110, in subsection (1), the definition of “ Large burgh ”, and subsections (2) and (3)(b).
1 Edw. 8. & 1 Geo. 6. c. 46.	The Physical Training and Recreation Act 1937.	In section 3(1)(a) and (b), the words “ local authority or ”.
		In section 10, in subsection (2), the words from “ and for ” onwards, and subsection (9).
1 & 2 Geo. 6. c. 6.	The Air-Raid Precautions Act 1937.	In section 13, in subsection (4) the words from “ and, as regards ” to the end and subsections (9), (10) and (12).
2 & 3 Geo. 6. c. 31.	The Civil Defence Act 1939.	In section 91, subsection (2)(d) (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections (15), (18), (19), (25) and (31).
2 & 3 Geo. 6. c. 44.	The House to House Collections Act 1939.	Section 7.
		Section 10(e).
		In section 11(1), the definitions of “ police area ”, “ police authority ” and “ chief officer of police ”.
3 & 4 Geo. 6. c. 31.	The War Charities Act 1940.	Section 12(h).
9 & 10 Geo. 6. c. 15.	The Public Health (Scotland) Act 1945.	In section 1(8) the definitions of “ county ”, “ large burgh ” and “ small burgh ”.
9 & 10 Geo. 6. c. 42.	The Water (Scotland) Act 1946.	Section 3.
		In section 9, the words from “ and the Secretary ” onwards.
		In section 12(3), the words “ against an authority ” and “ to the authority ”.
		Section 18(2).
		In section 24(1), the proviso.
		In section 29(2), in the proviso, the words from “ and any ” onwards.
		In section 53, in subsection (1), the words from “ in accordance ” to “ may make ”, and subsection (4).
		In section 84(1) the definition of “ county ”.
		In Schedule 4, in paragraph 19, the words from “ Any dispute ” onwards, and in paragraph 24(2), the words from “ or as ” onwards.
9 & 10 Geo. 6. c. 77.	The Association of County Councils (Scotland) Act 1946.	The whole Act.
10 & 11 Geo. 6. c. 22.	The Civic Restaurants Act 1947.	In section 1, in subsection (1), paragraph (i) of the proviso, subsection (2) and, in subsection (3), the words from “ including ” to “ powers ”.
		Section 2.
		In section 3, in subsection (5), the words from “ or where ” onwards, subsection (6) and, in subsection (7), the words from “ or a county ” to “ powers ”, and the words from “ subject ” to “ 1929 ”.
10 & 11 Geo. 6. c. 41.	The Fire Services Act 1947.	In section 36(2), the words between “ Secretary of State ” and “ for any reference to a combination scheme ”.
		Schedule 4.
. . . F140	. . . F140	. . . F140
10 & 11 Geo. 6. c. 43.	The Local Government (Scotland) Act 1947.	Sections 1 to 178.
		In section 179, paragraphs (2), (4), (5) and (6).
		Sections 180 to 186.
		Sections 188 to 192.
		Section 194.
		Sections 196 to 215.
		Sections 217 to 220.
		In section 221, the words “ corresponding to or as nearly as may be to the year ”.
		In section 223, the proviso.
		Sections 224 to 227.
		In section 229, subsection (2); and, in subsection (3), the words “ or of the provisions of any local Act ” and the words from “ and the provisions ” to the end.
		Section 230.
		In section 231, the words “ and save as otherwise provided in any local Act ”, the words “ the office of the collector of the authority or at ” and the word “ other ”.
		In section 232, in subsection (1), in the proviso, paragraph (c).
		In section 234, the words from “ made up under ” to the end.
		In section 235(1), the words from the beginning to “ 1911 ”.
		In section 237, subsection (2)(f).
		In section 238, subsection (4).
		Section 239.
		In sections 240 and 241, the words from the beginning to “ 1920 ”.
		In section 243, in subsection (1),the words “ in a local Act or ”.
		Sections 245 and 246.
		In section 252, the words from “ whether such expenses ” to “ county council ”.
		Sections 255 to 257.
		In section 258, in subsection (1), paragraph (e) and, in paragraph (g), the words from the beginning to “ town council ”; and, in subsection (3), the words from “ and gives ” to the end.
		In section 259, in subsection (1), paragraph (a); and subsections (2) and (3).
		In section 260, in subsection (1), in paragraph (e), the words “ in the case of a county council or town council ”; and subsection (2).
		In section 261, in subsection (1), the words “ on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act ” and the words from “ and all money ” to “ pari passu ”.
		In section 262(1), in paragraph (b) of the proviso, the words from “ in order ” to “ relates ” and the words from “ in accordance ” onwards.
		In section 263, in subsection (1), the words “ or under a local Act ”.
		In section 264, subsection (4).
		In section 265, in subsection (5), the words “ with the sanction of the Secretary of State ”.
		In section 266, in subsection (1), the words from “ and if it appears ” to the end; in subsection (3), the words “ with the consent of the Secretary of State ”; and, in subsection (4), the words “ subject to obtaining the consent of the Secretary of State ” and the words “ with the like consent ”.
		In section 268, in subsection (2), the words from “ Where the treasurer ” to the end.
		In section 269, in subsection (1), in the proviso, paragraph (a).
		Section 270.
		In section 271, in subsection (1), the words from “ by a county council ” to “ section ” and subsection (2).
		In section 274, the proviso.
		In section 275, subsection (3).
		In section 279, the words “ with consent of the Secretary of State ”; and, in the proviso, in paragraph (i), the words from “ shall require ” to “ fund or ”, and paragraph (ii).
		Sections 297 to 317.
		Sections 319 to 376.
		Schedules 1 to 5.
		In Schedule 7, in Form (1), in Note (1), the words “ of the burgh ”; in Note (2), the word “ district ”; and Note (3).
		Schedules 9 and 10.
10 & 11 Geo. 6. c. 53.	The Town and Country Planning (Scotland) Act 1947.	In section 113(1), the definitions of “ large burgh ” and “ small burgh ”.
		In Schedule 8, the item relating to the Electricity (Supply) Act 1919.
11 & 12 Geo. 6. c. 26.	The Local Government Act 1948.	Section 17.
		Sections 21 and 22.
		Section 24.
		Sections 26 to 32.
		Section 101.
		Part VI.
		Sections 129 to 132.
		Sections 134 and 135.
		Section 138(2).
		In section 145, in subsection (2), the definitions of “ large burgh ” and “ small burgh ”.
11 & 12 Geo. 6. c. 29.	The National Assistance Act 1948.	In section 64(1), the definition of “ large burgh ”.
		In section 65, paragraphs (a) and (b).
11 & 12 Geo. 6. c. 45.	The Agriculture (Scotland) Act 1948.	Section 79.
		Schedule 7.
11 & 12 Geo. 6. c. 46.	The Employment and Training Act 1948.	Section 10(2)(b) and (c).
		Section 19(4).
11 & 12 Geo. 6. c. 65.	The Representation of the People Act 1948.	Part V.
		Schedule 7.
12, 13 & 14 Geo. 6. c. 5.	The Civil Defence Act 1948.	Section 2(2)(b).
12 & 13 Geo. 6. c. 31.	The Water (Scotland) Act 1949.	Section 2(2)(b).
		In section 4(3), the words “ subject to the provisions of subsection (5) of section 16 of this Act ”.
		Section 8(2).
		Section 14.
		Section 16(5).
12 & 13 Geo. 6. c. 32.	The Special Roads Act 1949.	In section 21(1), the definition of “ large burgh ”.
12, 13 & 14 Geo. 6. c. 47.	The Finance Act 1949.	In section 15, subsection (1)(a), in subsection (3), the words “ the Hawkers Act 1888, or ” and subsection (5).
12 & 13 Geo. 6. c. 68.	The Representation of the People Act 1949.	In section 11(2)(b), the words “ or, in Scotland, each electoral division ”.
		Section 30.
		Section 31.
		Section 32.
		Section 36.
		Section 37(3).
		In section 40(2), the words from “ in England ” to “ in Scotland ”.
		In section 41(2), the words “ Except in Scotland ”.
		In section 43, in subsection (1), the words from “ and there shall be paid ” onwards, and subsection (8).
		In section 52(2), in paragraph (a), the words “ or, in the case of an election of town councillors to the town clerk ”.
		In section 55(6), in paragraph (b), the words “ in England and Wales ”, and paragraph (c).
		In section 83(4), the word “ district ”.
		In section 86(4), the words “ town clerk or town clerk depute ” where they first occur.
		In section 173, in subsection (2), the words from the beginning to “ town councillor and ”; subsection (3); and in subsection (8), the definitions of “ assessor ”, “ burgh ”, “ large burgh ”, and “ small burgh ” and “ elected district councillor ”.
		Schedule 3.
		In Schedule 8, in paragraph 5, in sub-paragraph (1), so much of the Table as relates to the Local Government (Scotland) Act 1947, and sub-paragraphs (4), (5) and (6).
12 & 13 Geo. 6. c. 74.	The Coast Protection Act 1949.	Section 1(3).
		Section 3.
		Section 20(7).
		In section 21, subsections (1)(c) and (3)(b).
		In section 29, subsections (3) to (7).
		Section 42.
		In section 49(4) the words “ maritime county borough or county district ” and the definition of maritime burgh or county.
12, 13 & 14 Geo. 6. c. 94.	The Criminal Justice (Scotland) Act 1949.	In section 78(1), the definitions of “ large burgh ” and “ small burgh ”.
12, 13 & 14 Geo. 6. c. 97.	The National Parks and Access to the Countryside Act 1949.	Section 21(7).
		Section 104(11).
14 Geo. 6. c. 24.	The Highways (Provision of Cattle Grids) Act 1950.	Section 14.
		Section 16(4).
		Section 18.
14 Geo. 6. c. 36.	The Diseases of Animals Act 1950.	In section 43, the words “ with the sanction of the Minister ”.
		Section 60.
		Section 61(7).
		Section 64(2).
		Section 68.
		Schedule 4.
14 & 15 Geo. 6. c. 15.	The Local Government (Scotland) Act 1951.	The whole Act.
14 & 15 Geo. 6. c. 35.	The Pet Animals Act 1951.	In section 1(2), the words “ not exceeding £2 ”.
14 & 15 Geo. 6. c. 66.	The Rivers (Prevention of Pollution) (Scotland) Act 1951.	Sections 2 to 5.
		Section 6(2).
		Section 8.
		In section 10, subsections (2) to (4).
		Section 11.
		Section 15.
		In section 18(4), the proviso.
		Section 26(5).
		Section 28(9).
		In section 29(4), the words from “ subject ” onwards.
		In section 30(1), the words “ river purification boards or ”.
		In section 35, in subsection (1) the definitions of “ largo burgh ”, “ small burgh ”, and subsection (2).
		In Schedule 1, in paragraph 7, sub-paragraphs (a) and (b).
		In Schedule 3, paragraphs 1 and 3.
15 & 16 Geo. 6. & 1 Eliz. 2. c. 61	The Prisons (Scotland) Act 1952.	In section 31(3), the words “ burgh magistrates or ”.
In section 37(2), the words “ remand home or ”, where first occurring, and the words “ remand home ”, where they subsequently occur.
		Section 38.
		Section 41.
		In section 42(1), the definition of “ remand home ”.
1 & 2 Eliz. 2. c. 36.	The Post Office Act 1953.	Section 51(5)(c).
1 & 2 Eliz. 2. c. 50.	The Auxiliary Forces Act 1953.	In section 2(1), in the definition of “ joint association ” the words from “ consisting ” to “ other area ”.
		Section 47.
		Part II of Schedule 3.
2 & 3 Eliz. 2. c. 13.	The Local Government (Financial Provisions) (Scotland) Act 1954.	Sections 1 to 9.
3 & 4 Eliz. 2. c. 27.	The Public Libraries (Scotland) Act 1955.	Section 3.
4 & 5 Eliz. 2. c. 30.	The Food and Drugs (Scotland) Act 1956.	In section 21, in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards, and subsections (2) and (3).
		Section 22(2).
		Section 27(3).
4 & 5 Eliz. 2. c. 52.	The Clean Air Act 1956.	Section 31(7)(c).
4 & 5 Eliz. 2. c. 60.	The Valuation and Rating (Scotland) Act 1956.	In section 1, subsections (1) to (4); in subsection (5), the words “ under this section ”; subsection (6); in subsection (7), the words “ appointed under this section ”.
		Section 4.
		In section 5, in subsection (1), paragraph (i) and, in paragraph (j), the words from “ or in any burgh ” to “ that burgh ”.
		In section 16(3), the words from “ of the House ” to “ 1920, or ”.
		In section 21, in subsection (1), the words “ are situated within the landward area of a county and ”.
		Section 26.
		Section 31.
		Section 37.
		Section 40.
		In section 43, in subsection (1), the definitions of “ burgh ”, “ large burgh ” and “ rating authority ”.
		Schedule 6.
5 & 6 Eliz. 2. c. 40. Act 1957.	The Thermal Insulation (Industrial Buildings)	In section 4(3) as set out in its application to Scotland, section 12(5), the words “ or, as the case may be, the plans of the building were approved by the local authority ”.
5 & 6 Eliz. 2. c. 48.	The Electricity Act 1957.	In section 33, subsections (1) and (3).
6 & 7 Eliz. 2. c. 33.	The Disabled Persons (Employment) Act 1958.	Section 3(4).
		The Schedule.
6 & 7 Eliz. 2. c. 36.	The Physical Training and Recreation Act 1958.	Section 1(3).
6 & 7 Eliz. 2. c. 40.	The Matrimonial Proceedings (Children) Act 1958.	In section 15, the words from “ and the expression ” onwards.
6 & 7 Eliz. 2. c. 64.	The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958.	Sections 1 to 6.
		Section 8.
		Section 18.
		Schedules 1 to 3.
		In Schedule 4, paragraph 4 and Part II.
6 & 7 Eliz. 2. c. 69.	The Opencast Coal Act 1958.	In section 52(2), the words “ local authority ”.
		In Schedule 1, in paragraph 4(b), the words “ being the council of a county, county borough or county district ” and, in paragraph 11, the words “ to a county borough, to a county district ” and the words “ to a burgh, to a district ”.
7 & 8 Eliz. 2. c. 24.	The Building (Scotland) Act 1959.	Section 1.
	In section 2, subsections (1) to (3).
		In section 6, subsection (8)(a), and, in subsection (9), the words “ or (b) by a local authority to demolish any building ”.
		Section 7.
		Section 8(3).
		In section 9, subsections (7) and (8).
		In section 10(2) the words “ and the local authority shall thereupon be entitled to act accordingly ”.
		In section 18, subsection (2), in subsection (4), the words “ the buildings authority or ” where they first occur and the words “ or (2) ” and in subsection (7) the words “ or subsection (2) ”.
		Section 20(2).
		Section 21.
		In section 25, in subsections (2) and (3), the words “ a buildings authority or ”.
	Section 27.
		In section 29, in subsection (1) the definitions of “ buildings authority ”, “ burgh ”, “ landward area ” and “ master of works ”, subsections (6) and (7), in subsection (8) the words “ two or more buildings authorities or ” and “ such one of those buildings authorities or, as the case may be ” and subsection (9).
		In section 30(1), the proviso.
		Schedules 1 and 2.
		In Schedule 3, in the heading, the words “ paragraph (a) of ”.
		In Schedule 6, in paragraph 1 the words “ or a master of works ”.
		Schedule 8.
		In Schedule 9, paragraphs 2 and 3.
7 & 8 Eliz. 2. c. 44.	The Fire Services Act 1959.	Section 7(2).
7 & 8 Eliz. 2. c. 51.	The Licensing (ScotIand) Act 1959.	In section 6, the words “ or at a special meeting of the magistrates ”.
		Section 11.
		In section 13, the words from “ or ” to “ 1949 ”.
		Sections 15 and 16.
		In section 18(2), the words from “ burgh ” to “ county ”.
		In section 29(1), the words “ or town clerk ”.
		Section 114(1).
		In section 168(1), the words “ or other area ”.
		In section 169(4), the words from “ either ” (where it first appears) to “ case ”.
		In section 175(1), the words from “ or, if the premises ” to “ to a magistrate ” and the words “ or magistrate ”.
		In section 195, the words “ town clerk ”.
		In section 199(1), the definition of “ burgh licensing court ” and “ county licensing court ”, and, in the definition of “ licensing court ”, the words “ or two ”.
		In Schedule 2, in Forms 1 and 3, the words “ parish of and ”; and in Form 2, the words “ burgh of and ”.
		In Schedule 3, in Form 1, the words “ in the parish (or burgh) of and county of ”.
7 &8 Eliz. 2. c. 70.	The Town and Country Planning (Scotland) Act 1959.	Section 28.
		Section 29(2).
8 &9 Eliz. 2. c. 16.	The Road Traffic Act 1960.	In section 121(4), the words from “ In the application ” onwards.
8 & 9 Eliz. 2. c. 31.	The Highlands and Islands Shipping Services Act 1960.	In section 5, in the definition of “ Highlands and Islands ”, the words from “ inclusive ” onwards.
8 & 9 Eliz. 2. c. 62.	The Caravan Sites and Control of Development Act 1960.	Section 27.
		Section 32(5).
9 & 10 Eliz. 2. c. 32.	The Local Authorities (Expenditure on Special Purposes) (Scotland) Act 1961.	The whole Act.
9 & 10 Eliz. 2. c. 34.	The Factories Act 1961.	In section 47(1), the word “ either ” and the words from “ or, where ” to the end.
		In section 94(3), the words “ in burghs ”.
		In section 153(3), the words “ a county council and ”.
		Section 181(3).
		Section 182(2).
9 & 10 Eliz. 2. c. 40.	The Consumer Protection Act 1961.	In section 6(3)(b), the words from “ but as if ” onwards.
9 & 10 Eliz. 2. c. 41.	The Flood Prevention (Scotland) Act 1961.	Section 5.
		Section 11(5).
		In section 15(1), the definition of “ burgh ”.
9 & 10 Eliz. 2. c. 43.	The Public Authorities (Allowances) Act 1961.	Section 2.
10 & 11 Eliz.2. c. 9.	The Local Government (Financial Provisions etc.) (Scotland) Act 1962.	Section 1.
		Section 11.
10 & 11 Eliz.2. c. 47.	The Education (Scotland) Act 1962.	In section 12(1), the words “ of a county ”, the words “ not only ” and the words from “ but also ” to the end.
		In section 13, the words from “ and shall ” onwards.
		In section 20, in subsection (1A), paragraph (a) and the words “ acquisition or ”.
		Section 23.
		In section 25, in subsection (1)(c), the words “ with the approval of the Secretary of State ”, and subsection (2).
		In section 66(7), the proviso.
		In section 85, in subsection (4), the words from “ and for any sub-committee ” to “ control of the authority) ”.
		In section 86, in subsection (1), the words from “ and, on a vacancy ” onwards, and subsection (2).
		Sections 88, 89, 90 and 91.
		In section 145, paragraph (15).
10 & 11 Eliz. 2. c. 51.	The Licensing (Scotland) Act 1962.	In Schedule 1, the words “ parish of and ”, in both places where they occur.
1963 c. 2.	The Betting, Gaming and Lotteries Act 1963.	In Schedule 1, in paragraph 1(b), the words “ or 2 ”.
		In Schedule 2, paragraph 1(2), (3), (4) and (6), and paragraphs 2 and 3.
		In Schedule 3, in paragraph 2(b), the words “ or committee ”.
		In Schedule 6, paragraph 2.
1963 c. 12.	The Local Government (Financial Provisions) (Scotland) Act 1963.	Sections 1 and 2.
		Sections 4 and 5.
		In section 7, subsection (5).
		Section 8.
		In section 9, subsection (2); in subsection (4), the words “ to county councils and town councils ”; and subsection (7).
		Section 16.
		In section 19, in subsection (2), the words “ the expression “local authority” includes a district council, and ”.
		In section 20, subsection (2).
		In section 21, subsection (2).
		Schedule 1.
1963 c. 21.	The Education (Scotland) Act 1963.	Section 4.
1963 c. 31.	The Weights and Measures Act 1963.	In section 4(1) the words “ Subject to section 37 of this Act ”.
		In section 4(2), the words “ and approved for the purpose by the Board ”.
		In section 5(1) the words “ and to section 37 of this Act ”.
		In section 5(3), the words “ and approved for the purpose by the Board ”.
		Section 37.
		Section 40(2).
		In section 41, in subsections (1) and (2) the words “ Subject to section 37 of this Act ”.
		In section 44(1), the words “ with the consent of the Board ”.
		Section 47.
1963 c. 41.	The Offices, Shops and Railway Premises Act 1963.	In section 52(3), paragraph (a) and, in paragraph (c), the words “ the council of a county ”.
1963 c. 43.	The Animal Boarding Establishments Act 1963.	In section 1(2), the words “ not exceeding £2 ”.
1964 c. 40.	The Harbours Act 1964.	In section 57(1), in the definition of “harbour”, the words “ ferry or ”.
1964 c. 67.	The Local Government (Development and Finance) (Scotland) Act 1964.	In section 1, subsections (2) and (3).
		Section 5.
		Section 6(3).
		In section 8, subsections (2) and (5).
		In section 9, in subsection (1), paragraph (b); and subsections (2) and (4).
		In section 10, subsection (2).
		Section 15.
1965 c. 13.	The Rivers (Prevention of Pollution) (Scotland) Act 1965.	Section 1(10).
		In section 3(2), the words from “ and the proviso ” to the end.
1965 c. 41.	The Local Government (Scotland) Act 1947 (Amendment) Act 1965.	The whole Act.
1965 c. 49.	The Registration of Births, Deaths and Marriages (Scotland) Act 1965.	In section 8(5), the words from “ by their ” to “ town clerk ”.
		In section 56(1), the definition of “ local authority ”.
1965 c. 57.	The Nuclear Installations Act 1965.	In section 3(3)(d), the words “ or local ”.
1966 c. 9.	The Rating Act 1966.	In section 2, in subsection (1), in paragraph (b), the words from “ under the House ” to “ 1920, or ”; and, in subsection (12), in paragraph (b), the words from “ or any corresponding provision ” to the end.
		In section 4, in subsection (5), the words “ or any provision for like purposes contained in any local Act ” and the words from “ or any such provision ” to the end.
		Sections 5 to 8.
1966 c. 20.	The Ministry of Social Security Act 1966.	In Schedule 4, paragraph 2(5).
1966 c. 49.	The Housing (Scotland) Act 1966.	Section 98.
		In section 107, in subsection (2), the words from “ who are not ” to “ another fire authority ”.
		In section 147, the words “ subject to the approval of the Secretary of State ”.
		Sections 173 and 174.
		In section 184, the words “ the sanitary inspector or ”.
		In section 185(1)(b), the words “ the sanitary inspector or ” and the words “ of such officer or ”.
		In section 193, in subsection (1)(a), in head (i), the word “ or ” occurring at the end, and head (ii).
		Section 201.
		In section 208(1), the definitions of “ burgh ” and “ large burgh ”.
1966 c. 51.	The Local Government (Scotland) Act 1966.	In section 2, in subsection (2), in paragraph (b), the words “ and grants under the Rating Act 1966 ”.
		Section 11(3).
		Section 28(5).
		In section 30, subsections (3) and (4).
		Sections 31 and 32.
		Section 33(2).
		Sections 36, 37 and 39.
		In Schedule 1, in Part I, paragraph 2; and, in paragraph 5(2), the words from “ and joint ” to “ constituent councils ”.
		In Schedule 1, in Part II, in paragraph 1, the words from “ shall be payable ” to “ burgh, but ”; and paragraph 3.
		In Schedule 2, in paragraph 19(a), the words “ and, where appropriate, the separately rated areas ”; paragraph 22; and, in paragraph 27, the definitions of “ burgh ” and “ separately rated area ”.
		In Schedule 5, paragraphs 1 and 4.
1967 c. 8.	The Plant Health Act 1967.	In section 5(2), the words from “ in such manner ” to “ direct ”.
		In section 6(3), the words from “ in such ”, where first occurring, to “ direction ”.
1967 c. 69.	The Civic Amenities Act 1967.	In section 18, in subsection (7), the words “ Subject to the following subsection ” and the words from “ so however ” onwards, subsection (8) and, in subsection (9), the words “ or subsection (8) ”.
1967 c. 76.	The Road Traffic Regulation Act 1967.	In section 21, subsection (2), in subsection (6), the words from “ and in relation to ” to the end, and subsection (7).
		In section 29, in subsection (1), the words from “ exercisable ” to “ by him ”, and subsection (2).
		In section 31(2), the words from “ and where ” onwards.
		In section 37(5), the words “ in the prescribed manner ”, and the words from “ and in this ” onwards.
		In section 44, in subsection (2), in the proviso, the words from “ but shall not ” onwards, and in subsection (3)(c) the words “ with the consent of the appropriate Minister ”.
		In section 69(3), the words from “ but where ” to the end.
		Section 76(3).
		Section 105.
1967 c. 77.	The Police (Scotland) Act 1967.	Section 4(3).
		In section 15 in subsection (3), the words “ the magistrates of any burgh comprising any part of the area ”, and in subsection (5) the words “ to the magistrates of any burgh, or ” and the words “ respectively, of the burgh or ”.
		In section 17(3), paragraph (a) and, in paragraph (b), the words from the beginning to “ burgh ”.
		In section 19, in subsection (2), paragraph (e).
		In section 51, in subsection (1), the definition of “ burgh ”, and subsection (2).
		Schedule 1.
1967 c. 78.	The Water (Scotland) Act 1967.	Sections 1 and 2.
		In section 5, subsection (1)(a), in subsection (1)(c) the words “ any region, or ” and subsection (3) so far as relating to new regional water boards.
		Section 8.
		. . . F141
		. . . F141
		Part III.
		Section 28.
		Section 29 so far as relating to regional water boards.
		In section 33, in subsection (4), the words “ all local authorities whose districts are affected by the order and ” and paragraph (a).
		In section 34(1), the definitions of “ constituent council ”, “ local authority ”, “ region ” and “ regional water board ”, in the definition of “ first appointed day ”, the words “ 1(4)(a) or ” and, in the definition of “ second appointed day ”, the words “ 1(4)(b) or ”.
		In Schedule 1, Part I.
		In Schedule 2, paragraph 13.
		Schedule 4 so far as relating to regional water boards, and the following provisions of that Schedule so far as relating to water development boards—
		paragraph 5(2) and (3), in paragraph 10, the word “ triennial ”, in paragraph 18, the word “ county ”, wherever it occurs, and paragraph 25.
1967 c. 86.	The Countryside (Scotland) Act 1967.	In section 2, in subsection (1), the words from “ or, before ” onwards, in subsection (2), in paragraph (b), the words “ burghs or other ” and paragraph (d), and subsection (8).
		In section 41(1)(b), the words “ with the approval of the Secretary of State ”.
		In section 49, subsections (6) and (7).
		In section 78(1), the definition of “ district council ”.
1968 c. 16.	The New Towns (Scotland) Act 1968.	Section 33.
		In section 34, in subsection (1), the words “ or, as the case may be, regional water board ”, where twice occurring, in subsection (2), the words “ or as the case may be, regional water board ”, where twice occurring, and the words “ or board ”, and, in subsection (3), the words “ or regional water board ”, where twice occurring.
		In section 41(2), the words from “ so far ” to “ a county ”.
		In section 47, in subsection (1), the definition of “ regional water board ”, in subsection (6), the words “ or regional water board ”, and subsection (7).
1968 c. 27.	The Firearms Act 1968.	In section 46(1), the words from “ or any magistrate ” to “ Police Act ”.
1968 c. 29.	The Trade Descriptions Act 1968.	In section 26(1) the words from “ and section 37 ” to the end.
1968 c. 31.	The Housing (Financial Provisions) (Scotland) Act 1968.	In section 51, subsection (3).
1968 c. 46.	The Health Services and Public Health Act 1968.	In section 65(6), in subsection (2A), the last paragraph and, in subsection (2B), paragraph (b).
1968 c. 47.	The Sewerage (Scotland) Act 1968.	In section 3(4), the words from “ otherwise ” to “ 5 below ”.
		Section 5.
		In section 6, the words “ by virtue of an agreement under section 5 above or ”.
		Section 7(4).
		In section 10(1), the words “ and approved by the Secretary of State ”.
		In section 16(1), in paragraph (b), the words from “ whether ” where first occurring, to “ and ”, and in paragraph (c), the words from “ whether ” onwards.
		In section 18, subsections (4) to (6).
		Section 19.
		In section 59(1), the definitions of “ area ”, “ burgh rate ”, “ county rate ” and “ special district sewer rate ”.
		In Schedule 1, paragraph 1.
1968 c. 49.	The Social Work (Scotland) Act 1968.	Section 1(3) and (6).
		Section 2(3).
		In section 22, the words “ the Secretary of State or ”.
		In section 36, in subsection (1), the words “ in accordance with the provisions of this section ”, and subsections (3) and (7).
		In Schedule 3, in paragraph 3, the words after “ Secretary of State ”.
1968 c. 54.	The Theatres Act 1968.	In section 15(1), the words from “ and in relation ” onwards.
1968 c. 65.	The Gaming Act 1968.	In Schedule 9, paragraph 2.
		In Schedule 11, Part II.
1968 c. 73.	The Transport Act 1968.	In section 9(2), sub-paragraph (i).
		In section 10(1)(xvi), the words “ and the consent of the Minister ”.
		Section 11(4).
		Section 11(5).
		In section 12(4), the words “ with the consent of the Minister ”.
		In section 14(3), the words “ and to each of the councils of constituent areas ”.
		In section 16, in subsection (2), the words from “ and (d) ” onwards, and subsections (3), (4) and (5).
		In section 18, in subsection (1), the words “ to the Minister and ”, and in subsection (2), the words “ to the Minister and ”.
		Section 21(5)(a).
		In section 36, in subsection (2), the words “ subject to subsection (3) of this section ” and subsections (3) to (8).
		In section 37, in subsection (1), the words from “ with the consent ” to “ State ”, and subsection (2).
		Section 58.
		In section 123, the words from “ and ” at the end of subsection (1)(a) to the end of the section.
		Section 138(7), (8) and (9)(a).
		Section 151.
		In Schedule 5, Part I, and, in Part III, paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17, in paragraphs 6, 7 and 9, the words “ the Authority and ” and “ respectively ” in each place where they occur, in paragraph 8, the words “ the Authority or ” and “ the Chairman of the Authority or, as the case may be ”, in paragraph 11, the words “ the Authority or ” in sub-paragraph (a) and “ the Authority ” in sub-paragraph (b), and, in paragraph 13, the words “ the Authority or ”, in both places where they occur, and “ the Authority ”, where those words last occur.
		In Schedule 16, paragraph 8(1)(d)(ii).
1969 c. 13.	The Licensing (Scotland) Act 1969.	The whole Act.
1969 c. 15.	The Representation of the People Act 1969.	Section 6(1).
		In section 11(3), the words “ or, in Scotland, an electoral division ”.
		Section 12(2).
		Section 13(4).
		In section 13(5), the words “ and rule 18 of those in Schedule 3 ”.
		In section 14 the words “ and the local elections rules ”.
		Section 15.
		Section 19(2) and (4).
		In Schedule 1, in Part I the words from “ In Schedule 3 (Scottish local elections rules) ” onwards.
		In Schedule 1, in Part II, paragraph 1(1); paragraph 3; in paragraph 4, the words “ and rule 13 of the Scottish rules ”; paragraph 6(2); paragraph 7; in paragraph 9, the words “ and in rule 37(1) of the Scottish rules ”; in paragraph 10(1), the words “ and in rule 37(3) of the Scottish rules ”; in paragraph 12(1) the proviso; and paragraph 13(3) and (5).
		In Schedule 2, in paragraph 23, sub-paragraph (2); in paragraph 25, sub-paragraph (1), and in sub-paragraph (2) the words “ and rule 24 of the local elections rules in Schedule 3 ”; in paragraph 26, sub-paragraph (3); in paragraph 27, the words “ and in rule 26 of the local elections rules in Schedule 3 ”; in paragraph 28, the words “ and in rule 33(3)(b) of the local elections rules in Schedule 3 ”; in paragraph 29, subparagraph (2); in paragraph 30, the words “ and rule 41(4) of the local elections rules in Schedule 3 ”; in paragraph 32, the words from “ and a Note ” onwards; in paragraph 33, the words from “ and a note ” onwards; paragraphs 34, 35 and 36; and in paragraph 37, the words “ and in that to Schedule 3 ”.
1969 c. 19.	The Decimal Currency Act 1969.	In Schedule 2, paragraph 10.
1969 c. 41.	The National Mod (Scotland) Act 1969.	The whole Act.
1969 c. 49.	The Education (Scotland) Act 1969.	In section 2(1), the words “ (other than the town council of a burgh being a county of a city) ”.
		In Schedule 4, in paragraph 7(2), the proviso.
1969 c. xxiv.	The Tweed Fisheries Act 1969.	Section 3.
		In section 5(2) the words from “ but ” onwards.
1970 c. 9.	The Taxes Management Act 1970.	In section 5(2), the words from “ in the county ” onwards.
1970 c. 20.	The Roads (Scotland) Act 1970.	In section 4(1)(d), the words “ in special scavenging districts ”.
		In section 28(3), the definition of “ local authority ”.
1970 c. 39.	The Local Authorities (Goods and Services) Act 1970.	In section 2(2), the words from “ and, in relation ” onwards.
1970 c. 40.	The Agriculture Act 1970.	Section 93.
		In section 97(1), the words from “ at any time ” to “ 1969 ”.
1971 c. 7.	The Local Authorities (Qualification of Members) Act 1971.	The whole Act.
1971 c. 28.	The Rent (Scotland) Act 1971.	In sections 36(1) and 47(1), the definition of “ rates ”.
		In section 37, in subsection (2), the words from “ and for the purposes ” to the end, and subsection (6).
		In section 69, in subsection (l), the definition of “ local authority ”, and, in subsection (4), the words from “ In this ” onwards.
		In section 82, the definition of “ local authority ”.
		In section 85(1), the words from “ and which is situated ” to the end.
		Section 97(1).
		Section 106(9).
		Section 125(4).
		In Schedule 8, paragraph 1(6)(c) and, in paragraph 1(8)(b) the words from “ other than ” to “ 1920 ”.
1971 c. 40.	The Fire Precautions Act 1971.	In section 17, in subsection (1), in paragraph (ii), the words “ section 1 of ”, and in subsection (2) the words “ or buildings authority ”.
1972 c. 20.	The Road Traffic Act 1972.	In section 43(3), the words “ or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947 ”.
		Section 197.
1972 c. 52.	The Town and Country Planning (Scotland) Act 1972.	Sections 1, 2 and 3.
		In section 9, subsections (1) and (2).
		In section 10(2), the words from “ (but not ” to “ local plan) ”
		In section 13(3), the words from “ but as if ” to the end.
		In section 25(1), the word “ either ” and the words from first “ or ” onwards.
		In section 28 subsections (2) and (3).
		In section 43, in subsection (1), the words from “ and (b) ” onwards, and in subsection (3), the words from “ and the notice ” onwards.
		In section 63(1), the words from “ then ” to “ State ”.
		In section 84(1), the words from “ to any ” to “ State and ”.
		In section 96(1), the words from “ may give ” to “ notice, or ”.
		In section 107(3), the words “ application for ”.
		In section 109(1), the words “ with the consent of the Secretary of State ”.
		In section 111(1), the words “ and confirmed by the Secretary of State ”.
		In section 112, subsections (2) and (3).
		In section 113, subsection (2), in subsection (3), the words from “ except ” to “ State ”, and, in subsection (6), the words from “ and on the ” to “ under this section ”.
		In section 114, subsections (3) and (4).
		In section 115, in subsection (1), the words from “ and the Secretary ” onwards, and subsection (2).
		In section 118, in subsection (1), the proviso, subsection (2) and, in subsection (3), the words from the beginning to “ regulations ”.
		In section 153(1), the words from “ (other ” to “ State) ”.
		In section 204(7), the words from “ and ” onwards.
		Section 242(3).
		In section 260, in subsection (1) the words from “ may give ” to “ confirmation or ”, in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ”, and the words from “ may give ” to “ notice or ”, and in subsection (6), the words “ council or ”.
		Section 261.
		. . . F142
		In section 275(1), the definitions of “ joint planning committee ”, “ large burgh ” and “ small burgh ”.
		Schedules 1 and 2.
		In Schedule 10, paragraph 3 and in paragraph 10, the words from “ may give ” to “ confirmation, or ”.
		In Schedule 22, paragraph 69.
1972 c. 58.	The National Health Service (Scotland) Act 1972.	In Schedule 6, paragraph 132.
1973 c. 28.	The Rate Rebate Act 1973.	The whole Act.

Textual Amendments

F140 Entries repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F141 Entry repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F142 Entry repealed by Town and Country Amenities Act 1974 (c. 32), Sch.