Chwilio Deddfwriaeth

Local Government (Scotland) Act 1973

Status:

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

SCHEDULES

Section 1.

SCHEDULE 1New Local Government Areas

PART 1

RegionArea by reference to existing administrative areas
HighlandThe 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).
GrampianThe 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).
TaysideThe 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).
FifeThe county of Fife.
LothianThe county of the city of Edinburgh.
The county of East Lothian.
The county of Midlothian (except the electoral division of Heriot and Stow).
The county of West Lothian (except the burgh of Bo'ness; the district of Bo'ness).
BordersThe 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.
CentralThe 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.
StrathclydeThe 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 GallowayThe county of Dumfries.
The county of Kirkcudbright.
The county of Wigtown.

PART II

Islands AreasArea by reference to existing administrative areas
OrkneyThe county of Orkney.
ShetlandThe county of Zetland.
Western IslesIn 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

Name of RegionDistrictArea of district by reference to existing administrative areas
HighlandCaithnessThe county of Caithness.
In the county of Sutherland—the district of Tongue and Farr.
SutherlandThe county of Sutherland (except the district of Tongue and Farr).
In the county of Ross and Cromarty—the electoral division of Kincardine.
Ross and CromartyIn the county of Ross and Cromarty—the burghs of Cromarty, Dingwall, Fortrose, Invergordon, Tain; the districts of Avoch, Dingwall, Fearn, Fort-rose, Gairloch, Invergordon, Loch-broom, Lochcarron, Muir of Ord; the electoral division of Edderton and Tain.
Skye and LochalshIn the county of Inverness—the district of Skye.
In the county of Ross and Cromarty—the South West district.
LochaberIn 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.
InvernessIn the county of Inverness—the burgh of Inverness; the districts of Aird, Inverness.
Badenoch and StrathspeyIn 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.
NairnThe county of Nairn.
GrampianMorayThe 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 BuchanIn 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.
GordonIn the county of Aberdeen—the burghs of Ellon, Huntly, Inverurie, Kintore, Oldmeldrum; the districts of Aberdeen (except the electoral divisions of Bucks-burn, Newhills Landward, Old Machar, Stoneywood and the parishes of Drum-oak, Dyce, Peterculter), Alford, Ellon (except the electoral division of Cruden), Garioch, Huntly.
City of AberdeenThe 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 DeesideIn 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.
TaysideAngusIn 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 DundeeThe 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 KinrossThe county of Kinross.
In the county of Angus—the parish of Kettins.
In the county of Perth—the burghs of Aberfeldy, Abernethy, Alyth, Auchter-arder, Blairgowrie and Rattray, Coupar Angus, Crieff, Perth, Pitlochry; the districts Central (except the parish of Muckhart), Eastern, Highland, Perth (except the electoral division of Long-f organ); the electoral division of Ardoch.
FifeKirkcaldyIn 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 FifeIn the county of Fife—the burghs of Auchtermuchty, Crail, Cupar, Elie and Earlsferry, Falkland, Kilrenny, An-struther, Easter and Wester, Ladybank, Newburgh, Newport-on-Tay, Pitten-weem, St. Andrews, St. Monance, Tayport; the districts of Cupar, St. Andrews.
DunfermlineIn 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 Auchter-tool within the Gray Park polling district.
LothianWest LothianIn 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, Winch-burgh East and Winchburgh West.
In the county of Midlothian—the districts of East Calder, West Calder.
City of EdinburghThe 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.
MidlothianIn 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 LothianThe county of East Lothian.
In the county of Midlothian—the burgh of Musselburgh; the parish of Inveresk.
CentralClackmannanThe county of Clackmannan.
In the county of Perth—the parish of Muckhart.
StirlingIn 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.
FalkirkIn 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.
BordersTweeddaleThe county of Peebles.
Ettrick and LauderdaleThe 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 division 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).
RoxburghIn 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.
BerwickshireIn 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.
StrathclydeArgyllIn the county of Argyll—the burghs of Campbeltown, Dunoon, Inveraray, 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.
DumbartonIn 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 GlasgowThe county of the city of Glasgow.
In the county of Lanark—the burgh of Rutherglen; in the Eighth district, the electoral divisions of Bankhead, Cam-buslang 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 Car-myle, Springboig.
ClydebankIn 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 MilngavieIn 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 KirkintillochIn 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.
CumbernauldIn 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).
MonklandsIn the county of Lanark—the burghs of Airdrie, Coatbridge; the Ninth district (except the electoral divisions of Baillieston, Chryston, Garrowhill, Mount Vernon and Carmyle, Spring-boig, Stepps); in the Seventh district, the electoral division of Shottskirk.
MotherwellIn 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).
HamiltonIn 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 Blan-tyre, Stonefield, and that part of High Blantyre electoral division lying outwith the designated area of East Kilbride New Town.
East KilbrideIn 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.
EastwoodIn the county of Renfrew—the First district.
LanarkIn the county of Lanark—the burghs of Biggar, Lanark; the First, Second, Third districts.
RenfrewIn the county of Renfrew—the burghs of Barrhead, Johnstone, Paisley, Renfrew; the Second, Third, Fourth districts.
InverclydeIn the county of Renfrew—the burghs of Gourock, Greenock, Port Glasgow; the Fifth district.
CunninghameIn 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, Cum-brae.
Kilmarnock and LoudounIn 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 CarrickIn 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 ValleyIn 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 GallowayMerrickThe county of Wigtown.
In the county of Kirkcudbright—the Western district (except the electoral division of Anwoth and Girthon).
StewartryIn 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.
NithsdaleIn 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 EskdaleIn the county of Dumfries—the burghs of Annan, Langholm, Lockerbie, Loch-maben, Moffat; the districts of Annan, Gretna, Langholm, Lockerbie, Moffat; the parishes of Dalton, Lochmaben.

PART IV

Provisions as to boundaries

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

2Any such boundary denned on the map annexed to any order under Part VI of the [1947 c. 43.] 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.

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

Section 11.

SCHEDULE 2Establishment of New Local Authorities

First elections of councillors

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)In relation to any such election, the power to constitute polling districts under section 22 of the Act of 1949 shall be exercisable—

(a)in the case of an islands area, by the returning officer for that area appointed under this paragraph;

(b)in the case of a district and of that part of a region which constitutes that district, by the returning officer for the district appointed under this paragraph ; and the same polling districts, so constituted, shall be used for the first elections of councillors for the council of the district and of the region which includes the district.

(5)In relation to any such election " the appropriate officer " in Parts II and III of the Act of 1949 means the returning officer appointed under this paragraph instead of having the meaning assigned to that expression by section 55(6)(b) of that Act.

Qualification for membership

3For 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

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

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.

Section 11.

SCHEDULE 3Amendment and Modification of Election Law

[1949 c. 66.] House of Commons (Redistribution of Seats) Act 1949

1In Schedule 2 (Rules for redistribution of seats), for paragraph 4(1)(b) there shall be substituted the following—

(b)in Scotland, regard shall be had to the boundaries of local authority areas ;;

and in paragraph 4(2), before the definition of " county ", there shall be inserted the following—

  • " area " and " local authority " have the same meanings as in the Local Government (Scotland) Act 1973..

[1949 c. 68.] Representation of the People Act 1949

2For section 6(3) (electoral registration officers in Scotland) there shall be substituted the following subsection:—

(3)In Scotland, the council of every region and islands area shall appoint an officer of the council for their area or for any adjoining region or islands area, or an officer appointed by any combination of such councils, to be registration officer for any constituency or part of a constituency which is situated within that region or islands area.

3(1)In section 11 (polling districts and polling places), in subsection (2)(b), the words " or, in Scotland, each electoral division " shall cease to have effect, and after subsection (2)(b) there shall be added the following paragraph—

(bb)In Scotland, each electoral area established for the purpose of local government elections which is within the constituency, and that part within the constituency of any such area which is partly within the constituency and partly within another constituency, shall, in the absence of special circumstances, be a separate polling district or districts ; "

(2)In subsection (4) of section 11, in the definition of "interested authority ", for the words " any county, town or district council " there shall be substituted the words "the council of any region, islands area or district ".

4In section 22 (polling districts and polling stations at local government elections), after subsection (1) there shall be inserted the following subsection—

(1A)In Scotland, for elections of regional or islands councillors the regional or islands council may divide an electoral division into polling districts and may alter any polling district, and for elections of district councillors the district council may divide a ward into polling districts and may alter any polling district; but in the absence of special circumstances the said polling districts shall be those which were last designated for the purpose of parliamentary elections under section 11 of this Act.

5In section 40(2) (person responsible for making out corrupt and illegal practices list), the words from " in England" to " in Scotland " shall cease to have effect.

6(1)In section 41(2) (deputy registration officers), the words " Except in Scotland " shall cease to have effect, and after the words " Secretary of State " there shall be inserted the words " or in Scotland by the council which appointed the registration officer ".

(2)In section 41, after subsection (5) there shall be inserted the following subsection:—

(5A)In Scotland, the council of a region or islands area may assign officers to assist the registration officer in carrying out any of his duties in relation to the registration of electors upon such terms as may be agreed between the council and the person carrying out the duties.

7In section 43 (payment of expenses of registration) in subsection (1) the words from " and there shall be paid" onwards, and subsection (8) shall cease to have effect.

8In section 52(2) (offences in connection with nomination papers) in paragraph (a) the words "or, in the case of an election of town councillors, to the town clerk " shall cease to have effect, and in paragraph (b) for the words from "proposer" to "therein" there shall be substituted the words " in any other capacity certifies the truth of any statement contained therein, knowing such statement ".

9In section 55(6) (meaning of " appropriate officer " in Part II), in paragraph (b) the words " in England and Wales " and paragraph (c) shall cease to have effect.

10In section 83(1)(b) (use of schools and rooms for local election meetings) for the words " a district council" there shall be substituted the words " the council of an islands area or district " , and in section 83(4) the word " district" shall cease to have effect.

11In section 86(4) (officials not to act for candidates) the words "town clerk or town clerk depute" (where they first occur) shall cease to have effect, and for the words from " county " onwards there shall be substituted the words " sheriff court district for which he is sheriff clerk ".

12In section 113(3) (person to whom petition questioning local election is presented), for paragraph (b) there shall be substituted the following paragraph—

(b)in Scotland, to the sheriff principal of the sheriffdom in which the election took place or, where the election was in respect of a local authority whose area is situated within more than one sheriffdom, to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

13In section 117 (constitution of election court, etc.):—

(a)in subsection (1), for the words after " tried " there shall be substituted the following words—

(a)by the sheriff principal of the sheriffdom within which the challenged election took place ; or

(b)where the election was in respect of a local authority whose area is situated within more than one sheriffdom, by the sheriffs principal of the sheriffdoms in which the area of the authority is situated ; and where in such a case the sheriffs principal are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.;

(b)in subsection (2), for the words " by the court" there shall be substituted the words " (unless imposed or made by the Court of Session in consequence of a case stated under subsection (1) above) ";

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

(3)The place of trial shall be such place within the sheriffdom or sheriffdoms in which the area of the local authority is situated as the election court may determine.;

(d)in subsection (4), for the word " sheriffdom " there shall be substituted the words " said sheriffdom or sheriffdoms ".

14In section 139(3) (incapacity of candidate guilty of corrupt or illegal practice) for the words " a county, town or district council" there shall be substituted the words " any local authority ".

15In section 166 (local elections in Scotland excluded from Parts II and III of Act), for the word " 1947 " there shall be substituted the word " 1973 ".

16In section 173 (general application to Scotland):—

(a)in subsection (2), the words from the beginning to " town councillor, and " shall cease to have effect;

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

(c)in subsection (8), the definitions of " assessor ", " burgh ", " large burgh " and " small burgh ", and " elected district councillor " shall cease to have effect; in the definition of "electoral area" for the words "burgh, ward or other area " there shall be substituted the words " or ward "; in the definition of " local elections rules" for the words "local elections rules in the Third Schedule to this Act" there shall be substituted the words " rules made under section 7 of the Local Government (Scotland) Act 1973 " ; in the definition of " local government Act" for the word " 1947 " there shall be substituted the word " 1973 " ; and in the definition of " local government area " for the words " county, burgh" there shall be substituted the words " region, islands area ".

17In Schedule 2, in rule 11 of the Parliamentary Elections Rules (place for delivery of nomination papers), at the beginning of sub-paragraph (2) there shall be inserted the words " Except in Scotland, " and at the end there shall be added the following sub-paragraph :—

(3)In Scotland the place shall be in—

(a)the constituency, or

(b)the district or (if more than one) any of the districts in which the constituency is situated, or

(c)any district adjoining the district or districts (as the case may be) in which the constituency is situated.

18In Schedule 7, in paragraph 6(b) (duty to keep lists of meeting rooms, etc.) for the words from " town clerk " to " burgh or county " there shall be substituted the words " proper officer of the council of every islands area and district to prepare and keep for each constituency wholly situated in the area of the council ".

[1958 c. 26.] House of Commons (Redistribution of Seats) Act 1958

19In section 4(4) (objections by interested persons to Boundary Commission recommendations) for the words from " for the reference " onwards there shall be substituted the words " local authority means the council of a region, islands area or district. "

[1969 c. 15.] Representation of the People Act 1969

20In section 11 (election agents and polling agents), in subsection (3), at the beginning, there shall be inserted the words " Except in Scotland, " and the words " or, in Scotland, an electoral division" shall cease to have effect, and after subsection (3) there shall be inserted the following subsection—

(3A)In Scotland, the office of the election agent for a parliamentary election shall be within the constituency or an adjoining constituency or in a district which is partly comprised in or adjoins the constituency, and that of a sub-agent shall be in the area within which he is appointed to act; and the office of an election agent for a local government election shall be within the local government area, or in the constituency or one of the constituencies in which the area is comprised, or in a district which adjoins the area.

21(1)In section 13(1) (countermand or abandonment of poll on death of candidate), in paragraph (b), after the date " 1949 " there shall be inserted the words " or, in Scotland, of section 9 of the Local Government (Scotland) Act 1973, ".

(2)In section 13(3) (application of Schedules 2 and 3 to the Act of 1949 to documents relating to an abandoned poll), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; section 13(4) shall cease to have effect; and in section 13(5) the words " and rule 18 of those in Schedule 3 " shall cease to have effect.

22In section 14 (miscellaneous amendments of elections rules), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; and the words " and the local elections rules " shall cease to have effect.

23In Schedule 2 (consequential, etc. amendments of Act of 1949), in paragraph 25, sub-paragraph (1) shall cease to have effect, in sub-paragraph (2) the words "and rule 24 of the local elections rules in Schedule 3 " shall cease to have effect, and in head (b) for the words " each of those rules " there shall be substituted the words " that rule ".

Section 12.

SCHEDULE 4Constitution 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.

(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 the Minister for the Civil Service.

(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 the Minister for the Civil Service, 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 the Minister for the Civil Service, require the Commission to pay to that person a sum of such amount as the Secretary of State may, with the consent aforesaid, determine.

3Schedule 1 to the [1957 c. 20.] House of Commons Disqualification Act 1957 (offices disqualifying for membership) shall have effect, in its application to the House of Commons of the Parliament of the United Kingdom—

(a)as if in Part II, in the appropriate place in alphabetical order, there were inserted the entry—

  • The Local Government Boundary Commission for Scotland; and

(b)as if in Part III, in the appropriate place in alphabetical order, there were inserted the following entry—

  • Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973.

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.

(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 the Minister for the Civil Service.

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

6All 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.

7Subject 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

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 the Minister for the Civil Service, 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 the Minister for the Civil Service.

(4)The Commission may, with the approval of the Secretary of State and of the Minister for the Civil Service, 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.

9The 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

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.

(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 5Initial Review of Local Government Areas and Electoral Arrangements

1As 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.

2The 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 6Rules 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.

2The 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 43.

SCHEDULE 7Meetings and Proceedings of Local Authorities

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, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

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

(2)If the chairman is absent from a meeting of the council, another member of the council chosen by the members of the council present shall preside.

4(1)Subject to sub-paragraph (2) 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, 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 to any particular office or committee, in which case the decision shall be by lot.

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

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.

(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.

8Subject 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.

9The 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.

10(1)Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to a committee of a council (including a joint committee) or a sub-committee of any such committee as they apply in relation to a council.

(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 present at the meeting shall be deemed to have been duly qualified.

Section 97.

SCHEDULE 8Provisions as to the Commission for Local Authority Accounts in Scotland

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

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

(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.

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.

7The 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 tide 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.

SCHEDULE 9Amendments with Respect to Finance

The [1947 c. 43.] Local Government (Scotland) Act 1947

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

2In 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.

3In section 221, the words " corresponding to or as nearly as may be to the year " shall cease to have effect.

4In section 223, the proviso shall cease to have effect.

5In section 229—

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

(b)in subsection (3), the words "or of the provisions of any local Act" and the words from " and the provisions " to the end shall cease to have effect.

6In 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.

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

8In section 234, the words from " made up under" to the end shall cease to have effect.

9In 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 111 of the Local Government (Scotland) Act 1973.

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

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

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

13In section 258, in subsection (1)—

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

(d)in the case of a local authority being the council of a region, for the purpose of lending to the council of any district which falls within that region any money which that district council are authorised to borrow ;;

(b)paragraph (e) shall cease to have effect;

(c)in paragraph (g), the words from the beginning to "town council" shall cease to have effect;

(d)after paragraph (g) there shall be inserted the following paragraphs:—

(ga)for the purpose of lending to any community council established for their area or any part thereof under Part IV of the Local Government (Scotland) Act 1973 ;

(gb)for the purpose of lending to any harbour authority within the meaning of section 57(1) of the [1964 c. 40.] Harbours Act 1964 for a harbour situated wholly or partly within their area any money which the harbour authority are authorised to borrow ; and.

14In section 258, in subsection (2), for the words " in respect of sums requisitioned from that authority by another authority " there shall be substituted the words " to another authority on account of rates ".

15In section 258, in subsection (3), for the words " the Minister concerned is" there shall be substituted the words " they are " ; and the words from " and gives" to the end shall cease to have effect.

16In 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.

17In 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.

18In 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 [1925 c. 15.] Housing (Scotland) Act 1925 " there shall be substituted the words " section 165 of, or Schedule 7 to, the [1966 c. 49.] Housing (Scotland) Act 1966 ".

19In 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.

20In 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 ".

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

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

23In 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.

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

25In 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.

26In 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.

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

28In 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 ".

29In 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.

30In 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 ".

31In 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.

32In 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 ".

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

34In 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 ".

35In 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.

36In 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 [1948 c. 26.] Local Government Act 1948

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

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

39In 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 [1952 c. 47.] Rating and Valuation (Scotland) Act 1952

40In 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 ".

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

42In 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 ".

43For 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 [1956 c. 60.] Valuation and Rating (Scotland) Act 1956

44In 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.

45In section 5, in subsection (1), paragraph (i) and, in paragraph (j), the words from " or in any burgh " to " that burgh " shall cease to have effect.

46In section 9, in subsection (5), for the words from the beginning to " said copies " there shall be substituted the words " Every valuation authority shall, when the valuation roll for any year of revaluation has been made up, cause copies of the said roll " ; and for the words " copies of the roll are received by them " there shall be substituted the words " the roll was so made up ".

47In 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.

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

49In 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 ".

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

51In 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 [1958 c. 64.] Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958

52Section 8 shall cease to have effect.

The [1963 c. 12.] Local Government (Financial Provisions) (Scotland) Act 1963

53In 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.

54In 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 " ; for the words " burgh or landward area " there shall be substituted the words " district or islands area "; and for the words "landward areas and all the burghs" there shall be substituted the words " districts and all the islands areas ";

(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.

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

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

57In 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 [1966 c. 51.] Local Government (Scotland) Act 1966.

58In 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 [1964 c. 67.] Local Government (Development and Finance) (Scotland) Act 1964

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

60In section 9—

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

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

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

The [1966 c. 9.] Rating Act 1966

62In 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.

63In 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.

The [1966 c. 20.] Ministry of Social Security Act 1966

64In section 16, in subsection (2), for the words " section 5 of the [1966 c. 9.] Rating Act 1966 " 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) " ; and for the word " afforded ", wherever it occurs, there shall be substituted the word " granted ".

The [1966 c. 51.] Local Government (Scotland) Act 1966

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

66In 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 ".

67In 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.

68In 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 ".

69In 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 ".

70In 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:—

5For 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.

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

72In 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.

The [1969 c. 34.] Housing (Scotland) Act 1969

73In Schedule 2, in paragraph 2, for the words " as may be prescribed " there shall be substituted the words " , not exceeding such sum as may be prescribed, as the local authority may determine ".

The [1969 c. 48.] Post Office Act 1969

74In 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 [1966 c. 51.] Local Government (Scotland) Act 1966 have the same meanings in this section as in that Act.

Sections 124, 125 and 127.

SCHEDULE 10Arrangements by Education Authorities for Discharge of their Functions

1Subject 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 subcommittee of that committee, a school or college council, an officer of the authority or by any other education authority in Scotland.

2Where 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, a school or college council or an officer of the authority.

3Where 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.

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

5An 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.

6No 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.

7For 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.

8For 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.

9Subject 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.

10A 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.

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

12Every 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 129.

SCHEDULE 11Amendments of the [1962 c. 47.] Education (Scotland) Act 1962

1In section 6(3) (co-operation with local authorities in social activities, physical education, etc.), for the words " county, town " there shall be substituted the words " regional, islands ".

2In section 13 (provision of hostels), the words from "and shall " onwards shall cease to have effect.

3In section 18(5) (improvements as to premises, etc.), for the words " county or town" there shall be substituted the words " regional or islands ".

4In section 20 (acquisition of land and execution of works), in subsection (1A), paragraph (a) shall cease to have effect, in paragraph (b) for the words " any such use as aforesaid " there shall be substituted the words " use as the site of an educational establishment, or of playing fields to be used in connection with such an establishment, or of an extension to any such establishment or playing fields (whether contiguous to the establishment or playing fields or detached therefrom)", and the words " acquisition or" shall cease to have effect.

5Section 23 (co-operation in the performance of functions) shall cease to have effect.

6In section 25 (power of education authorities to make payments to persons providing education, etc.), in subsection (1)(c), the words "with the approval of the Secretary of State" shall cease to have effect, and subsection (2) shall cease to have effect.

7In section 71 (power to enforce duty, etc.), after the word " Act" there shall be added the words " or of any other enactment relating to education ".

8In section 85 (dismissal of teachers), in subsection (2), for the words " a county or town council delegate to their education committee " there shall be substituted the words " an education authority arrange for the exercise by their education committee of " ; and in subsection (4), the words from " and for any sub-committee " to " control of the authority)" shall cease to have effect.

9In section 86 (appointment of director of education), in subsection (1), after the words " officer of the authority " there shall be inserted the words " and shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit. "; and the words from " and, on a vacancy " onwards and subsection (2) shall cease to have effect.

10Sections 88, 89, 90 and 91 shall cease to have effect.

11In section 125 (procedure on re-organisation of educational endowments), in subsection (6), in paragraph (b), for the words " town council of any burgh " there shall be substituted the words " council of any district ", and, in paragraph (d), for the words " burgh or parish " there shall be substituted the word " district ".

12In section 145 (general definitions), in paragraph (16), for sub-paragraphs (a), (b) and (c) there shall be substituted the words " a regional or islands council, " ; and the following paragraph shall be inserted at the appropriate place—

(41AA)' reporter of the appropriate local authority ' means the reporter of the appropriate local authority for the purposes of the [1968 c. 49.] Social Work (Scotland) Act 1968.

Section 130.

SCHEDULE 12Amendment of Enactments Relating to Housing

The [1899 c. 44.] Small Dwellings Acquisition Act 1899

1In section 12(1) (local authorities in Scotland), for sub-paragraph (a) there shall be substituted the following words :—

a regional, islands or district council.

The [1914 c. 31.] Housing Act 1914

2In section 3(2) (application to Scotland), for the words from " burgh " to the end there shall be substituted the words " the words ' islands area or district' shall be substituted for the words ' district or London borough' in section 1(2) of this Act in each place where the words occur. "

The [1957 c. 38.] Housing and Town Development (Scotland) Act 1957

3In 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 [1947 c. 43.] Local Government (Scotland) Act 1947 " there shall be substituted the words " 210 of the Local Government (Scotland) Act 1973 ".

The [1964 c. 56.] Housing Act 1964

4In section 12(1) (interpretation of Part I), in the definition of " local authority ", for the words " a local authority for the purposes of the Act of 1950 " there shall be substituted the words " an islands or district council ".

5In section 101(1) (power to counties and large burghs in Scotland to contribute towards expense of housing elderly, infirm or handicapped persons), for the words from the beginning to " burgh " there shall be substituted the words " A regional or islands council ".

The [1966 c. 49.] Housing (Scotland) Act 1966

6For section 1 (local authorities for purposes of this Act), there shall be substituted the following section—

1Local authorities for purposes of this Act.

Subject to sections 152 and 153 of this Act and section 130 of the Local Government (Scotland) Act 1973, for the purposes of this Act the local authority shall be an islands council or a district council, and the district of the local authority shall be the islands area or the district, as the case may be.

7Section 98 (duty of medical officers to furnish particulars of overcrowding) shall cease to have effect.

8In section 107 (power to require provision of means of escape from fire), in subsection (2) the words from " who are not" to " another fire authority " shall cease to have effect.

9In section 147 (execution of works by local authority in connection with housing operations outside their district), the words "subject to the approval of the Secretary of State" shall cease to have effect.

10In section 152 (power of local authority to promote and assist housing associations), at the end there shall be added the following subsection—

(3)In this section any reference to a local authority shall include a reference to a regional council.

11In section 153 (power of local authority to make arrangements with housing association for provision of housing accommodation)—

(a)in subsection (1), after the words "local authority" there shall be inserted the words " or a regional council " and for the words " the authority" there shall be substituted the words " the islands or district council in whose area the accommodation is to be provided ";

(b)in subsection (2), after the words " local authority " there shall be inserted the words " or regional council " and for the words " of their district in relation to housing " there shall be substituted the words " in relation to housing of the islands area or district where the accommodation is to be provided ".

12Section 173 (power of Secretary of State to revoke unreasonably restrictive byelaws) shall cease to have effect.

13Section 174 (relaxation of building regulations, etc., in connection with housing operations) shall cease to have effect.

14In section 184 (penalty for obstructing execution of Act), the words " the sanitary inspector or " shall cease to have effect.

15In section 185(1)(b), the words " the sanitary inspector or " and the words " of such officer or " shall cease to have effect.

16In section 193 (power of Secretary of State in event of failure of local authority to exercise power), in subsection (1)(a), in head (i), the word " or " occurring at the end and head (ii) shall cease to have effect.

17In section 195 (default powers of Secretary of State in relation to rents)—

(a)in subsections (1), (2) and (4), for the words " 356 of the [1947 c. 43.] Local Government (Scotland) Act 1947" and the words " said section 356", wherever they occur, there shall be substituted respectively the words " 211 of the Local Government (Scotland) Act 1973 "and the words " said section 211 " ;

(b)in subsection (7), for the words " 372 of the Local Government (Scotland) Act 1947" there shall be substituted the words " 232 of the Local Government (Scotland) Act 1973 ";

(c)in subsection (8), for the words " 356(1) of the Local Government (Scotland) Act 1947" there shall be substituted the words " 211(1) of the Local Government (Scotland) Act 1973 ".

18Section 201 (power to obtain report on area) shall cease to have effect.

19In section 208(1) (interpretation), the definitions of "burgh" and " large burgh " shall cease to have effect.

The [1967 c. 29.] Housing Subsidies Act 1967

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

The [1968 c. 31.] Housing (Financial Provisions) (Scotland) Act 1968

21In section 51 (power of local authority to assist in provision of separate service water pipes for houses), subsection (3) shall cease to have effect.

The [1969 c. 34.] Housing (Scotland) Act 1969

22In section 62 (increase of rents of houses belonging to certain authorities without notice of removal)—

(a)in subsection (5), for paragraph (d) there shall be substituted the following paragraph—

(d)a water authority or a water development board as respectively defined in section 148 of the Local Government (Scotland) Act 1973 and section 34(1) of the Water (Scotland) Act 1967;

(b)in subsection (6), for the words from " town council" to " combined county" there shall be substituted the words " regional, islands or district council ".

The [1972 c. 46.] Housing (Financial Provisions) (Scotland) Act 1972

23In section 16(4)(a) (rent allowances)

(a)for the word " 1947" there shall be substituted the word " 1973 ";

(b)for the words from " a burgh " to the end there shall be substituted the words " an islands or district council or any trust under the control of a local authority as defined in the Local Government (Scotland) Act 1973 ".

24In section 78(1) (interpretation), in the definition of "year" for the words " 174 of the [1947 c. 43.] Local Government (Scotland) Act 1947 " there shall be substituted the words " 96(5) of the Local Government (Scotland) Act 1973 ".

Section 132.

SCHEDULE 13Amendments of the [1971 c. 28.] Rent (Scotland) Act 1971

1In 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,.

2In 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.

3At 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 [1972 c. 46.] 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.

(6)The old register shall be kept by such rent officer, and made available for inspection in such place or places and in such manner as the Secretary of State may direct; and subsections (3) and (4) 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.

(7)In this section " new registration area " means a registration area established under section 37 of this Act on or after 16th May 1975..

4At the end of section 61 (register of determinations of tribunal) there shall be added the following subsection—

(4)Subsections (4), (5) and (6) of section 89 of this Act shall apply subject to any necessary modifications for the purposes of this section and this Part of this Act as they apply for the purposes of section 89 and Part VII of this Act..

5In section 66(1) (service of notices, etc.) for the reference to section 349 of the [1947 c. 43.] Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (1) to (4) and (6) of section 192 of the Local Government .(Scotland) Act 1973.

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

83Registration areas for purposes of Part VII.

(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.

7For section 84(1) (rent tribunals) there shall be substituted the following subsection—

(1)For each registration area there shall be a tribunal (in this Part of this Act referred to as a " rent tribunal " )..

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

9At 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. .

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

11In 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 [1947 c. 43.] Local Government (Scotland) Act 1947 ;.

Section 133.

SCHEDULE 14Amendment of Enactments Relating to Roads

The [1878 c. 51.] Roads and Bridges (Scotland) Act 1878

1Any reference in this Act to the county road trustees which by virtue of section 16 of the [1889 c. 50.] Local Government (Scotland) Act 1889 is construed as a reference to the county council and councillors shall be construed as a reference to the local highway authority.

2In section 3 (interpretation), at the beginning of the definitions there shall be inserted the following—

  • ' proper officer ' , in relation to an authority, has the same meaning as in section 235(3) of the Local Government (Scotland) Act 1973 ;

3For section 11 (management and maintenance of highways) there shall be substituted the following section—

11Management of highways and bridges.

In each region or islands area the management and maintenance of the highways and bridges shall be vested in and incumbent on the local highway authority.

4In section 41 (list of highways to be made up), for the word "board" there shall be substituted the words " local highway authority ".

5In section 42 (highways may cease to be such, and other roads may become highways)—

(a)for the words from the beginning to "recommending the same" there shall be substituted the words " The local highway authority may ";

(b)for the words " county road clerk " there shall be substituted the words " local highway authority ".

6For section 45 (provision for footpaths) there shall be substituted the following section—

45Provision for footpaths.

A local highway authority may make, and if made, maintain footpaths on the side or sides of any highway.

7For section 47 (local authority to have management of roads within burghs) there shall be substituted the following section—

47Local highway authority to have management of roads in former burghs.

The highways and bridges situated within any former burgh shall by virtue of this Act be transferred to and vested in the local highway authority, and such authority shall have the entire management and control of the same, and shall possess the same rights, powers, and privileges, and be subject to the same liabilities in reference to such highways and bridges (including the construction of new roads and bridges) as the local highway authority possess and are liable to in reference to roads, highways and bridges (including as aforesaid) under section 11 of this Act, including the right to any assets belonging thereto, and shall also have and may exercise with reference to the construction, maintenance, and repair of the roads, highways and bridges within such former burgh such and the like powers and authorities as they possess with reference to any streets within such former burgh.

8For section 58 (new roads and bridges may be constructed by the board, and assessed for upon proprietors) there shall be substituted the following section—

58Power to construct new roads.

The local highway authority may from time to time resolve to construct any new road or bridge that they may think requisite, or may enter into an agreement with any person or corporation (including another highway authority) for the construction of any new road or bridge, and all new roads and bridges so constructed shall be highways ; provided that where any such new bridge is not situated wholly within one region, the agreement for the construction thereof shall provide for the proportions in which the expense of the future maintenance of such bridge shall be divided between the regions in which the same is partly situated respectively ; and failing such agreement such expense shall be deemed to rest equally upon the regions within which such bridge is partly situated, as the case may be.

9In section 109 (books of former trustees to be evidence), after the word " whatsoever " there shall be inserted the words " affecting the local highway authority ".

10In section 123 (incorporation of parts of General Turnpike Act), for the words from " and in any county " to the end there shall be substituted the words " and, in any region or islands area, shall extend and apply to all the highways made or to be made within such region or area, and, except in so far as inconsistent with the provisions of any general or local Act in force therein, within any former burgh or burghs situated or partly situated within the same ; and in the construction of the aforesaid sections of the said Act, with reference to this Act, the expression ' trustees under any Turnpike Act' or words having the like import, and the expression ' Turnpike Roads' shall mean and apply to the local highway authority and the roads, highways and bridges placed under their management by this Act, as the case may require, in so far as such application shall not be excluded by the context or any of the provisions of this Act. "

11In section 124 (recovery and application of penalties), for the words " of the clerk of the trustees, or of the clerk to the burgh local authority " and " the treasurer of the trustees or of the burgh local authority " there shall be substituted the words " the proper officer of the local highway authority ".

12In Schedule (C)—

(a)in section LXXXI (penalty on taking away materials provided for repairing turnpike roads), for any reference to turnpike trustees there shall be substituted a reference to local highway authority;

(b)in section LXXXIII (power to use adjoining ground as a temporary road), for any reference to trustees there shall be substituted a reference to local highway authority ;

(c)in section XCI (restriction on the erection of houses on the sides of turnpike road), for any reference to turnpike trustees there shall be substituted a reference to local highway authority and for the word " county " and the words " any one of the turnpike trustees or their clerk " there shall be substituted respectively the words " region or islands area " and the words " the local highway authority " ;

(d)in section XCII (power to water roads), for the words " trustees of any turnpike road " and " said trustees " there shall be substituted the words " local highway authority ";

(e)in section CII (proprietors to fence pits made near the roads), for the words " trustees or procurator fiscal " and the words "any two of the trustees of such road or the procurator fiscal of the shire within which the said pit or cut is situated" there shall be substituted respectively the words " local highway authority and " the local highway authority " ;"

(f)in section CIII (no animal to be pastured on the roads)—

(i)for the words from "any trustee of such road " to " authorised by them " there shall be substituted the words " the local highway authority or their proper officer ";

(ii)for the words " surveyor or other person ", wherever they occur, there shall be substituted the words " proper officer ";

(g)in section CV (gates to open inwards)—

(i)for the words "trustees of any turnpike road " there shall be substituted the words " local highway authority ";

(ii)for the words " their surveyor " and the words " the surveyor" there shall be substituted the words " the proper officer of the local highway authority ";

(h)in section CVI (weeds to be cut by trustees)—

(i)for the words " trustees of every turnpike road " and " said trustees" there shall be substituted the words " local highway authority ";

(ii)for the words " their clerk or surveyor " there shall be substituted the words " the local highway authority ".

The [1889 c. 50.] Local Government (Scotland) Act 1889

13Section 16 (transfer of powers of county road trustees) shall cease to have effect.

14Section 41 (savings) shall cease to have effect.

The [1891 c. 32.] Roads and Streets in Police Burghs (Scotland) Act 1891

15The whole Act shall cease to have effect.

The [1892 c. 12.] Roads and Bridges (Scotland) Amendment Act 1892

16In section 4 (agreements for construction of new roads)—

(a)for the words from " road board of a county " to " adjoining county " there shall be substituted the words " local highway authority enter into an agreement with another local highway authority ";

(b)for the words " latter county" and " former county", wherever they occur, there shall be substituted respectively the words " area of the latter authority " and " area of the former authority ".

The [1893 c. 32.] Barbed Wire Act 1893

17In section 2 (interpretation) for the words from " Scotland " to " thereof" there shall be substituted the words " Scotland the expression ' local highway authority' means the regional or islands council ".

18In section 3 (removal of barbed wire where nuisance to highway)

(a)in subsection (1), for the words "the county or district of a local authority " and " such local" there shall be substituted respectively the words " a region or islands area " and " the local highway " ;

(b)in subsection (2), for the words " local authority " wherever they occur there shall be substituted the words " local highway authority ".

19In section 4 (proceedings where local authority is occupier of the land) for the words " local authority " wherever they occur, and " district of the local authority " there shall be substituted respectively the words " local highway authority " and " region or islands area ".

The [1894 c. 58.] Local Government (Scotland) Act 1894

20In section 29 (maintenance of public ways) for the words " parish council " wherever they occur and the word " parish " there shall be substituted respectively the words " local highway authority " and " region or islands area ".

The [1909 c. 47.] Development and Road Improvement Funds Act 1909

21For section 10(2) (provision as to construction of new roads by highway authorities) there shall be substituted the following subsection—

(2)The new road referred to in subsection (1) above, when constructed, shall be a main road.

22In section 16 (application to Scotland)

(a)for the words " county council or a town council " there shall be substituted the words " regional or islands council ";

(b)the words from " References to a county" to " respective powers and duties " shall cease to have effect.

The [1925 c. 68.] Roads Improvement Act 1925

23For any reference in the Act to county council or other highway authority there shall be substituted a reference to local highway authority.

24In section 6(2) (power to conduct experiments), for the words from " authority or person " to the end there shall be substituted the words " local highway authority ".

25In section 7 (joint exercise of powers), the words " between any of them respectively " shall cease to have effect.

26Section 8 (expenses) shall cease to have effect.

27In section 12 (application to Scotland)—

(a)in paragraph (b), for the words from " county council" to the end there shall be substituted the words " regional or islands council ";

(b)in paragraph (d), for the words from " county ", where it first occurs, to " burgh " there shall be substituted the words " local highway authority in any highway or in any land forming part thereof unless the local highway authority for the area ";

(c)in paragraph (e), for the words from " within a burgh " to the end there shall be substituted the words " within the area of a local authority shall not be served without the consent of such authority, and a building line affecting land within any such area shall not be prescribed by a local highway authority without the consent of the said local authority. "

The [1925 c. 82.] Roads and Streets in Police Burghs (Scotland) Act 1925

28The whole Act shall cease to have effect.

The [1929 c. 33.] Bridges Act 1929

29In section 15 (application to Scotland), in paragraph (a), for the words from " county " to " burgh " there shall be substituted the words " regional or islands council ".

The [1930 c. 43.] Road Traffic Act 1930

30In section 60 (application to Scotland)—

(a)before paragraph (c) there shall be inserted the following paragraph—

(cc)in section 54(1), for the words ' highway authority' there shall be substituted the words ' local highway authority ' ;;

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

(e)section 53 of this Act shall have effect as if—

(i)for any reference to the council of a county, county borough or urban district there were substituted a reference to a local highway authority ;

(ii)for sub-paragraphs (i) and (ii) of subsection (2)(d) there were substituted the words ' shall become vested in and maintainable by such authority as a highway ';

(iii)in subsection (3), for the words ' an official arbitrator in accordance with the provisions of the [1919 c. 57.] Acquisition of Land (Assessment of Compensation) Act 1919 ' there were substituted the words ' the Lands Tribunal for Scotland in accordance with the provisions of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 ';

(iv)for any reference to council or councils in subsections (2)(b), (3), (4), (5) and (6) there were substituted respectively references to authority or authorities.;

(c)at the end there shall be added the following paragraphs—

(f)section 55 of this Act shall have effect as if for the words from ' council of an urban' to ' vested in them' where second occurring there were substituted the words ' local highway authority';

(g)' local highway authority' means a regional or islands council.

31In 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)in subsection (4), for the words from " county " to the end there shall be substituted the words " regional or islands council ".

32In section 121(1) (interpretation), in the definition of " highway authority ", for the words from " authority " to the end there shall be substituted the words " local highway authority responsible for the maintenance of any road ".

The [1934 c. 50.] Road Traffic Act 1934

33Section 23 (power of county councils to light roads) shall cease to have effect.

The [1935 c. 47.] Restriction of Ribbon Development Act 1935

34In section 25(3) (application to Scotland), for the words " county or town" there shall be substituted the words " regional or islands ".

The [1936 c. 5.] Trunk Roads Act 1936

35In section 3(2) (general provisions as to functions with respect to trunk roads)—

(a)in paragraph (b), the words from " shall not" to " aforesaid " shall cease to have effect;

(b)in paragraph (c), the words "shall not be exercisable by a county council in any borough or urban district and " shall cease to have effect.

36In section 5 (delegation of roads functions to local authorities) in subsections (2) and (3), for the word " council ", wherever it occurs, there shall be substituted the words " local highway authority ".

37In section 6 (miscellaneous provisions as to functions in connection with trunk roads), for any reference to a county council, council, or council of any county or large burgh there shall be substituted a reference to a local highway authority.

38In section 7(5) (transfer of property and liabilities), for the word " council" there shall be substituted the words " local highway authority ".

39In section 12 (application to Scotland)—

(a)in subsection (2)(a), for the words " large burgh as defined in the [1929 c. 25.] Local Government (Scotland) Act 1929 " there shall be substituted the words " local highway authority " and in the proviso, the words " subsection (2) of section 3 and " shall cease to have effect and for the word " burgh " there shall be substituted the words " regional or district council ";

(b)in subsection (2)(b), for the words from " the maintenance " to " 1929 " there shall be substituted the words " which the local highway authority ";

(c)in subsection (2)(c), for the words " county or town council " there shall be substituted the words " local highway authority ";

(d)in subsection (5), for the words " town council" there shall be substituted the words " local authority ";

(e)in subsection (8), for any reference to a local authority there shall be substituted a reference to a local highway authority ;

(f)in subsection (9), for the words "council of the county or large burgh " there shall be substituted the words " regional council for the area " and the proviso shall cease to have effect;

(g)in subsection (10), for the substituted subsection (1) there shall be substituted the following subsection—

(1)The Minister may by agreement with the local highway authority delegate to that authority all or any of his functions (including functions under the enactments mentioned in Part I of Schedule 3 to this Act) with respect to the maintenance, repair and improvement of, and other dealing with—

(a)a trunk road within the area of the local highway authority ; or

(b)a trunk road within the area of another local highway authority if the council thereof consent.

For the purposes of this subsection any reference to a trunk road shall include a reference to land acquired by the Minister under this Act which does not form part of a trunk road.;

(h)for subsection (12) there shall be substituted the following subsection—

(12)Any power conferred by any enactment on a local highway authority to delegate functions to any other authority shall, as regards functions delegated to or vested in a local highway authority by or under this Act, be exercisable with the consent of the Secretary of State but not otherwise.

40In section 13(1) (interpretation), in the definition of "former highway authority", for the word " council", wherever it occurs, there shall be substituted the words " local highway authority ".

The [1946 c. 30.] Trunk Roads Act 1946

41In section 14 (application to Scotland)—

(a)in subsection (3) for the words " large burgh " there shall be substituted the words " region or islands area ";

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

(4)For section 2(3) there shall be substituted the following subsection—

(3)Where any such order directs that a road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the regional or islands council shall become the highway authority for the road.;

(c)in subsection (6) for the words from " county borough " to the end of the subsection there shall be substituted the words " every county " to the end of the paragraph there were substituted the words " every region, islands area or district in which any road to which the order applies is situated. ".

The [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

42In 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 ".

The [1947 c. 53.] Town and Country Planning (Scotland) Act 1947

43For section 45 (construction and improvement of private streets) there shall be substituted the following section—

45Construction and improvement of private streets.

The provisions of sections 133 to 135, 137 to 143, 150, 151 and 154 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892 shall apply in relation to any land defined in a development plan as the site of a proposed road or as land acquired for the widening of an existing road.

The [1949 c. 32.] Special Roads Act 1949

44In section 3 (supplementary orders relating to special roads), in subsections (1)(e) and (4)(c), for the words " local authority", wherever they occur, there shall be substituted the words " regional council ".

45In section 21(1) (interpretation)—

(a)the definition of " large burgh " shall cease to have effect;

(b)for the definition of " local authority " there shall be substituted the following definition—

  • " local authority " has the same meaning as in the Local Government (Scotland) Act 1973.

46In Schedule 1 (provisions as to schemes and orders)—

(a)in paragraphs 2(a) and 8(b), for the words " county, burgh " there shall be substituted the words " region, islands area ";

(b)in paragraph 5 for the words " (9) of section three hundred and fifty-five of the [1947 c. 43.] Local Government (Scotland) Act 1947" there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".

The [1950 c. 24.] Highways (Provision of Cattle Grids) Act 1950

47In section 1(8)(b) (provision of cattle grids and by-passes), for sub-paragraphs (i), (ii) and (iii) there shall be substituted the words " shall be the regional or islands council for the area in which the road lies ".

48Section 16(4) (financial provisions) shall cease to have effect.

49In section 17(1) (interpretation), in the definition of " highway authority " for the words from " council of a county " to the end there shall be substituted the words " regional or islands council ".

50In paragraph 3(8) of the Schedule (procedure for determination by appropriate authority of certain questions), 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 ".

The [1950 c. 39.] Public Utilities Street Works Act 1950

51In section 36 (application to Scotland)—

(a)in subsection (2)—

(i)for the definition of " appropriate local authority " there shall be substituted the following definition—

  • " appropriate local authority " means, in relation to any street, the regional or islands council;

(ii)for the words "not vested in a local authority" there shall be substituted the words " not vested in a regional or islands council ";

(iii)for the words " town council" and " district council" there shall be substituted the words " regional or islands council ";

(iv)at the end there shall be added the words " for any reference to a county council there shall be substituted a reference to a regional or islands council. ";

(b)in subsection (3), for the words " county or town council" there shall be substituted the words " regional or islands council ";

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

The [1956 c. 67.] Road Traffic Act 1956

52In section 45(8) (provisions as to dual carriageways, roundabouts and street refuges), for the words " county or town council" there shall be substituted the words " local highway authority ", and in the substituted subsection (5) in that subsection, for the words " council of a county or a burgh as defined in the [1947 c. 47.] Local Government (Scotland) Act 1947 " there shall be substituted the words " local highway authority as defined in the Local Government (Scotland) Act 1973 ".

The [1960 c. 16.] Road Traffic Act 1960

53In section 257(1) (general interpretation provisions), in the definition of " highway authority" for the words from " county council " to " therein " there shall be substituted the words " regional or islands council ".

The [1966 c. 51.] Local Government (Scotland) Act 1966

54Section 28(5) (road grants and classifications) shall cease to have effect.

55In section 30 (power of existing lighting authorities)—

(a)in subsection (1), for the words " lighting authority " there shall be substituted the words " regional or islands council ";

(b)subsections (3) and (4) shall cease to have effect.

56Section 31 (delegation of lighting functions of highway authority) shall cease to have effect.

57Section 32 (transfer of road lighting systems) shall cease to have effect.

58In section 33 (special provisions as to footway lighting systems)—

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

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

(3)If, in the case of a road or part of a road in which a footway lighting system is maintained by a district council, the highway authority propose to provide a road lighting system (either as a separate system or by means of alteration to the footway lighting system), they may give notice to that effect to the district council.

The [1967 c. 76.] Road Traffic Regulation Act 1967

59In section 1(2)(a) (traffic regulation orders outside Greater London), for the words " county council or a town council" there shall be substituted the words " local highway authority ".

60In section 5(1) (certain councils may make orders under sections 1 and 28 for purpose of general scheme of traffic control), for the words " county council or town council" there shall be substituted the words " local highway authority ".

61In section 15(8)(b) (regulation of use of highways by public service vehicles), for the words from "in a burgh" to the end there shall be substituted the words " a regional or islands council ".

62In section 20(8) (removal of vehicles illegally, obstructively or dangerously parked, abandoned or broken down) as set out in Schedule 1 to the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967, in the definition of "local authority", for the words "county council or town council of a burgh" there shall be substituted the words " local highway authority ".

63In section 21 (schemes for establishment of pedestrian crossings on roads other than trunk roads)—

(a)in subsection (1), for the words "their district" there shall be substituted the words " the whole or part of their area ";

(b)subsections (2) and (7) shall cease to have effect;

(c)in subsection (6), in paragraph (b), for the words from "council of a county" to the end of the paragraph there shall be substituted the words " local highway authority " , and the words from " and in relation to " to the end of the subsection shall cease to have effect.

64In section 24(2) (arrangements for patrolling school crossings), for heads (i) and (ii) there shall be substituted the words " the regional or islands council ".

65In section 26(9) (power of local authorities to prohibit traffic on roads to be used as playgrounds), for the words from " as regards roads" to the end there shall be substituted the words " by the local highway authority ".

66In section 28 (power of local authorities to provide parking places), in subsection (6)(a), for the words " county council or town council" there shall be substituted the words " local highway authority ".

67In section 35 (provision on highways of parking places where charge is made), in subsection (4), for the words "county council or town council" there shall be substituted the words " local highway authority ".

68In section 52 (charges for removing and storing vehicles), in subsection (4)(e), for the words " county council or town council" there shall be substituted the words " local highway authority ".

69In section 65 (traffic signs: modifications as respects roads where parking permitted without lights), in subsection (2), for the words "county council or town council" there shall be substituted the words " local highway authority ".

70In section 69 (bollards and other obstructions on roads outside Greater London)—

(a)in subsections (1) and (3), for the words " authority who made the order" there shall be substituted the words " local highway authority ";

(b)in subsection (3), the words from " but, where " to the end shall cease to have effect.

71In section 76 (provisions supplementary to sections 71 to 75)—

(a)in subsection (2)(b), for the words from " county " to the end there shall be substituted the words " local highway authority ";

(b)subsection (3) shall cease to have effect.

72In section 104(1) (general interpretation provisions), in the definition of " highway authority", for the words " county council or the town council of a burgh " there shall be substituted the words " regional or islands council ".

73Section 105 (effect of certain references to Scottish local authorities) shall cease to have effect

The [1968 c. 73.] Transport Act 1968

74In section 123 (power of highway and other authorities to contribute to cost of barriers, etc., at level crossings), the words from " and " at the end of subsection (1)(a) to the end of the section shall cease to have effect.

75In 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 ".

76In section 159(1) (general interpretation), in the definition of " highway authority", in paragraph (b)(ii), for the words from " county " to the end there shall be substituted the words " regional or islands council ".

The [1970 c. 20.] Roads (Scotland) Act 1970

77In section 4(1)(d) (power of local authority to contribute to street works), the words " in special scavenging districts " shall cease to have effect.

78In section 28(3) (use of appliances, etc., on footways and footpaths), the definition of " local authority " shall cease to have effect.

79In section 50(1) (interpretation)—

(a)in the definition of " highway authority ", for the words from " county " to " therein " there shall be substituted the words " regional or islands council ";

(b)in the definition of " local authority ", for the words " town council or a county " there shall be substituted the words " regional or islands ";

(c)in the definition of " local highway authority ", for the words "highway authority other than the Secretary of State" there shall be substituted the words " regional or islands council ".

The [1970 c. 28.] Local Government (Footpaths and Open Spaces) (Scotland) Act 1970

80In section 5 (interpretation), in the definition of "local authority ", for the words " town council or a county " there shall be substituted the words " regional or islands ".

The [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970

81In 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 [1972 c. 20.] Road Traffic Act 1972

82In section 31(7) (control of dogs on roads), for the words " county council or a town " there shall be substituted the words " regional or islands ".

83In 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 ".

84In 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 ".

85In section 43 (tests 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 [1947 c. 43.] Local Government (Scotland) Act 1947)" shall cease to have effect "

86In section 55(7), for the words " county or burgh " there shall be substituted the words " region or islands area ".

87In section 196(1) (general interpretation provisions), in the definition of "highway authority", in paragraph (b), for the words from " county " to " therein " there shall be substituted the words " regional or islands council ".

88Section 197 (effect of certain references to Scottish local authorities) shall cease to have effect.

The [1972 c. 52.] Town and Country Planning (Scotland) Act 1972

89In 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.

SCHEDULE 15Amendment of Enactments Relating to Building

PART I

The [1959 c. 24.] Building (Scotland) Act 1959

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

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

3In 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..

4In 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 ".

5In 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.

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

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

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

9In 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.

10In 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 operations 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 ".

11In 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 ".

12In 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..

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

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

15In 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.

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

(a)in subsection (1) for the words " three hundred and forty-nine of the [1947 c. 43.] 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.

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

18In 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.

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

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

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

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

23In 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.

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

PART IIOther Enactments

25In the [1935 c. 47.] Restriction of Ribbon Development Act 1935, in section 17(1) for any reference to a buildings authority there shall be substituted a reference to a local authority.

26In the [1939 c. 31.] Civil Defence Act 1939, in section 33 as applied to Scotland by section 91(14) of that Act, for any reference to a buildings authority or a buildings authority within the meaning of the [1959 c. 24.] Building (Scotland) Act 1959 there shall be substituted a reference to a local authority, and in the said section 33 " local authority " means a local authority within the meaning of the Building (Scotland) Act 1959.

27In the [1946 c. 42.] Water (Scotland) Act 1946, in section 53 (provision of water supply for new buildings and houses)—

(a)in subsection (1) for the words "buildings authority (within the meaning of the Building (Scotland) Act 1959)" and " buildings authority " there shall be substituted the words " local authority ";

(b)at the end there shall be added the following subsection—

(6)In this section " local authority" has the same meaning as in the Building (Scotland) Act 1959.

28In the [1956 c. 52.] Clean Air Act 1956, in section 10(5)(b) for the words " buildings authority " there shall be substituted the words " local authority ".

29In the [1957 c. 40.] 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 [1959 c. 24.] 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 sub-paragraph (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 ".

30In the [1971 c. 40.] 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.

Section 135.

SCHEDULE 16Amendment of Enactments Relating to River Purification

[1951 c. 66.] Rivers (Prevention of Pollution) (Scotland) Act 1951

1In 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 ".

2For 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.

3In 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 ".

4For 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.

5In 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 ".

6In 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 ".

7In 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.

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

9In 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 ".

10In 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.

SCHEDULE 17Amendment of Enactments Relating to Water

General

1Any reference in any enactment, order, scheme, regulations, award or byelaws passed or made before the coming into force of this Act to a regional water board or the region of such a board (or any expression construed as such a reference by virtue of paragraph 2 of Schedule 2 to the [1967 c. 78.] Water (Scotland) Act 1967) or to a constituent board shall be construed respectively as a reference to a water authority and to the limits of supply of such an authority and to a constituent water authority.

The [1944 c. 26.] Rural Water Supplies and Sewerage Act 1944

2In 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 ".

The [1946 c. 42.] Water (Scotland) Act 1946

3In section 8(4) (duty of water authority to provide supply for area), for the words after " interests ", there shall be substituted the words " of the area comprising their limits of supply ".

4In section 12 (compensation for damage resulting from exercise of powers)—

(a)in subsection (1), for the words " local authority " and " the authority " there shall be substituted respectively the words " district council " and " them " ;

(b)in subsection (3), the words " against an authority " and " to the authority " shall cease to have effect.

5In section 23 (power of local authority to give guarantee for supply of water), for the words " local authority " and the word " district" there shall be substituted respectively the words " water authority within the meaning of section 148 of the Local Government (Scotland) Act 1973 " and the words " limits of supply ".

6In section 29 (power of local authority to provide public wells, fountains, etc.)—

(a)in subsection (1), for the words " local authority " there shall be substituted the words " district council " and after the word " region" there shall be inserted the words " or area ";

(b)in subsection (2), for the words " A local authority " there shall be substituted the words " An islands or district council ", after the word " their " there shall be inserted the words " area or " and, in the proviso, for the words " the authority " there shall be substituted the words " the council ".

7In section 30 (power to close or restrict use of water from public wells, etc.), for the words " local authority " there shall be substituted the words " district council ", and after the word " region " there shall be inserted the words " or area ".

8In section 31 (power to close or restrict use of water from polluted source of supply), for any reference to a local authority there shall be substituted a reference to an islands or district council and after the word " their " there shall be inserted the words " area or ".

9In section 54 (provision of supply of water to other houses), fpr any reference to a local authority there shall be substituted a reference to an islands or district council.

10In section 55 (power of local authority to grant or make charging order for expenses of executing works), for any reference to a local authority there shall be substituted a reference to an islands or district council.

11In section 56 (recovery of expenses from owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.

12In section 57 (limitation of liability of certain owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.

13In section 58 (agreements as to drainage, etc., of land),—

(a)in subsection (1), at the beginning there shall be inserted

(a)" and for the words " with a local authority " there shall be substituted the words—

(b)a water authority or a water development board may enter into agreements with a regional, islands or district council;

(b)in subsection (3), for the words " local authority" and " that authority " there shall be substituted respectively the words " regional or islands council " and " that council ".

14In section 61 (byelaws for preventing pollution of water), for any reference to the local authority of the district or the local authority of the district or county there shall be substituted a reference to the regional, islands or district council.

15In section 78 (notices, etc., to be in writing), for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.

16In section 84(1) (interpretation), after the definition of " supply pipe " there shall be inserted the following definition—

  • ' water authority ' has the same meaning as in section 148 of the Local Government (Scotland) Act 1973 ;.

17In Schedule 1 (procedure for making orders and making and confirming byelaws)—

(a)in paragraph 2(i), for the words " local authority of every district " there shall be substituted the words " water authority, regional council, district council and water development board for every area " and in paragraph 2(ii), at the end there shall be added the words " and in the case of an order under section 21(2), where the river purification authority within whose area the stream affected is situated are not the same authority as the applicants, on that authority ";

(b)in paragraph 11(i), for the words "local authority of every district" there shall be substituted the words " water authority, regional council, district council and water development board for every area ";

(c)in paragraph 11(ii), after the word "transferred " there shall be inserted the words " where the river purification authority are not the same authority as the water authority ";

(d)in paragraph 19, for the words "local authority of any district" there shall be substituted the words " water authority, regional council, district council and water development board for any area " and after the word " acquired " there shall be inserted the words " and where the river purification authority within whose area the stream affected is situated are not the same authority as the water authority, to that authority ".

18In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 5(1) and (2) and paragraph 24(2) for the words "local authority", wherever they occur, there shall be substituted the words " regional, islands or district council "and the word " authority" or " authorities" shall be construed accordingly.

The [1949 c. 31.] Water (Scotland) Act 1949

19In section 1 (levy of rates in respect of expenditure on water supply)—

(a)for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;

(b)for any reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate.

20In section 2 (provisions as to liability for domestic water rate), for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area, and subsection (2)(b) shall cease to have effect.

21In section 4 (levy of domestic water rate on business and commercial premises), in the proviso to subsection (1), for the words " the fifteenth day of July in any year " there shall be substituted the words " such date in any year as may be prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973 ".

22In section 8(1) (contributions by county council in aid of domestic water rate)—

(a)for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;

(b)for the reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate ;

(c)for the words from " the amount requisitioned " to the end there shall be substituted the words " one-third of the said expenditure. ".

23Section 14 (adoption in counties of the [1911 c. 53.] House Letting and Rating (Scotland) Act 1911) shall cease to have effect.

24In section 19 (domestic water rate not payable or payable at reduced rate in certain cases), in the proviso to subsection (2), for the references to the district of the local authority there shall be substituted references to the region or islands area.

25In section 20(1) (provisions as to levying of, and exemption from, rates), after the word " requisitions)" there shall be inserted the words " and Part VII of the Local Government (Scotland) Act 1973 ".

26In section 23(1) (compulsory acquisition of land for construction of waterworks), after the word " authorise ", there shall be inserted the words " an authority or ".

27In section 28 (termination of right to supply of water on special terms), in subsections (4) and (6), for any reference to a local authority there shall be substituted a reference to a district council.

The [1958 c. 67.] Water Act 1958

28In paragraph 1(1) of Schedule 1 (procedure for making orders), in the table, for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.

The [1967 c. 78.] Water (Scotland) Act 1967

29Section 1 (establishment of regional water boards) shall cease to have effect.

30Section 2 (transfer to regional water boards of functions of local water authorities) shall cease to have effect.

31In section 3 (Central Scotland Water Development Board), for subsection (2) there shall be substituted the following subsection—

(2)The area for which the Central Board are established shall comprise the limits of supply of the authorities specified in Part II of Schedule 1 to this Act..

32In section 4(2) (transfer to Central Board of functions of certain joint water boards, and other functions of the Board), for the words " of the regional" to the end there shall be substituted the words " water authorities whose limits of supply are comprised in the area of the Board. ".

33In section 5 (establishment of new regional water boards and water development boards, and alteration of regions and areas), subsection (1)(a), in subsection (1)(c) the words " any region, or " and subsection (3) so far as relating to new regional water boards, shall cease to have effect and after subsection (1)(c) there shall be inserted the following paragraph—

(d)alter the limits of supply of a water authority as defined in section 148 of the Local Government (Scotland) Act 1973..

34In section 6 (maps of regions), in subsection (1), for the words from the beginning to " their region " there shall be substituted the words " The Secretary of State shall, as soon as practicable after the coming into force of the Local Government (Scotland) Act 1973, send to any water authority whose limits of supply include an area specified in column 1 of the table set out at the end of section 148(3) of that Act, and to any water authority whose limits of supply would include such an area but for the said subsection (3), a map of that area ".

35Section 8 (constitution of regional water boards) shall cease to have effect.

36In section 10 (accounts and audit)—

(a)subsections (1), (2), (4) and (5) shall cease to have effect;

(b)in subsection (3), for the words " such board " there shall be substituted the words " water development board ".

37For section 11 (estimates and requisitions) there shall be substituted the following section—

11Requisitions.

(1)Each water authority—

(a)who are a regional council, and

(b)whose limits of supply extend beyond their own region or who supply water to premises in another region,

shall in respect of any financial year determine the aggregate amount by reference to which the amount required to be requisitioned by the water authority under this Part of this Act from each of their contributing authorities is to be determined.

(2)Each water development board shall in respect of any financial year determine the aggregate amount required to be requisitioned by the board under this Part of this Act from their contributing authorities.

(3)Each such water authority and each water development board shall, by such date or dates as may be prescribed, cause a requisition in respect of any financial year to be sent to their contributing authorities requiring each of them to pay such sum as may be apportioned to each under the subsequent provisions of this Part of this Act, and each of those authorities shall, at such intervals and by such instalments as may be prescribed, pay over to the water authority or board the sum so requisitioned.

(4)For the purposes of this Part of this Act " contributing authority " means—

(a)in relation to a water authority, any other regional council the whole or part of whose region is within the limits of supply of the water authority or in whose region water is supplied to premises by the water authority, and

(b)in relation to a water development board, a constituent water authority.

(5)In this section "prescribed" means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973..

38In section 12 (calculation of amount to be requisitioned by regional water boards)—

(a)for any reference to a district there shall be substituted a reference to a region ;

(b)in subsection (1), for the words from "11(2)" to "that account" there shall be substituted the words " 11(1) of this Act, the aggregate amount referred to in that subsection for any financial year shall be the sum by which the estimated expenditure of the water authority in the exercise of any of their functions under any enactment in relation to water supply and chargeable to the revenue account of their general fund exceeds the estimated income pertaining thereto, but excluding from such expenditure any amount payable by way of requisition to another water authority and from such income any amount receivable by way of rates or requisition ";

(c)in subsections (2) and (3), for the words "that authority bears " and " all such authorities " there shall be substituted respectively the words " the contributing authority bears " and "the authority making the requisition and of all such contributing authorities " ;

(d)in subsection (2)(b), for head (i) there shall be substituted the following—

(i)in relation to the region of a regional council, the whole or part of which is within the limits of supply of the water authority, that region, or, as the case may be, that part, exclusive of any premises to which a supply of water is given by another water authority but inclusive of any premises outside the limits of supply of the water authority to which a supply of water is given by the water authority, and.

39In section 13 (calculation of amount to be requisitioned by water development boards), for the words from " and for the purposes " to the end there shall be substituted the words " and such aggregate amount shall be the sum by which the estimated expenditure of the water development board chargeable to the revenue account of their general fund exceeds the estimated income of that account, and there shall be added to or, as the case may be, deducted from that sum any sum required to be brought forward either as a debit or as a credit from a previous financial year ".

40In section 17 (borrowing powers), for the word " county" there shall be substituted the word " regional " , and section 17 shall cease to have effect so far as it relates to regional water boards.

41Part III (transfer of undertakings of local water authorities) shall cease to have effect

42For section 26 (provision of services for the boards) there shall be substituted the following section—

26The provision of services for water authorities and development boards.

For the performance of the functions of a water authority or water development board under the Water (Scotland) Acts 1946 to 1967, a regional, islands or district council may provide the water authority or water development board with such services as the authority or board may request; and any water development board may make such provision as aforesaid for any water authority or any other such board..

43Section 28 (agreements not to be entered into between first and second appointed days by the local water authority without the consent of the regional water board or of the waiter development board) shall cease to have effect.

44Section 29 (power of regional water boards and water development boards to promote or oppose private legislation) so far as relating to regional water boards, shall cease to have effect.

45In section 32 (repeal, amendment and adaptation of local enactments)—

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

(1)The Secretary of State may by order—

(a)on his own initiative, repeal or amend any local enactment relating to the supply of water, or

(b)on the application of a water authority or a water development board, repeal or amend any local enactment relating to the supply of water—

(i)by or to the applicant, or

(ii)by any other water authority or board to premises in any area within the limits of supply of the applicant.;

(b)at the end there shall be added the following subsection—

(5)The provisions of Part I of Schedule 1 to the [1946 c. 42.] Water (Scotland) Act 1946 shall apply to orders made under this section on the application of a water authority or a water development board..

46In section 33 (regulations and orders), in subsection (4), the words " all local authorities whose districts are affected by the order and ", and paragraph (a) shall cease to have effect, for the words " so affected " there shall be substituted the words " affected by the order " and at the end of paragraph (b) there shall be added the words or

(c)where the order is being made under section 32(1) of this Act on the application of a water authority or a water development board..

47In section 34(1) (interpretation)—

(c)the following shall cease to have effect—

(i)the definition of " constituent council " ;

(ii)in the definition of " first appointed day", the words " 1(4)(a) or " ;

(iii)the definition of " local authority " ; '

(iv)the definitions of " region " and " regional water board ";

(v)in the definition of " second appointed day ", the words " 1(4)(b) or " ;

(b)in the definition of " contributing authority ", for the word " 11(6) " there shall be substituted the word " 11(4) ".

48Part I of Schedule 1 (regional water boards) shall cease to have effect.

49For Part II of Schedule 1 there shall be substituted the following Part—

PART IIThe area of the Central Scotland Water Development Board

The limits of supply as water authorities of the Tayside, Fife, Lothian, Borders, Central and Strathclyde regional councils.

50In Schedule 3 (procedure for making an order under section 5), in paragraph 2, for the reference to a local authority there shall be substituted a reference to a water authority.

51Schedule 4 (provisions as to regional water boards and water development boards) so far as relating to regional water boards shall cease to have effect, and so far as relating to water development boards shall have effect subject to the following paragraphs of this Schedule.

52In paragraph 2(3), for the words " July" and " county councillors" there shall be substituted the words " June " and " members of regional councils " and at the end there shall be added the following proviso—

Provided that the members of the Central Scotland Water Development Board who are in office immediately before 15th May 1975 shall vacate office on that day, and that board shall be reconstituted on 16th May 1975 and 1st July 1978 and thereafter quadrennially..

53In paragraph 3, for the word " clerk " there shall be substituted the words " proper officer ".

54In paragraph 5, in sub-paragraph (1), for the words "under this paragraph of a new member" there shall be substituted the words " of a new member by the constituent water authority by whom the vacating member was appointed. " and sub-paragraphs (2) and (3) shall cease to have effect.

55In paragraph 10, the word " triennial" shall cease to have effect and for the word " clerk " there shall be substituted the words " proper officer ".

56In paragraph 16, for the words " section 73 of the [1947 c. 43.] Local Government (Scotland) Act 1947" there shall be substituted the words " sections 38 to 42 of the Local Government (Scotland) Act 1973 ".

57In paragraph 18, for the words " section 342 of the Local Government (Scotland) Act 1947" there shall be substituted the words " section 194 of the Local Government (Scotland) Act 1973 " and the word " county ", wherever it occurs, shall cease to have effect.

58In paragraph 19, in sub-paragraph (1), for the words " their clerk " and " the clerk " there shall be substituted respectively the words " the proper officer of the board " and the words " the proper officer ", after the words " the particular document" there shall be inserted the words " and may be withdrawn by notice similarly authenticated " , and at the end of the paragraph there shall be added the following—

(3)Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents..

59For paragraphs 20 to 23 there shall be substituted the following paragraph—

20A board shall appoint such officers and servants as the board think fit and may pay the officers and servants appointed by them such reasonable remuneration as they may determine..

60In paragraph 24, for the words from " section 97 " to " 1947 " there shall be substituted the words " sections 66 (security to be taken in relation to officers), 67 (members of local authorities not to be appointed as officers) and 68 (disclosure by officers of interest in contracts) of the Local Government (Scotland) Act 1973 ".

61Paragraph 25 shall cease to have effect.

62For paragraph 28 there shall be substituted the following paragraph—

28The following provisions of the Local Government (Scotland) Act 1973 shall apply to a board for the purposes of this Act as those provisions apply to a local authority for the purposes of that Act—

(a)section 81 (contracts of local authorities),

(b)section 189(2) (legal proceedings),

(c)section 190 (service of legal proceedings, notices, etc., on local authorities),

(d)section 191 (claims in sequestrations and liquidations),

(e)section 192 (service of notices),

(f)section 196 (misnomers),

(g)section 208(1) (provisions as to Sundays, etc.),

(h)paragraph 7(1) of Schedule 7 (minutes of proceedings receivable in evidence)..

63At the end of paragraph 29 there shall be added the words " and ' proper officer', in relation to any purpose and any board, means an officer appointed for that purpose by that board ".

The [1973 c. 37.] Water Act 1973

64In the Water Act 1973 any reference to a regional water board shall be construed as a reference to a water authority.

Section 150.

SCHEDULE 18Amendment of Certain Enactments Relating to Transport

PART IAmendments of the [1968 c. 73.] Transport Act 1968

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

(a)in subsection (1), for the words from " shall by that order " to " Transport Executive " there shall be substituted the words " thereupon the regional council for that area shall become the Passenger Transport Authority for that area (hereafter in this Part of this Act referred to in relation to that area as " the Authority") and the Minister shall by that order provide for the establishment for that area of a Passenger Transport Executive " and for the words " the said Schedule 5" there shall be substituted the words " Schedule 5 to this Act ";

(b)in subsection (2), for the words from " every such " to " so designated" there shall be substituted the words " the regional council within whose region the area designated by the order is situated and with each of the district councils in that region " and sub-paragraph (i) shall be omitted ;

(c)in subsection (3), for the words " constituent areas " there shall be substituted the words " regions or districts whose area falls wholly or partly within the designated area ";

(d)in subsection (4), for the words " Parts I and " there shall be substituted the word " Part ";

(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 ";

(f)at the end there shall be added the following subsection—

(7)Any reference in this Part of this Act to the councils of constituent areas shall be construed as a reference to the regional council concerned.

2In 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 ".

3In 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.

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

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

13Power 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..

6In 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.

7In 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 ".

(c)in subsection (3), for the words " to issue a precept" there shall be substituted the words " to make a grant ".

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

15AAdditional 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..

9In 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.

10In section 18 (planning of passenger transport services in designated areas), the following amendments shall be made—

(a)in subsection (1), the words "to the Minister and" shall cease to have effect;

(b)in subsection (2), the words " to the Minister and " shall cease to have effect.

11In section 21 (functions of traffic commissioners in designated areas), subsection (5)(a) shall cease to have effect.

12In 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 ".

13In 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. " '.

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

34Assistance 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..

15In section 35(1)(b)(iv), for the word's "county or town" there shall be substituted the words " regional, islands or district ".

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

17Section 58 shall be omitted.

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

19For 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..

20In section 138(9)(b), for the words " county, town or district" there shall be substituted the words " regional or islands ".

21(1)In Schedule 5, Part I shall be omitted.

(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 sub-paragraph (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.

PART IIAmendment of Miscellaneous Enactments Relating to Transport

The [1896 c. 48.] Light Railways Act 1896

22In 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 [1930 c. 43.] Road Traffic Act 1930

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

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

The [1954 c. 64.] Transport Charges Etc. (Miscellaneous Provisions) Act 1954

25In 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 ".

26In paragraphs 15 and 17(5) of Schedule 1, for the words " county or town " there shall be substituted the words " regional, islands or district ".

The [1955 c. 26.] Public Service Vehicles (Travel Concessions) Act 1955

27In section 4(a), for the words " town council" there shall be substituted the words " regional, islands or district council ".

28In section 4(b), for the words "burgh fund" there shall be substituted the words " general fund of the authority ".

The [1958 c. 50.] Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958

29In 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 ".

The [1960 c. 16.] Road Traffic Act 1960

30In section 121(4) the following amendments shall be made:—

(a)in paragraph (b), for the words " councils of the counties" there shall be substituted the words " regional or islands councils ";

(b)in paragraph (c), for the words from " councils" to " districts " there shall be substituted the words " district councils ".

31In section 135(2), for the words " county or town " there shall be substituted the words " regional, islands or district ".

32In section 135(7), for the words " county and town" there shall be substituted the words " regional, islands and district ".

33In section 136(2), for the words " county and town " there shall be substituted the words " regional, islands and district ".

34In section 143, the following amendments shall be made:—

(a)in subsection 2(a), for the words " county or town " there shall be substituted the words " regional, islands or district ";

(b)in subsection (3), for the words " county or town " there shall be substituted the words " regional, islands or district ".

35In section 149(5), for the words from " a county " onwards there shall be substituted the words " a regional, islands or district council and for any reference to the council of a county borough or county district there shall be substituted a reference to such an authority ".

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

Section 154.

SCHEDULE 19Amendment of Enactments Relating to Piers, Harbours, Etc

The [1847 c. 27.] Harbours, Docks and Piers Clauses Act 1847

1In 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 ".

2In 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 ".

3In 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 areaand for the words " royal burghs " there shall be substituted the words " areas of such councils ". "

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

The [1862 c. 19.] General Pier and Harbour Act 1861, Amendment Act 1862

5In Part I of Schedule (B) (advertisement of intended application), the following amendments shall be made:—

(a)in paragraph (1)3, for the words from " names " to " places " there shall be substituted the words " name of the place and of the area of the regional or islands council ";

(b)in paragraph (3), the words "city, town or", where first occurring, shall cease to have effect, for the words from " in the county in " to " town or " there shall be substituted the words " or circulating in the area of the regional or islands council in which such " , and the words from " or if there be none " onwards shall cease to have effect.

The [1897 c. 53.] Congested Districts (Scotland) Act 1897

6In 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 [1937 c. 28.] Harbours, Piers and Ferries (Scotland) Act 1937

7For 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.

8In section 5(5) (adaptation of General Pier and Harbour Act), the following amendments shall be made:—

(a)in paragraph (i)(a), for the words from the beginning to " which " there shall be substituted the words " the regional or islands council in whose area ";

(b)in paragraph (i)(b), for the words " county or burgh " there shall be substituted the word " area ".

9In 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 ".

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

18Responsibility 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.

11In 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 ".

12In 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 ".

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

Schedule 3

  • The Clyde Port Authority.

  • The Forth Ports Authority.

  • The Aberdeen Harbour Commissioners.

  • The Trustees of the Harbour of Dundee.

The [1960 c. 31.] Highlands and Islands Shipping Services Act 1960

14In 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.

15For the Schedule there shall be substituted the following Schedule:—

SCHEDULEAreas to which Section One Applies

  • The Highland Region.

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

  • Argyll District

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

The [1964 c. 40.] Harbours Act 1964

16In 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 [1937 c. 28.] 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 [1948 c. 38.] 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 20Arrangements for Discharge of Social Work Functions

1Subject 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 subcommittee of that committee, an officer of the authority or by any other local authority in Scotland.

2Where 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.

3Where 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.

4Any 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.

5A 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.

6For 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.

7For 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.

8Subject 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.

9A 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 subcommittee, of the authority or authorities of whom they are a sub-committee.

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

11Every 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 21Amendment of Enactments Relating to Public Libraries, Museums and Art Galleries

The [1887 c. 42.] Public Libraries Consolidation (Scotland) Act 1887

1The 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.

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

2Interpretation.

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..

3In 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 ".

4In 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.

5In 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 ".

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

24Exhibition 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.

7In 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.

The [1920 c. 45.] Public Libraries (Scotland) Act 1920

8The whole Act shall cease to have effect.

The [1955 c. 27.] Public Libraries (Scotland) Act 1955

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

10In 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 [1887 c. 42.] 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..

The [1962 c. 47.] Education (Scotland) Act 1962

11In 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 ".

The [1969 c. 49.] Education (Scotland) Act 1969

12In 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 ".

Section 172.

SCHEDULE 22Planning Functions

PART IRegional Planning Functions

Description of functionsProvisions of the Act of 1912
1. Survey and structure plans.Sections 4 to 8.
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.

PART IIDistrict Planning Functions

1. Local plans.Sections 9 to 13.
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. Enforcement of control under Parts III and IV.Part V.
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.Section 199.
8. Procedure regarding orders under section 222.Section 223.
9. Compensation.Section 226.
10. Designation of conservation areas.Section 262.

Section 184.

SCHEDULE 23Amendment of Enactments Relating to Planning

The [1931 c. 16.] Ancient Monuments Act 1931

1In Schedule 1 (preservation schemes), in paragraph 8, for the words " county or town council" there shall be substituted the words " general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ".

The [1960 c. 62.] Caravan Sites and Control of Development Act 1960

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

(a)for paragraph (h)(iii) there shall be substituted the following—

(h)(iii)in subsection (8), for the words from ' includes the' onwards there shall be substituted the words ' means a local authority within the meaning of the Local Government (Scotland) Act 1973 and a regional or district planning authority within the meaning of Part IX of that Act '.

(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 ".

The [1947 c. 53.] Town and Country Planning (Scotland) Act 1947

3In 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 [1959 c. 70.] Town and Country Planning (Scotland) Act 1959

4In 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 ".

5In 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 ";

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

3A water authority within the meaning of the Local Government (Scotland) Act 1973.;

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

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

The [1967 c. 69.] Civic Amenities Act 1967

6In section 5(b) (application of sections 1 and 2 of [1962 c. 36.] 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 [1968 c. 16.] New Towns (Scotland) Act 1968

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

8In 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 ".

9In 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 ".

10In 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 ".

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

12In 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 ;.

13In 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 ".

The [1972 c. 5.] Local Employment Act 1972

14In section 8(5) (derelict land), for the words from " local" to " 1947 " there shall be substituted the words " regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ".

The [1972 c. 42.] Town and Country Planning (Amendment) Act 1972

15In Schedule 3 (control of demolition in conservation areas), the following amendments shall be made—

(a)in paragraph 5, for the words from " county " onwards there shall be substituted the words " regional council ";

(b)in paragraph 9(3), for the word " notice " there shall be substituted the word " direction ".

The [1972 c. 52.] Town and Country Planning (Scotland) Act 1972

16In 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 ".

17In 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 ".

18In 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.

19In 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 ".

20In section 63(3) (maintenance of waste land), for the words " section 88" there shall be substituted the words " sections 85 and 88 ".

21In 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 " on wards there shall be substituted the words " regional, islands and district councils ".

22In 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 ".

23In section 109(1)(c) (acquisition of land by agreement), for the words "the Secretary of State" there shall be substituted the word " them ".

24In 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 ".

25In 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 ".

26In section 153(1) (compensation where planning permission revoked or modified), the words from "(other" to "State)" shall cease to have effect.

27In 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 ".

28In 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 ".

29In section 243 (assistance for acquisition of property), for the words from " county " to " town " there shall be substituted the words " regional, islands or district ".

30In section 250(3) (borrowing by local authorities), for the words " XII " and " 1947 " there shall be substituted respectively the words " VII " and " 1973 ".

31In 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 ".

32In 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;.

33In Schedule 10 (control of works on listed buildings), in paragraph 15, for the words " local authority " there shall be substituted the words " planning authority

34In 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.

SCHEDULE 24Amendment of Enactments Relating to Licensing, etc.

PART IAmendment of Licensing (Scotland) Acts 1959 to 1969

The [1959 c. 51.] Licensing (Scotland) Act 1959

1In section 6 (casual vacancies in licensing courts and courts of appeal), for the word " county " there shall be substituted the words " islands area or district " , and the words " or at a special meeting of the magistrates " shall cease to have effect.

2Section 11 (disqualification of justices not entered in valuation roll) shall cease to have effect.

3In section 13 (membership of new town committee not to disqualify member of licensing court), the words from " or " to " 1949 " shall cease to have effect.

4In section 14 (magistrate or county councillor not disqualified by reason of being justice, and vice versa), for the words " a magistrate or a county councillor", in both places where they occur, there shall be substituted the words " an islands or district councillor ".

5Section 15 (election of town councillor to act for disqualified magistrate) and section 16 (county licensing court may grant certificates where members of burgh licensing court disqualified) shall cease to have effect.

6In section 17 (expenses of members of licensing courts and courts of appeal), in subsection (1), for the words from the beginning to " 1948 " there shall be substituted the words " Sections 45 to 50 of the Local Government (Scotland) Act 1973 " and for the words from " among " onwards there shall be substituted the words " local authorities " ; and in subsection (2), for the words from " county " onwards there shall be substituted the words " islands area or district whose area constitutes or includes the area of the court. ".

7In section 18(2) (general half-yearly meeting of licensing courts), the words from " burgh " to " county " shall cease to have effect.

8For section 20 (place of meeting of licensing courts and courts of appeal), there shall be substituted the following section:—

20Place of meeting of licensing courts and courts of appeal.

The meetings of a licensing court or court of appeal shall be held at such places as the islands or district council may determine, and the council shall publish by advertisement notice of the place of any such meeting.

9For section 21 (expenses, etc. of meetings of licensing courts and courts of appeal), there shall be substituted the following section:—

21Expenses, etc. of meetings of licensing courts and courts of appeal.

The council of every islands area or district shall provide accommodation for the meetings, and otherwise defray any necessary expenses in respect of the proceedings, of any licensing court and of the appeal court having jurisdiction in their area.

10For section 28 (clerk to licensing courts and courts of appeal), there shall be substituted the following section:—

28Clerk to licensing courts and courts of appeal.

The clerk of the peace for any area shall be the clerk to every licensing court and court of appeal having jurisdiction within the area.

11In section 29(1) (fees payable to clerk) the words "or town clerk " shall cease to have effect.

12For section 31 (supplementary and local provisions) there shall be substituted the following section:—

31Determination of population.

(1)For the purposes of this Part of this Act, and subject to the provisions of subsection (3) below, " population ", in relation to any licensing area, means the population declared by the order last made under this section relating to that area.

(2)The Secretary of State shall, before 16th April 1975,

(a)obtain from the Registrar General an estimate (made by reference to the estimates prepared by the Registrar General relating to 30th June in the latest year for which such estimates are available) of the population of every islands area and district, and

(b)make an order or orders declaring the population of each islands area and district according to such estimate.

(3)Where the council of any islands area or district, either before or after 16th May 1975, divide their area into licensing divisions in accordance with section 1(2) of this Act, they shall obtain from the Registrar General an estimate (made as aforesaid) of the population of every such division, and the population of any such division shall, until the making of the first order under subsection (4) below relating to that division, be determined according to such estimate.

(4)As soon as may be after 30th June 1983, and after every tenth year thereafter, the Secretary of State shall

(a)obtain from the Registrar General an estimate (made by reference to the estimates prepared by the Registrar General relating to 30th June in 1983 or, as the case may be, the said year in respect of which the estimate is obtained) of the population of each islands area, district and licensing division, and

(b)make an order or orders declaring the population of each islands area, district and licensing division according to such estimate.

(5)An order made under subsection (4) above may prescribe the date or dates on which alterations in the number of members of licensing courts and courts of appeal consequential on any increase or decrease of population shall take effect

(6)Any order made under this section shall be laid before Parliament.

(7)In this section " the Registrar General" means the Registrar General of Births, Deaths and Marriages for Scotland..

13In section 41 (list of certificate holders), for the words after " printing the list shall" there shall be substituted the words " be defrayed by the council of the islands area or district whose area constitutes or includes the area of the court. ".

14In section 114 (years in which temperance poll may be taken), subsection (1) shall cease to have effect.

15In section 120 (interpretation of Part VIII).

(i)in the definition of " area '; in paragraph (a), after the words " in the case of " there shall be inserted the words " an area which immediately before 16th May 1975 constituted ", and after the word " any " there shall be inserted the words " area which then constituted a " ; in paragraph (b), for the words " burgh, the whole burgh " there shall be substituted the words " area which then constituted a burgh, the whole of that area " ; and in paragraph (c), after the word " of " there shall be inserted the words " an area which then constituted ";

(ii)in the definition of " local authority ", for paragraphs (a) and (b) there shall be substituted the words " the council of an islands area or district ";

(iii)in the definition of " parish ", for the words " burgh or part of a burgh situated therein " there shall be substituted the words " area situated therein which immediately before 16th May 1975 constituted a burgh or part of a burgh ", and after the word " situated " there shall be inserted the words " in an area which was then ".

16In section 168(1) (register of clubs) the words " or other area " shall cease to have effect, after the word " keep" there shall be inserted the words " in every sheriff court district within the sheriffdom ", and for the words after " such " and before " in respect " there shall be substituted the word " district ".

17In section 169 (application by club for certificate of registration), in subsection (3)(c) for the word " aforementioned " there shall be substituted the word " aftermentioned ", in subsection (4) the words from " either " (where it first appears) to " case " shall cease to have effect, and in subsection (5) for the words " magistrate or justice of the peace " there shall be substituted the words " member of a licensing court or court of appeal ".

18In section 171 (procedure on application for grant or renewal of certificate of club registration), in subsection (1), for paragraphs (b) and (c) there shall be substituted the following words:— and

(b)to the council of the islands area or district within which the premises are situated.;

and in subsection (3), for the words " a town council" there shall be substituted the words " an islands council ".

19In section 175(1) (cancellation of certificate of club registration), the words from " or, if the premises " to " to a magistrate " and the words " or magistrate " shall cease to have effect

20In section 195 (limitation of actions against sheriffs, etc.) the words " town clerk " shall cease to have effect.

21In section 199(1) (interpretation) the definitions of "burgh licensing court " and " county licensing court " shall cease to have effect; in the definition of " licensing area", for the words " any burgh or county " there shall be substituted the words " any islands area or district ", and for the word "district" there shall be substituted the word " division "; in the definition of " licensing court", the words " or two" shall be omitted; and in the definition of " licensing district ", for the word " district" there shall be substituted the word " division " and for the word " two" there shall be substituted the word " one ".

22For Schedule 1 there shall be substituted the following Schedule—

FIRST SCHEDULEConstitution of Licensing Courts
Class IWhere population of licensing area is under 75,000. Licensing court—Councillors 3 ; Justices 3 ; total 6.
Class IIPopulation of or exceeding 75,000 but under 200,000. Licensing court—Councillors 5 ; Justices 5 ; total 10.
Class IIIPopulation of or exceeding 200,000. Licensing court—Councillors 7 ; Justices 7 ; total 14.

23In Schedule 2 (Forms of certificate), Schedule 4 (Forms for use by clerks to courts) and Schedule 5 (Forms relating to confirmation of certificates), for the words "county [or licensing district or burgh " there shall be substituted, in every place where they appear, the words " district [or islands area or licensing division " ; in Schedule 2, in Forms 1 and 3, the words " parish of and " shall cease to have effect, and in Form 2, the words " burgh of and " shall cease to have effect; and in Schedule 3, in Form 1, the words " in the parish [or burgh] of and county of " shall cease to have effect.

The [1962 c. 51.] Licensing (Scotland) Act 1962

24In Schedule 1 (New forms of certificate) in the form of certificate for a restaurant and in the form of restricted hotel certificate, for the words " county [or licensing district or burgh " there shall be substituted in every place where they appear, the words " district [or islands area or licensing division " , and the words " parish of and " shall cease to have effect.

PART IIBetting, Gaming and Lotteries

The [1963 c. 2.] Betting, Gaming and Lotteries Act 1963

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.

(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;.

26In 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."

(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.

28In Schedule 6 (Permits under section 49), paragraph 2 shall cease to have effect.

29In Schedule 7 (Promotion of small lotteries by registered societies), in paragraph 1(2), for head (b) there shall be substituted the following—

(b)in Scotland, an islands council or district council,.

The [1968 c. 65.] Gaming Act 1968

30In 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 ".

31In 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 ;.

32In 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 IIIMiscellaneous Licensing, Registration and Related Matters

The [1909 c. 30.] Cinematograph Act 1909

33For the words " a county council" and " the county council ", wherever they occur, there shall be substituted the words " an islands or district council " or " the islands or district council" as the case may be ; in section 7(3), for the word " County ", wherever it occurs, there shall be substituted the words " islands area or district " ; and sections 5 and 8(3) and (4) shall cease to have effect.

The [1925 c. 38.] Performing Animals (Regulation) Act 1925

34In 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.

The [1925 c. 50.] Theatrical Employers Registration Act 1925

35For subsection (1) of section 14 there shall be substituted the following subsection—

(1)The expression " registration authority" means the council of an islands area or district.

The [1937 c. 48.] Methylated Spirits (Sale by Retail) (Scotland) Act 1937

36In 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 [1939 c. 44.] House to House Collections Act 1939

37In 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 [1940 c. 31.] War Charities Act 1940

38In 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 [1951 c. 35.] Pet Animals Act 1951

39In 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 [1952 c. 46.] Hypnotism Act 1952

40In 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 [1963 c. 43.] Animal Boarding Establishments Act 1963

41In 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 [1964 c. 70.] Riding Establishments Act 1964

42In 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 [1966 c. 51.] Local Government (Scotland) Act 1966

43In 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 ".

[1968 c. 38.] Sale of Venison (Scotland) Act 1968

44In 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 [1968 c. 54.] Theatres Act 1968

45In 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 [1969 c. 27.] Vehicle and Driving Licences Act 1969

46In 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 [1972 c. 66.] Poisons Act 1972

47In 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.

SCHEDULE 25Relaxation of Controls

The [1892 c. 12.] Roads and Bridges (Scotland) Amendment Act 1892

1Section 5 (preservation of lands from injury) shall cease to have effect.

The [1892 c. 55.] Burgh Police (Scotland) Act 1892

2In 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 ".

3In 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 [1903 c. 33.] Burgh Police (Scotland) Act 1903

4In 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 ".

5In section 98(2) (application of Parts I and II), the words from " intimated " to " Scotland and " shall cease to have effect.

The [1914 c. 46.] Milk and Dairies (Scotland) Act 1914

6In section 28 (milk depots), the words " subject to the consent of the Board " shall cease to have effect.

The [1925 c. 38.] Performing Animals (Regulation) Act 1925

7In section 1 (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.

8In section 5(3) (interpretation etc.), the words from " and the fee " onwards shall cease to have effect.

The [1925 c. 68.] Roads Improvement Act 1925

9In section 5 (prescription of building lines), paragraph (a) of the proviso shall cease to have effect.

The [1928 c. 29.] Slaughter of Animals (Scotland) Act 1928

10In 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 [1929 c. 33.] Bridges Act 1929

11In section 7(3) (arbitrations, etc.), the words from "and any question " onwards shall cease to have effect.

12In section 10 (rules of procedure), subsections (1) and (2) shall cease to have effect.

The [1930 c. 43.] Road Traffic Act 1930

13In 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.

14In 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.

The [1935 c. 47.] Restriction of Ribbon Development Act 1935

15In section 17(2) (provision of means of entrance, etc., as condition of approval of building plans), the words from " measured " to " State " shall cease to have effect.

The [1937 c. 28.] Harbours, Piers and Ferries (Scotland) Act 1937

16In section 10(5) (application of 1847 Act), the words from " and if " onwards shall cease to have effect.

The [1937 c. 48.] Methylated Spirits (Sale by Retail) (Scotland) Act 1937

17In 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 ".

The [1946 c. 42.] Water (Scotland) Act 1946

18Section 3 (Secretary of State may require records, etc., from persons abstracting water) shall cease to have effect.

19In section 9 (water for domestic purposes), the words from " and the Secretary " onwards shall cease to have effect.

20In section 24(1) (power to carry out works), the proviso shall cease to have effect.

21In section 29(2) (local authority may provide wells, etc.), in the proviso, the words from " and any " onwards shall cease to have effect.

22In section 53 (provision of water supply for new buildings), in subsection (1), the words from " in accordance " to " may make ", and subsection (4) shall cease to have effect.

23In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 19, the words from "Any dispute " onwards, and in paragraph 24(2), the words from " or as " onwards, shall cease to have effect.

The [1948 c. 26.] Local Government Act 1948

24Section 138(2) (consent of Minister to agreements) shall cease to have effect.

The [1950 c. 24.] Highways (Provision of Cattle-Grids) Act 1950

25Sections 14 (provision of cattle-grids off roads) and 18 (provisions as to cattle-grids provided before the Act) shall cease to have effect.

The [1951 c. 35.] Pet Animals Act 1951

26In section 1(2) (licensing of pet shops), the words " not exceeding £2 " shall cease to have effect.

The [1956 c. 30.] Food and Drugs (Scotland) Act 1956

27In 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.

28Section 22(2) (notification of cases of food poisoning) shall cease to have effect.

The [1963 c. 31.] Weights and Measures Act 1963

29In section 4(2) (local standards), after the word " kept" there shall be inserted the words " in such manner and under such conditions as the Secretary of State may direct ", the words " and approved for the purpose by the Board " shall cease to have effect, and for the words " approved in that behalf by the Board " there shall be substituted the words " which appear to the authority to be appropriate ".

30In section 5(3) (working standards etc.), the words " and approved for the purpose by the Board " shall cease to have effect.

31In section 44(1) (inspector's fees), the words " with the consent of the Board " shall cease to have effect.

The [1963 c. 43.] Animal Boarding Establishments Act 1963

32In section 1(2) (licensing of boarding establishments for animals), the words " not exceeding £2 " shall cease to have effect,

The [1964 c. 70.] Riding Establishments Act 1964

33In 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 ".

The [1967 c. 76.] Road Traffic Regulation Act 1967

34In section 12(6) (temporary prohibition or restriction of traffic), for the words " six weeks from the making " there shall be substituted the words " three months from the coming into operation ".

35In section 29 (powers regarding off-street parking places), in subsection (1), the words from " exercisable " to " by him ", and subsection (2), shall cease to have effect.

36In section 31(2) (use of parking places), the words from "and where " onwards shall cease to have effect.

37In section 37(5) (supplementary provisions), for the words " the prescribed steps" there shall be substituted the words " such steps as appear to them to be appropriate ", for the words from " not less " to " occasions" there shall be substituted the word " afterwards " , and the words " in the prescribed manner " and the words from " and in this" onwards shall cease to have effect.

38In section 44 (financial provisions), in subsection (2), in the proviso, the words from " but shall not" onwards shall cease to have effect, and in subsection (3)(c), the words "with the consent of the appropriate Minister " shall cease to have effect.

The [1967 c. 78.] Water (Scotland) Act 1961

39In Schedule 5 (amendments of the Water (Scotland) Acts), in paragraph 26, in subsection (1) of the substituted section 18, for the words " Secretary of State " there shall be substituted the words " water authority within whose limits of supply the premises are situated " , and in the said section 18, subsection (2) shall cease to have effect.

The [1967 c. 86.] Countryside (Scotland) Act 1967

40In 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 [1968 c. 49.] Social Work (Scotland) Act 1968

41In section 22 (removal of children in residential establishments), the words " the Secretary of State or " shall cease to have effect.

The [1968 c. 73.] Transport Act 1968

42In section 12(4) (borrowing powers of Executive), the words " with the consent of the Minister " shall cease to have effect.

43In 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.

44In 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.

45In section 138 (travel concessions), subsections (7), (8) and (9)(a) shall cease to have effect.

The [1972 c. 52.] Town and Country Planning (Scotland) Act 1972

46In section 63(1) (proper maintenance of waste land), the words from " then " to " State " shall cease to have effect.

47In section 84(1) (power to serve enforcement notice), the words from " to any " to " State and " shall cease to have effect.

48In 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.

SCHEDULE 26Amendments of the [1969 c. xxiv.] Tweed Fisheries Act 1969

1Section 3 shall cease to have effect.

2In 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 1 shall be persons appearing to the local authority to be persons sufficiently representing the interests of freshwater fishing associations or clubs within that part.

3In section 6(2)(a), before the word "burgh" there shall be inserted the word " former ".

4In section 7(3), before the word " burgh " there shall be inserted the word " former ".

5For Schedule 1 there shall be substituted the following Schedule—

SCHEDULE 1Representative Commissioners

Local AuthorityNumber of RepresentativesPart of Local Authority Area representedNumber of Representatives for each part of Local Authority AreaNumber of Representatives of associations or clubs
12345
District Council of Berwickshire.9Former Burgh of Coldstream.21
Former Burgh of Duns.21
Former Burgh of Eyemouth.21
Remainder of the Council's area.32
District Council of Roxburgh.9Former Burgh of Jedburgh.21
Former Burgh of Kelso21
Former Burgh of Hawick21
Remainder of the Council's area.32
District Council of Ettrick and Lauderdale.11Former Burgh of Selkirk21
Former Burgh of Lauder21
Former Burgh of Galashiels.21
Former Burgh of Melrose21
Remainder of the Council's area32
District Council of Tweeddale.5Former Burgh of Peebles21
Former Burgh of Innerleithen.21
Remainder of the Council's area.1
Berwick on Tweed District Council.9Former Borough of Berwick-upon-Tweed.21
The rural district of Norham and Island-shires.21
The rural district of Glendale.43
The remainder of the River Tweed catchment area within the County of Northumberland.1

Section 214.

SCHEDULE 27Adaptation and Amendment of Enactments

PART IGeneral 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.

(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.

(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.

PART IIMinor and Consequential Amendments

The [1815 c. 42.] Jury Trials (Scotland) Act 1815

1In 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 [1822 c. 33.] Riotous Assemblies (Scotland) Act 1822

2In 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 [1925 c. 22.] Jurors (Scotland) Act 1825

3In section 1 (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 ".

4For section 3 (rolls of jurors) there shall be substituted the following section:—

3General 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.

5For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—

7Jurors 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.

6For section 8 (jurors for circuit trials) there shall be substituted the following section:—

8Jurors for High Court when on Circuit.

Where the High Court of Justiciary is to be on circuit, the sheriff principal of the sheriffdom in which a trial is to be held shall requisition from the sheriff court districts in which the circuit is to take place the required number of jurors for that trial in such proportions as may be specified by that Court in an Act of Adjournal.

7In section 9 (jurors in inferior courts), for the word " county " there shall be substituted the words " sheriff court district ".

8In 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 [1868 c. 100.] Court of Session Act 1868

9In section 45 (mode of returning jurors), for the words from " of Edinburgh " to " counties " there shall be substituted the word " principal ".

The [1875 c. 17.] Explosives Act 1875

10In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—

(1)A regional or islands council; and.

11In 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 [1882 c. 49.] Militia Act 1882

12In section 34(2) (gazetting of commissioners), for the words " county rate" there shall be substituted the words " regional or general rate ".

The [1882 c. 56.] Electric Lighting Act 1882

13In section 31(b) (definition of local authority), for the words " county or town " there shall be substituted the words " regional, islands or district ".

14In section 36 (application to Scotland), in the definition of " local authority ", after the word " streets ", in both places where it occurs, there shall be inserted the word " sewers ".

The [1887 c. 35.] Criminal Procedure (Scotland) Act 1887

15In section 47 (area from which jury summoned), for the word "county" there shall be substituted the words " sheriff court district " , and the words from " but in all cases" onwards shall cease to have effect.

The [1892 c. 54.] Allotments (Scotland) Act 1892

16In 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 ".

17In section 6(2) (management of allotments), for the words " the burgh or parish " there shall be substituted the words " their area ".

18In 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 ".

19In 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 ".

20In 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 [1894 c. 58.] Local Government (Scotland) Act 1894

21Sections 3 to 25 shall cease to have effect.

22Sections 42 to 48 shall cease to have effect.

23In section 54, the definitions of " police burgh", " Public Health Acts", " Education Acts ", and " burgh" shall cease to have effect.

The [1894 c. 60.] Merchant Shipping Act 1894

24In 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 ".

25In 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 words " 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 [1897 c. 38.] Public Health (Scotland) Act 1897

26In section 3 (definitions),—

(a)the definitions of " sanitary inspector ", " clerk ", " parish ", " burgh ", " county ", and " district committee " shall cease to have effect,

(b)for the definition of " district" there shall be substituted the following definition—

Except in section 12 and, where it second occurs in section 36(4) of this Act, the word ' district' means the area of the local authority for the purposes of this Act.

27In section 6, for the words " parish council" there shall be substituted the words " local authority ".

28For section 12 there shall be substituted the following section—

12Local authorities for the purposes of the Act.

The islands or district council shall be the local authority for the purposes of this Act.

29Section 15 (reports and returns), shall cease to have effect.

30In 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.

31In section 19 (information of nuisances), the words "of the county or burgh " shall cease to have effect.

32In 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.

33In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155, and 177, the word "magistrate" or "magistrates", in each place where either of them occurs, shall cease to have effect.

34Section 28 shall cease to have effect.

35In section 31 (waterclosets etc. used in common) the words " or of their sanitary inspector " shall cease to have effect.

36In section 32 (offensive businesses) in subsection (2), the words from " but, in the case " onwards shall cease to have effect.

37In 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.

38In 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.

39In section 39 (scavenging of highways)—

(a)in the first paragraph for the words from the beginning to " situated " there shall be substituted the words " A local authority " and the words " within such special scavenging district " shall cease to have effect;

(b)in the second paragraph for the words " within such special district" and for the words from " district committee " to " council) " there shall be substituted respectively the words " in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not applyand " local highway authority within the meaning of the Local Government (Scotland) Act 1973 ". "

40In section 42 (removal of manure), the words " in any special scavenging district", in both places where they occur, shall cease to have effect.

41In section 94 (power to require additional supply of water), the words from " but in the case " onwards shall cease to have effect.

42Section 118 shall cease to have effect.

43Section 121 (combination of local authorities as to sewerage) shall cease to have effect.

44In section 146 (procedure on neglect of duty),—

(a)in subsection (1), the words " or for a parish council" and " of the county " shall cease to have effect, and

(b)in subsection (2) the words "or for any parish council" shall cease to have effect.

45In section 157, the words " magistrate or " shall cease to have effect.

46In section 158, the words "or magistrates" shall cease to have effect.

47In section 162, the words " magistrate or", where they first occur, and the word " magistrate", where it second occurs, shall cease to have effect.

48Sections 191 (saving for county councils and standing joint committees) and 192 (saving of local Acts) shall cease to have effect.

The [1899 c. 19.] Electric Lighting (Clauses) Act 1899

49In the Schedule, at the end of section 10, there shall be added the following words—

In this section,' local authority' means both the regional and district council, or, as the case may be, the islands council, within whose area the electric line is proposed to be placed.

The [1913 c. 17.] Fabrics (Misdescription) Act 1913

50For section 7(2) (application to Scotland) there shall be substituted the following subsection—

(2)The local authority for the purposes of this Act shall be the local weights and measures authority as defined in section 36 of the [1963 c. 31.] Weights and Measures Act 1963.

The [1914 c. 46.] Milk and Dairies (Scotland) Act 1914

51In section 2 (definitions), at the end there shall be added the following definition—

  • " local authority " means an islands or district council.

52In 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 [1916 c. 13.] Police, Factories &c. (Miscellaneous Provisions) Act 1916

53In 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 [1919 c. 97.] Land Settlement (Scotland) Act 1919

54In 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 ".

The [1919 c. 100.] Electricity (Supply) Act 1919

55In section 21 (overhead wires), for the words from "and the local" onwards there shall be substituted the words " and the planning authority an opportunity of being heard " and, at the end, there shall be added the following words—

In this section,' local authority' means both the regional and district council, or, as the case may be, the islands council, within whose area the electric line is proposed to be placed, and ' planning authority' means both the regional and district planning authority, or, as the case may be, the general planning authority (all within the meaning of Part IX of the Local Government (Scotland) Act 1973) within whose district the electric line is proposed to be placed..

The [1922 c. 35.] Celluloid and Cinematograph Film Act 1922

56In 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 ".

57In section 11(2), after the word "the" there shall be inserted the words " area of the former ".

The [1922 c. 52.] Allotments (Scotland) Act 1922

58In section 7 (common pasture), for the words " the burgh or parish" (wherever they occur) there shall be substituted the words " their area ".

59In section 10(1) (powers of entry), for the words " town council or parish council" there shall be substituted the words " local authority ".

60In 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 [1922 c. 54.] Milk and Dairies (Amendment) Act 1922

61In 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.

62In 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 [1925 c. 33.] Church of Scotland (Property and Endowments) Act 1925

63In 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 ".

64In section 26 (transfer of parish churches etc.), for the word "parish" there shall be substituted the word " district ".

65In 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 ".

66In 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.

67In 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 ".

The [1926 c. 51.] Electricity (Supply) Act 1926

68In section 35(2) (protection of county bridges), for the words from "county road board" onwards there shall be substituted the words " regional or islands council concerned ".

The [1928 c. 19.] Agricultural Produce (Grading and Marking) Act 1928

69In 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 [1928 c. 29.] Slaughter of Animals (Scotland) Act 1928

70In section 7 (definitions), at the end there shall be added the following definition—

(e)" local authority " means an islands or district council.

The [1928 c. 32.] Petroleum (Consolidation) Act 1928

71In 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 [1929 c. 25.] Local Government (Scotland) Act 1929

72Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.

73In section 29, for the words from " county council" to " large burgh " there shall be substituted the words " regional, islands or district council ".

74Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.

75In 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 ".

76Section 79 and Schedules 1, 2 and 5 shall cease to have effect.

The [1930 c. 51.] Reservoirs (Safety Provisions) Act 1930

77In 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 [1931 c. 41.] Agricultural Land (Utilisation) Act 1931

78In section 24(a) (application to Scotland), for the words " a town" there shall be substituted the words " an islands area ".

The [1933 c. 44.] Church of Scotland (Property and Endowments) Amendment Act 1933

79In 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 [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936

80In 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 [1937 c. 37.] Children and Young Persons (Scotland) Act 1937

81In 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 [1937 c. 6.] Air-Raid Precautions Act 1937

82In 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 [1939 c. 31.] Civil Defence Act 1939

83In 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 [1945 c. 15 (9 & 10 Geo. 6.).] Public Health (Scotland) Act 1945

84In 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 [1947 c. 22.] Civic Restaurants Act 1947

85In 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 ".

86In section 4(3) (interpretation), for the words " a county, town " there shall be substituted the words " an islands area ".

The [1947 c. 54.] Electricity Act 1947

87In section 68(3) (application to Scotland), for the words " county or town" there shall be substituted the words " regional, islands or district ".

The [1948 c. 26.] Local Government Act 1948

88In section 133(3)(i) (war memorials) for the words " sections two and " there shall be substituted the word " section ".

The [1948 c. 29.] National Assistance Act 1948

89In 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. ".

90In 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 ".

91In 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 ".

92In 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 ".

93In section 50(2) (burial etc. of dead), for the words "county and town" there shall be substituted the words " islands and district ".

94In section 65(e) (application to Scotland), for the words " county or town " there shall be substituted the words " regional or islands ".

The [1948 c. 5. (12, 13 & 14 Geo. 6.).] Civil Defence Act 1948

95In 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 [1949 c. 47.] Finance Act 1949

96In 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.

The [1949 c. 67.] Civil Aviation Act 1949

97In section 19(9) (power of local authorities to provide aerodromes), after " section " insert " the expression ' local authority' means a regional or islands council and ".

98In section 63(1) (interpretation), in the definition of "local authority", for the words from " county council" onwards there shall be substituted the words " regional, islands or district council ".

The [1949 c. 94.] Criminal Justice (Scotland) Act 1949

99In section 78(1) (interpretation), the definitions of " large burgh " and " small burgh " shall cease to have effect.

The [1949 c. 97.] National Parks and Access to the Countryside Act 1949

100In section 21(1) (nature reserves), after the word " borough " there shall be inserted the words " or in Scotland a regional, islands or district council ".

101In section 23 (areas of special scientific interest), for the words "local planning authority" there shall be substituted the words " regional, general or district planning authority (within the meaning of Part IX of the Local Government (Scotland) Act 1973) ".

102In 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 ".

103In 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 ".

104In 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 ".

105In 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 [1950 c. 38.] Allotments (Scotland) Act 1950

106In 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 ".

107In section 13(1)(b) (interpretation), for the words "a town council " there shall be substituted the words " an islands council ".

The [1951 c. 63.] Rag Flock and Other Filling Materials Act 1951

108In 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 [1952 c. 61.] Prisons (Scotland) Act 1952

109In section 7(1) (visiting committees), for the words "county and town " there shall be substituted the words " regional, islands and district ".

110In 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 [1967 c. 77.] Police (Scotland) Act 1967 it means a joint police committee ".

111In 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 [1953 c. 36.] Post Office Act 1953

112In section 51(5)(a) (power of local authority to contribute towards new post office, etc.), for the words from " or urban district" onwards there shall be substituted the words " urban district, rural district or parish and to the council thereof there shall be substituted references to an islands area or a district and to the council thereof ; and references to a contributory place and to a parish meeting shall be omitted; ".

The [1953 c. 47.] Emergency Laws (Miscellaneous Provisions) Act 1953

113In section 5(6)(b) (letting of land), for the words "a county, town " there shall be substituted the words " an islands ".

The [1953 c. 50.] Auxiliary Forces Act 1953

114In Schedule 1 (schemes for constitution of associations), for paragraph 2 there shall be substituted the following paragraph—

2A scheme for the constitution of an association shall provide—

(a)in the case where an association area coincides with a region or where a region contains two or more association areas, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in the region or from such other persons as the Defence Council may think fit, or

(b)in the case where an association area falls within two or more regions, for the selection by the Defence Council of the president and vice-presidents of the association from the lord-lieutenants residing in those regions or from such other persons as the Defence Council may think fit..

The [1954 c. 30.] Protection of Birds Act 1954

115In section 14(1)—

(a)in the definition of " administrative area" for the words "county or large burgh" there shall be substituted the words " region, islands area or district ";

(b)in the definition of " authorised person ", in paragraph (b), for the words " local authority " there shall be substituted the words " islands or district council ";

(c)in the definition of " local authority ", for the words " county council and a town" there shall be substituted the words " regional, islands or district ".

The [1954 c. 42.] Slaughterhouses Act 1954

116In 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 [1954 c. 49.] Long Leases (Scotland) Act 1954

117In 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 [1955 c. 18.] Army Act 1955

118In section 214(5) (application to Scotland), for the words " county or town " there shall be substituted the words " regional, islands or district ".

The [1955 c. 19.] Air Force Act 1955

119In section 212(5) (application to Scotland) for the words " county or town " there shall be substituted the words " regional, islands or district ".

The [1955 c. 21.] Crofters (Scotland) Act 1955

120In section 37(1) (interpretation), in the definition of " crofting counties", after the word " the " there shall be inserted the word " former "

The [1956 c. 30.] Food and Drugs (Scotland) Act 1956

121In 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.

122In 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.

123In 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.

124In 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.

125In section 29(3) (analysis of samples), after the words " local authority" there shall be inserted the words " who appointed the analyst ".

126In section 35(2) (quarterly reports) for the words "local authority" there shall be substituted the words " regional and islands council ".

The [1956 c. 49.] Agriculture (Safety, Health and Welfare Provisions) Act 1956

127In 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 [1956 c. 52.] Clean Air Act 1956

128In section 34(1) (interpretation), in the definition of " local authority ", for the words " a county or town council" there shall be substituted the words " an islands or district council ".

The [1957 c. 48.] Electricity Act 1957

129In section 34(10) (public inquiries), at the end there shall be added the following words— " and ' planning authority' means the regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ".

130In Schedule 2 (supplementary provisions as to public inquiries), in paragraph 1(a), for the words from second "in" to " not" there shall be substituted the words " which is not within the area of a planning authority who have ".

131In Schedule 4 (amendment of enactments), in the item relating to the [1909 c. 34.] Electric Lighting Act 1909, for the words from " and with " onwards there shall be substituted the words " the provisions of the said section 2 shall apply to the Scottish Electricity Boards as they apply to the Generating Board with the following modifications—

(a)' local authority' means both the regional and district council, or, as the case may be, the islands council concerned;

(b)for the references to the local planning authority there shall be substituted references to both the regional and district planning authority, or, as the case may be, the general planning authority (all within the meaning of Part IX of the Local Government (Scotland) Act 1973)."

The [1957 c. 59.] Coal-Mining (Subsidence) Act 1957

132In section 1(3)(i) (duty of National Coal Board in respect of damage), for the words " county or town " there shall be substituted the words " regional or islands ".

The [1958 c. 24.] Land Drainage (Scotland) Act 1958

133In 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 [1958 c. 33.] Disabled Persons (Employment) Act 1958

134In 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 ".

135The Schedule shall cease to have effect.

The [1958 c. 40.] Matrimonial Proceedings (Children) Act 1958

136In 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 ".

137In 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 ".

138In section 15 (interpretation), the words from "and the expression " onwards shall cease to have effect.

The [1958 c. 49.] Trading Representations (Disabled Persons) Act 1958

139In 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 ".

The [1958 c. 65.] Children Act 1958

140In section 17 (interpretation), in the definition of "local authority ", for the words " county or large burgh " there shall be substituted the words " region or islands area ".

The [1958 c. 69.] Opencast Coal Act 1958

141In 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 [1958 c. 5. (7 & 8 Eliz. 2.).] Adoption Act 1958

142In 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 [1959 c. 40.] Deer (Scotland) Act 1959

143In 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 [1960 c. 34.] Radioactive Substances Act 1960

144In section 20 (application to Scotland), in the definition of " local authority," for the words " a county or town council" there shall be substituted the words " the regional, islands or district council ".

The [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960

145In 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 [1960 c. 68.] Noise Abatement Act 1960

146In 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 ".

147In 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 ".

148In section 4 (saving for byelaws), for the words " subsection (5) of section 300 of the [1947 c. 43.] Local Government (Scotland) Act 1947 " there shall be substituted the words " section 201(3) of the Local Government (Scotland) Act 1973 ".

The [1961 c. 40.] Consumer Protection Act 1961

149In section 6(3)(b), the words from " but as if " onwards shall cease to have effect.

150In paragraph 7 of the Schedule (provision as to inspection, testing and enforcement by local authorities), for the words following " Scotland means" there shall be substituted the words " the local weights and measures authority as defined in section 36 of the [1963 c. 31.] Weights and Measures Act 1963 ".

The [1961 c. 41.] Flood Prevention (Scotland) Act 1961

151In 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 [1968 c. 47.] 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 [1962 c. 37.] Building Societies Act 1962

152In 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 [1964 c. 67.] Local Government (Development and Finance) (Scotland) Act 1964

153In section 4 the following amendments shall be made—

(a)for the words " a local authority " or " the local authority ", in each place where they occur, there shall be substituted respectively the words " an islands or district council " or " the islands or district council " ;

(b)in subsection (1)(a), for the word " them" there shall be substituted the words " any local authority or general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ";

(c)in subsection (1)(b), for the word " them" there shall be substituted the words " the islands or district council ".

154In 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 ".

155In 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 ".

The [1965 c. 16.] Airports Authority Act 1965

156In section 12(2) (road traffic), for the words "or local authority (including the Greater London Council)" there shall be substituted the words " as defined in section 50(1) of the [1970 c. 20.] Roads (Scotland) Act 1970 ".

157In section 23(1) (interpretation), in the definition of "local authority", for the words "county or town" there shall be substituted the words " regional, islands or district ".

The [1965 c. 36.] Gas Act 1965

158In 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 ";

(b)in the definition of " local water authority ", for the words from " has" onwards there shall be substituted the words " means a water authority within the meaning of section 148 of the Local Government (Scotland) Act 1973 ".

159In 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 [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965

160In section 1(2) (establishment of Board), after the words "be the " there shall be inserted the word " former ".

161In section 18(1) (interpretation), in the definition of "local authority ", for die 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 ".

The [1966 c. 20.] Ministry of Social Security Act 1966

162In Schedule 4, in paragraph 2 (reception centres) in sub-paragraph (2), for die words " large burghs" there shall be substituted the words " regions, islands areas " , and sub-paragraph (5) shall be omitted.

The [1966 c. 30.] Reserve Forces Act 1966

163In section 20(1) (qualification for appointment as deputy lieutenant), for the words from the beginning to the end of paragraph (a) there shall be substituted the following words—

A person may be appointed to be a deputy lieutenant for an area if—

(a)he has a place of residence in the area or within seven miles from the boundary of the area ; and.

The [1966 c. 51.] Local Government (Scotland) Act 1966

164In 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 ".

165In section 43(1)(b) (dog licences), for the words from " county boroughs " onwards there shall be substituted the words " councils of counties or county boroughs and to clerks of such councils there shall be substituted respectively references to Scotland, to councils of islands areas or districts and to the proper officer of such councils ".

The [1967 c. 10.] Forestry Act 1967

166In section 40(2)(c)(ii) (compulsory purchase of land), for the words " county, town " there shall be substituted the words " regional, islands ".

The [1967 c. 24.] Slaughter of Poultry Act 1967

167In 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 ".

The [1967 c. 46.] Protection of Birds Act 1967

168In section 10 (publicising of effect of Protection of Birds Acts), for the words "county or large burgh" there shall be substituted the words " region or islands area ".

The [1967 c. 69.] Civic Amenities Act 1967

169In section 27(1) (interpretation of Part III), at the end of the definition of " local authority " there shall be added the words " and in relation to Scotland means an islands or district council

170In section 30(1) (general interpretation), in the definition of " local authority", for the words from " county" onwards there shall be substituted the words " regional, islands or district council ".

The [1967 c. 86.] Countryside (Scotland) Act 1967

171In 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. "

172In 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 [1968 c. 3.] Capital Allowances Act 1968

173In section 83(4)(c) (exclusion of initial allowances), after the word " 34(1) " there shall be inserted the words " or (2) ".

The [1968 c. 29.] Trade Descriptions Act 1968

174Section 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 [1963 c. 31.] 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 [1947 c. 43.] Local Government (Scotland) Act 1947 " there were substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ".

The [1968 c. 46.] Health Services and Public Health Act 1968

175In 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.

176In 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..

177For 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..

178In 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 [1968 c. 47.] Sewerage (Scotland) Act 1968

179In section 3(3) (construction of sewers), for the words " 349 " and " 1947 " there shall be substituted respectively the words " 192 " and " 1973 ".

180In 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.

181For 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..

182In 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 Government (Scotland) Act 1973 ;.

The [1968 c. 49.] Social Work (Scotland) Act 1968

183In 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.

184In section 2(2) after paragraph (b) there shall be inserted the following paragraph—

(bb)the [1973 c. 33.] Disabled Persons (Employment) Act 1958.

185In 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.

186In 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, ".

187In 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—

5AThe 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..

The [1968 c. 61.] Civil Aviation Act 1968

188In section 3(1) (byelaws), for the words " local authority " there shall be substituted the words " regional or islands council ".

189In section 14(9) (detention and sale of aircraft), for the words " local authority" there shall be substituted the words " regional or islands council ".

190In section 28(3) (interpretation), in the definition of "local authority ", for the words " county council " onwards there shall be substituted the words " regional, islands or district council ".

The [1968 c. 67.] Medicines Act 1968

191In 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 [1956 c. 30.] 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 [1969 c. 10.] Mines and Quarries (Tips) Act 1969

192In 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 [1969 c. 48.] Post Office Act 1969

193In 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 [1969 c. 51.] Development of Tourism Act 1969

194In 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 [1970 c. 39.] Local Authorities (Goods and Services) Act 1970

195In 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 ".

196In 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 [1970 c. 40.] Agriculture Act 1970

197In section 26(b), for the word " County ", in both places where it occurs, there shall be substituted the words " Islands Area ".

198In 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 ".

199For section 92(2)(b) (provision of flood warning systems), there shall be substituted the following paragraph:—

(b)"local authority" has the same meaning as in section 1(2) of the [1961 c. 41.] Flood Prevention (Scotland) Act 1961..

The [1971 c. 40.] Fire Precautions Act 1971

200In section 43 (interpretation), in subsection (1), in the definition of " local authority ", in paragraph (b), for the words from " the council" onwards there shall be substituted the words " except in section 17, the islands or district council. "

The [1971 c. 75.] Civil Aviation Act 1971

201In section 29(11), (regulation of noise and vibration), in the definition of " local authority ", for the words " county or town" there shall be substituted the words " regional, islands or district ".

The [1972 c. 2.] Island of Rockall Act 1972

202In section 1, for the words from "District" to "Inverness " there shall be substituted the words " Western Isles ".

The [1972 c. 58.] National Health Service (Scotland) Act 1972

203In 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 [1972 c. 60.] Gas Act 1972

204In 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 [1972 c. 62.] Agriculture (Miscellaneous Provisions) Act 1972

205In section 4(2) (authority to be informed about milk tests), for the words from " county council" to " situated " there shall be substituted the words " islands or district council in Scotland ".

206In 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 ".

The [1973 c. 19.] Independent Broadcasting Authority Act 1973

207In section 11(6)(b), for the words from "council" to "small burgh " there shall be substituted the words " regional, islands or district council ".

The [1973 c. 35.] Employment Agencies Act 1973

208In 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 [1973 c. 43.] Hallmarking Act 1973

209In section 20 (local inquiries), in subsection (1)(b), for the words " subsections (2) to (9) of section 355 of the [1947 c. 43.] 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 ".

The [1973 c. 57.] Badgers Act 1973

210In 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 [1973 c. 60.] Breeding of Dogs Act 1973

211In 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 28Amendments of Burgh Police (Scotland) Acts 1892 to 1911

PART IThe [1892 c. 55.] Burgh Police (Scotland) Act 1892

1In 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

  • Sections 308 and 309

  • Sections 311 to 314

  • Section 381(1) and (29)

  • Sections 386 and 387

  • Section 392.

2In 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).

3In 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

  • Sections 131 and 132

  • 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

4In 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 ".

5In 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

6In 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:.

7Section 15 shall cease to have effect.

8In section 20, for the word " commissioners ", where it second occurs, there shall be substituted the words " appropriate authority ".

9In section 27(2), for the words " town council" there shall be substituted the words " appropriate authority ".

10Section 42 shall cease to have effect.

11In section 55, for the word "commissioners" there shall be substituted the words " appropriate authority ".

12Sections 100 and 101 shall cease to have effect.

13In 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 ".

14In section 115, for the words "sanitary inspector" there shall be substituted the words " proper officer of the islands or district council ".

15In 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 ".

16In 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 ".

17In section 119, for the words "sanitary inspector" there shall be substituted the words " proper officer of the islands or district council ".

18In 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 ".

19In 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 ".

20In 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 ".

21In 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 ".

22In 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 ".

23In section 133, for the word " council", in each place where it occurs, there shall be substituted the words " local highway authority ".

24In section 134, for the word " council", in each place where it occurs, there shall be substituted the words " local highway authority ".

25In section 138, for the word " council", in both places where it occurs, there shall be substituted the words " local highway authority ".

26In section 145, for the words " burgh general assessment" there shall be substituted the words " general or district rate ".

27In section 150, the words " the Dean of Guild Court or " shall cease to have effect.

28In section 151, for the word "treasurer" there shall be substituted the words " local highway authority ".

29In 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 ".

30In section 168, for the word " council" there shall be substituted the words " islands or district council ".

31In 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 ".

32Section 201 shall cease to have effect.

33Section 207 shall cease to have effect.

34In section 210, the words " of the clerk " shall cease to have effect.

35Section 223 shall cease to have effect.

36In section 248, for the words " burgh surveyor " there shall be substituted the words " proper officer of the islands or district council ".

37In section 250, the words " any of" and " or any one of them " shall cease to have effect.

38Section 257 shall cease to have effect.

39In section 287, for the word " magistrates " there shall be substituted the words " islands or district council ".

40Sections 296 and 297 shall cease to have effect.

41In section 305, for the words " commissioners or magistrates " there shall be substituted the words " islands or district council ".

42In section 306, after the words " two thirds", in both places where they occur, there shall be inserted the words " of the members ".

43In 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 ".

44Section 310 shall cease to have effect.

45In section 312, for the word " officers " there shall be substituted the words " proper officer ".

46In 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 ".

47In section 325, after the word " their ", in both places where it occurs, there shall be inserted the word " proper ".

48In section 330, for the words " burgh general assessment" there shall be substituted the words " general or district rate ".

49In section 339, the words " the clerk to " shall cease to have effect, and for the word " him " there shall be substituted the word " them ".

50In section 341, the words from " and the commissioners " to " within the burgh " shall cease to have effect.

51In section 365, for the words "town council" there shall be substituted the words " regional, islands or district council, as the case may be ".

52In section 367, for the words " collector in any burgh " there shall be substituted the words " proper officer of a regional, islands or district council ".

53In section 369, after the words " any two " there shall be inserted the words " of the members ".

54In section 372, for the words " the general expenses of the town council." there shall be substituted the words " their general expenses ".

55In 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 " appropriate authority ".

56In 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. ".

57Section 411 shall cease to have effect.

58Section 428 shall cease to have effect.

59Section 432 shall cease to have effect.

60In Schedule V, in paragraph (2)(d), after the words " one of " there shall be inserted the words " the members of ".

PART IIThe [1903 c. 33.] Burgh Police (Scotland) Act 1903

61In sections 5 to 20, for the words " town council", in each place where they occur, there shall be substituted the words " local highway authority ".

62In 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, ".

63In 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.

64In 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.

65In 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 ".

66Section 13 shall cease to have effect.

67In section 16, the words " dean of guild court or " shall cease to have effect.

68In 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 ".

69In section 23, for the words " town council" there shall be substituted the words " islands or district council ".

70In 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 ".

71In 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.

72In 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 ".

73Section 37 shall cease to have effect.

74Section 39 shall cease to have effect.

75In 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.

76Section 43 shall cease to have effect.

77In section 44, for the words " town council" there shall be substituted the words " islands or district council ".

78Sections 56 and 57 shall cease to have effect.

79In 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 ".

80In 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 ".

81In 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 ".

82In 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 ".

83In the said section 79, in subsection (2), after the words "constable or" there shall be inserted the word " proper ".

84In section 81, for the word " magistrates " there shall be substituted the words " islands or district council: ".

85In 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 ".

86Section 97 shall cease to have effect.

87In 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.

88Section 99 shall cease to have effect.

89Section 101 shall cease to have effect.

90In 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 ".

91In 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 die 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 IIIThe [1911 c. 51.] Burgh Police (Scotland) Amendment Act 1911

92In 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 Licensing (Scotland) Act 1903" shall cease to have effect.

93In 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 ".

94In section 3, for the words " a town council" there shall be substituted the words " an islands or district council ".

Section 237.

SCHEDULE 29Repeals

ChapterShort TitleExtent 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. c. 17.The Explosives Act 1875Section 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 Con-solidation (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 (Scot-land) 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 " ' Hollow squares '", and subsection (8).
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.
10 & 11 Geo. 6. c. 42.The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947.In Schedule 1, paragraph 9.
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 " large 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.The Thermal Insulation (Industrial Buildings) Act 1957.In section 4(3) as set out in its application to Scotland, in 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 (Scotland) 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.
In section 10, subsections (1), (2), (4) and (5).
Section 17 so far as it relates to regional water boards.
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 Secre-tary 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, sub-paragraph (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 (1), 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.
Section 262(2).
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.

Yn ôl i’r brig

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