Local Government (Scotland) Act 1973

202C Revocation of byelaws by resolution. S

(1) Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them.

(2) At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply.

(3) The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above.

(4) Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them.

(5) It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw.

(6) It shall not be competent under this section to revoke any byelaw or any part of any byelaw if the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.

Modifications etc. (not altering text)

C1 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C2 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2, para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2

Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2

C3 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

S. 202C applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3