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Local Government (Scotland) Act 1973, Section 49 is up to date with all changes known to be in force on or before 31 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Sections 45 to 47 of this Act shall apply to the following bodies—
(a)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;
(d)any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;
(e)any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and
F3(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(2)In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.]
(3)For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a F6. . . body mentioned in subsection (1) above shall be deemed to be a member of that body.
(4)Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act [F7or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].
Textual Amendments
F1S. 49(1)(a) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(a)
F2S. 49(1)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7
F3S. 49(1)(f) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7
F4S. 49(1A) repealed (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45), reg. 1(2), sch. 2 para. 5 (with sch. 1 paras. 1-4, 13-20)
F5S. 49(2) substituted (16.1.1990 for certain purposes and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 194(1), 195(2), Sch. 11 para. 35(3); S.I. 1989/2445, art. 4
F6Words in s. 49(3) omitted (2.5.2007) by virtue of The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(b)
F7Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1), Sch. 11 para. 35(4)
Modifications etc. (not altering text)
C1S. 49 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3
S. 49 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13
C2Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)
C3Ss. 45-50 restricted by S.I. 1991/397, reg. 26
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