Local Government etc. (Scotland) Act 1994

Yn ddilys o 01/04/1996

The Reserve Forces Act 1980 (c.9) S

116 (1) The Reserve Forces Act 1980 shall be amended in accordance with this paragraph.

(2) In section 131 (lieutenancies in Scotland)—

(a) for subsection (1) substitute—

“(1) Her Majesty—

(a) shall appoint a lord-lieutenant for each area of Scotland; and

(b) may appoint lieutenants for each area of Scotland.

(1A) For the purposes of the provisions of this Act relating to lieutenancies, Her Majesty—

(a) shall by Order in Council divide Scotland into such areas as She thinks fit; and

(b) may in such an Order make such provision with respect to deputy lieutenants as is mentioned in subsection (1B) below.

(1B) Where an Order in Council is made under subsection (1A) above, any deputy lieutenant holding office immediately before the date on which the Order is made shall (without prejudice to any power of removal or directing removal from any office) continue to hold office on and after that date as deputy lieutenant of the area or city in which he resides or of such other area or city as may be specified in the Order.”;

(b) in subsection (2)—

(i) the words “the district of” shall cease to have effect; and

(ii) for “such district” substitute “ such city ”;

(c) subsections (3) and (4) shall cease to have effect; and

(d) in subsection (5)—

(i) for “region” substitute “ area ”; and

(ii) the words “the districts of” shall cease to have effect.

(3) In subsection (5) of section 133 (deputy lieutenants), for “the regional or general rate” substitute “ the non-domestic rate or the council tax ”.

(4) In subsection (1) of section 156 (interpretation), immediately before the definition of “home defence service” insert—

““area”, in the application to Scotland of the provisions of this Act relating to the lieutenancies, shall be construed in accordance with section 131(1A) of this Act;”.

(5) In paragraph 3 of Schedule 7 (schemes for the establishment of associations), for “region” and “regions” wherever they occur, substitute “ local government area ” and “ local government areas ” respectively.

(6) For paragraph 14(2) of Schedule 8 (saving and transitional provisions) substitute—

“(2) Subject to any power of removal or of directing removal from any office, where, immediately before the date on which paragraph 116 of Schedule 13 to the Local Government etc. (Scotland) Act 1994 comes into force—

(a) any lord-lieutenant or lieutenant held office in Scotland, Her Majesty may by Order in Council provide that he shall continue to hold office on and after that date as lord-lieutenant or lieutenant respectively for such area as may be specified in the Order;

(b) any deputy lieutenant held office in Scotland, he shall continue to hold office on and after that date as deputy lieutenant for the area or city in which he resides or such other area or city as may be specified by the Secretary of State in an order made under this paragraph.”.

Commencement Information

I1 Sch. 13 para. 116 partly in force; Sch. 13 para. 116 not in force at Royal Assent see s. 184(2); Sch. 13 para. 116(1)-(5) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(c)