Civic Government (Scotland) Act 1982

137 Citation, commencement, repeals and extent. S

(1) This Act may be cited as the Civic Government (Scotland) Act 1982.

(2) This Act, other than sections 134 to 136 and subsections (1) above, (3) to (6) and (9) below and this subsection, shall come into force on such date or dates as the Secretary of State may by order made by statutory instrument appoint and different dates may be appointed under this section for different provisions of this Act or for different purposes of the same provision.

(3) An order under subsection (2) above shall of itself have the effect of repealing—

(a) any provision of the Burgh Police (Scotland) Acts 1892 to 1911;

(b) any local statutory provision (whether or not subject to an order under section 225(6) of the M1 Local Government (Scotland) Act 1973 (exemption from and postponement of repeal of local statutory provision))

to the extent that the provision provides for any matter which is also provided for (whether consistently or not) by or under any provision of this Act commenced by that order.

(4) A repeal under subsection (3) above shall take effect on the date of commencement of the provision of this Act the commencement of which gives rise, under that subsection, to that repeal.

(5) In this section “local statutory provision” means—

(a) a provision of a local Act, the Bill for which was promoted by a local authority;

(b) a provision of an Act confirming a provisional order made on the application of a local authority;

(c) a provision of an order made on such an application which was subject to special parliamentary procedure,

not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.

(6) In subsection (5) above, “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking, or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.

(7) The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments there specified.

(8) The enactments mentioned in Schedule 4 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(9) This Act (except section 16, which applies to England and Wales) applies to Scotland only.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 137(2) fully exercised: S.I. 1983/201, 1984/573, 774

C2 The text of ss. 75, 110, 119(5) and 137(7)(8) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1973 c. 65.