Local Government (Scotland) Act 1973

Part I S Local Government Areas, Authorities and Elections

New areas and councils S

1 New local government areas in Scotland. S

(1) For the administration of local government on and after 16th May 1975, Scotland shall have local government areas in accordance with the provisions of this section.

(2) Scotland (other than Orkney, Shetland and the Western Isles) shall be divided into local government areas to be known as regions, and those regions shall be the regions named in Part I of Schedule 1 to this Act and shall comprise the areas respectively described in column 2 of the said Part I, being administrative areas existing immediately before the passing of this Act.

(3) Orkney, Shetland and the Western Isles shall be local government areas to be known as islands areas, and shall comprise the areas respectively described in column 2 of Part II of the said Schedule, being administrative areas existing immediately before the passing of this Act.

(4) In each region there shall be local government areas to be known as districts, and the districts shall be the districts named in column 2 of Part III of the said Schedule and shall comprise the areas respectively described in column 3 of the said Part III, being administrative areas existing immediately before the passing of this Act.

(5) On 16th May 1975, all local government areas existing immediately before that date, that is to say, all counties, counties of cities, large burghs, small burghs and districts, shall cease to exist, and the council of every such area shall also cease to exist.

(6) Part IV of the said Schedule shall have effect in relation to the boundaries of the new local government areas.

2 Constitution of councils of regions, islands areas and districts. S

(1) For every region, islands area and district there shall be a council consisting of a chairman and councillors, and each such council shall have all such functions as are vested in them by this Act or otherwise.

(2) Each such council shall be a body corporate by the name “The Regional Council”, “The Islands Council” or “The District Council”, as the case may be, with the addition of the name of the particular region, islands area or district, and shall have a common seal.

3 Chairman. S

(1) The chairman of each such council as aforesaid shall be elected by the council from among the councillors, and in the case of an equality of votes the chairmanship shall be determined by lot as between those who received an equal number of votes.

(2) The term of office of the chairman shall be four years from the date of his election as chairman, except in the case of the first and second ordinary elections of chairman of a district council when the term of office shall be three years or, in the case of the filling of a casual vacancy, when the council may decide that the person elected to fill the vacancy should serve as chairman for the remainder of the term of office of the council.

(3) The election of the chairman shall be the first business transacted at the first meeting of the council held after the ordinary election of councillors, and at that meeting, until the chairman is elected, the returning officer, and failing him such councillor as may be selected by the meeting, shall preside.

(4) A person holding the office of chairman shall be eligible for re-election as chairman but shall cease to hold that office upon ceasing to be a councillor.

(5) On a casual vacancy occurring in the office of chairman, an election to fill the vacancy shall be held as soon as practicable by the council at a meeting of the council the notice of which specifies the filling of the vacancy as an item of business, and the meeting shall be conducted in the same manner as an ordinary election of chairman.

(6) The title of “Lord Provost” shall attach to the chairman of each of the district councils of the cities of Aberdeen, Dundee, Edinburgh and Glasgow, [F1 and the chairman of each other regional, islands or district council shall be known by such title as that council may decide.]

(7) A council may pay the chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.

Textual Amendments

F1 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 29

[F2 3A Vice-chairman. S

(1) A council may appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall hold office until the expiry of the term of office of the council.

(3) A person holding the office of vice-chairman shall be eligible for re-election as vice-chairman but shall cease to hold that office upon ceasing to be a councillor.

(4) Subject to any standing order made by a council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(5) A council may pay the vice-chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.]

Textual Amendments

F2 S. 3A inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 27

Election of Councillors S

4 Term of office and retirement of councillors. S

(1) Councillors for a local government area shall be elected by the local government electors for that area in accordance with this Act and Part I of the [F3 Representation of the M1 People Act 1983].

(2) The ordinary election of councillors for a regional or islands council shall take place in 1974 and every fourth year thereafter.

(3) Subject to the provisions of subsection (6) below and of sections 37(3) of this Act, the term of office of regional or islands councillors shall be four years and they shall retire together at the end of such term on the day of the ordinary election of such councillors.

(4) The first ordinary election of councillors for a district council shall take place in 1974, the second such election shall take place in 1977 and the third such election shall take place in 1980; thereafter such elections shall take place every fourth year.

(5) Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of district councillors shall be

(a) for those elected in 1974 and 1977, three years;

(b) for those elected in 1980 and later, four years;

and they shall retire together at the end of such term on the day of the ordinary election of district councillors.

(6) A person elected to the office of councillor at an election held under the provisions of section 9 or 10 of this Act shall hold office only until the day of the next ordinary election.

Textual Amendments

F3 Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(a)

Marginal Citations

M1 1983 c. 2.

5 Electoral divisions and wards. S

(1) For the purpose of the election of councillors—

(a) every region and every islands area shall be divided into electoral divisions; and

(b) every district shall be divided into wards;

and each such division or ward shall return one councillor.

(2) There shall be a separate election for each electoral division or ward.

F4 6–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F4 Ss. 6–10 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II

11 Establishment of new local authorities and supplementary provisions. S

(1) Schedule 2 to this Act shall have effect with respect to the establishment of the new local authorities, the suspension of elections of existing local authorities and related matters, and this Part of this Act shall have effect, in relation to such establishment, subject to the provisions of that Schedule.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(3) Schedule 3 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the . . . F6 enactments relating to parliamentary . . . F6 elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 S. 11(2)(4) repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I

F6 Words repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I

Part II S Changes in Local Government Areas

Modifications etc. (not altering text)

C1 Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3)

Proposals by Local Government Boundary Commission for Scotland S

12 Local Government Boundary Commission for Scotland. S

(1) There shall be a Local Government Boundary Commission for Scotland (in this Part of this Act referred to as “the Boundary Commission”) who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 4 to this Act shall have effect with respect to the Boundary Commission.

13 Proposals for changes in local government areas. S

The Boundary Commission may, in consequence of a review conducted by them under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):

(a) the alteration of a local government area;

(b) the constitution of a new local government area;

(c) the abolition of a local government area;

(d) a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a “substantive change”) which is independent of any change in local government areas so proposed.

Modifications etc. (not altering text)

C2 S. 13 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

14 Duty and power to review local government areas. S

(1) Subject to sections 15 and 16 of this Act, it shall be the duty of the Boundary Commission, not less than ten nor more than fifteen years after 16th May 1975 and thereafter at intervals of not less than ten nor more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas 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.

(2) Without prejudice to subsection (1) above, the Boundary Commission may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering 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.

(3) If the Boundary Commission receive a request from a local authority or from any person that they should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to the Commission to have an interest, the Commission shall consider the request.

(4) In any case where the Secretary of State has made an order under section 1 of the M2 New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the Boundary Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering 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.

Marginal Citations

M2 1968 c. 16.

15 Powers of Secretary of State in relation to reviews. S

(1) The Secretary of State may by direction given to the Boundary Commission vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases.

(2) Subject to section 16 of this Act, the Secretary of State may direct the Boundary Commission to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas 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.

(3) The Secretary of State may direct the Boundary Commission not to undertake during a specified period a review of any one or more local government areas or parts of such areas which they have the duty or power to review under section 14 of this Act.

(4) The Secretary of State may give directions to the Boundary Commission for their guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(5) A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(6) The Secretary of State may give directions to the Boundary Commission with respect to the order in which areas are to be reviewed by them under sections 14 and 15(2) of this Act.

Modifications etc. (not altering text)

C3 S. 15. power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

16 Substantive changes in electoral arrangements. S

(1) No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the Boundary Commission not less than ten nor more than fifteen years after the submission of the report on the initial review of electoral arrangements for a local government area under Schedule 5 to this Act and thereafter, so far as is reasonably practicable, at intervals of not less than ten nor more than fifteen years from the submission of the last report of the Commission under this subsection in relation to that area, to review the electoral arrangements for that area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make, and the Commission shall formulate any such proposals accordingly.

(3) Without prejudice to subsection (2) above, the Boundary Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and the Commission shall formulate any such proposals accordingly.

17 Commission’s reports and their implementation. S

(1) Where the Boundary Commission have—

(a) in accordance with section 14 or 15 of this Act been conducting a review of any area; or

(b) in accordance with section 16 of this Act been conducting a review of electoral arrangements,

on which they have a power or duty to formulate proposals to the Secretary of State, and in either case the Commission are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it, they shall, not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16 of this Act, submit a report to him on the review or that part, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Boundary Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Boundary Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make a report to him containing revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Where, following the submission of any report by the Commission under this section, the Secretary of State decides to make an order thereunder which abolishes or alters the boundaries of any local government area, he shall lay any such report before Parliament together with the order, and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either house of Parliament.

Modifications etc. (not altering text)

C4 S. 17 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

Conduct of Reviews S

18 Procedure for reviews. S

(1) Where the Boundary Commission propose to conduct a review under the foregoing provisions of this Part of this Act, they shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2) In conducting any such review, the Boundary Commission shall—

(a) consult—

(i) the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to them to be concerned;

(ii) any bodies representative of staff employed by local authorities who have asked the Boundary Commission to consult them; and

(iii) such other persons as they think fit;

(b) take such steps as they think fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;

(c) in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d) take into consideration any representation made to them within that period.

(3) Where the Boundary Commission make a report under this Part of this Act they shall—

(a) take such steps as they think fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;

(b) in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to any proposals contained in the report, or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

(4) Subject to the foregoing provisions of this section, the procedure of the Boundary Commission in conducting any review under this Part of this Act shall be such as they may determine.

Modifications etc. (not altering text)

C5 S. 18 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

19 Local inquiries. S

(1) The Boundary Commission may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2) Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Boundary Commission.

Modifications etc. (not altering text)

C6 S. 19 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

Supplementary Provisions S

20 Initial review of areas and electoral arrangements. S

Schedule 5 to this Act shall have effect with respect to the initial review of local government areas and electoral arrangements.

21 Delegation of functions of Commission. S

(1) The Boundary Commission may appoint one or more members of the Commission—

(a) to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and

(b) to report to the Commission accordingly.

(2) At the request of the Boundary Commission the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above—

(a) shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b) shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of [F7 the Treasury].

Textual Amendments

F7 Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5)

Modifications etc. (not altering text)

C7 S. 21 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6))

22 Restriction on promotion of private legislation for changing local government areas, etc. S

No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

23 Change of name of region, islands area or district. S

F8 (1)... the council of a region, islands area or district may, by a resolution passed by [F9 not less than two-thirds of the members voting thereon] at a meeting of the council specially convened for the purpose with notice of the object, change the name of the region, islands area or district.

(2) Notice of any change of name made under this section—

(a) shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and

(b) shall be published in such manner as the Secretary of State may direct.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F8 Words "Subject to subsection (4) below" repealed by Local Government (Miscellaneous Provisions)(Scotland) Act 1981 (c.23), s.25 Sch. 2 para. 30(1)(a)(i)(2), Sch 4 (by Sch 2 para 30(2) it is provided that para 30(1) and, in so far as relating to s,23, Sch 4 to that Act have no effect as regards a case where consent to a change of name has been applied for before 11.6.1981 for the purposes of s. 23(4)

F9 Words substituted for words “a majority of the whole number of the members of the council” by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 30(1)(a)(ii)(2) (by Sch. 2 para. 30(2) it is provided that para. 30(1) has no effect as regards a case where consent to a change of name has been applied for before 11.6.1981 for the purposes of s. 23(4))

F10 S. 23(4) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 30(1)(b)(2), Sch. 4 (by Sch. 2 para. 30(2) it is provided that para. 30(1) and, in so far as relating to s. 23, Sch. 4 to that Act have no effect as regards a case where consent to a change of name has been applied for before 11.6.1981 for the purposes of s. 23(4))

Modifications etc. (not altering text)

C8 S. 23 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

24 Consequential and transitional arrangements relating to Part II. S

(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to—

(a) the name of any altered area;

(b) the constitution and election of public bodies in any area affected by the order;

(c) the retiral of existing councillors for electoral areas which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral areas, and the first election of councillors for any new or altered electoral areas;

(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order;

(f) the register of electors to be used at any election of regional, islands or district councillors for any electoral area affected by the order.

(6) In this section and in section 25 of this Act, “public body” means a local authority, joint board or joint committee.

25 Transitional agreements as to property and finance. S

(1) Subject to any regulations made under section 24 of this Act and to the provisions of any order made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2) The agreement may provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b) for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c) for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3) In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the M3 Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.

(4) Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.

(5) Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.

Modifications etc. (not altering text)

C9 S. 25 extended (6.4.1995) by 1994 c. 39, s. 181(7); S.I. 1995/702, art. 4(1), Sch. 2 para. 32

Marginal Citations

M3 1972 c. 59.

26 Variation and revocation of orders under Part II. S

(1) The power conferred by section 233 of this Act to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2) When the Secretary of State proposes to make any such varying or revoking order he shall prepare a draft of the order, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.

(3) The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make an order either in the form of the draft or subject to modifications.

(4) The Secretary of State may cause a local inquiry to be held with respect to a draft order under this section.

(5) In this section “supplementary provision” means any such provision as could be made by an order under this part of this Act by virtue of section 24 or 215 of this Act.

27 Consultation with Boundary Commission on schemes for community councils. S

In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult the Boundary Commission on any matter relating to the boundaries of the area of a community council.

28 Supplementary. S

(1) In this Part of this Act—

• “electoral arrangements” means, in relation to a local government area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of the councillors, and the designation of any electoral area;

• “local government area” means a region, islands area or district;

• “substantive change” has the meaning assigned to it by section 13(d) of this Act.

(2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State and the Boundary Commission shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of section 5 of this Act.

(3) Nothing in this Part of this Act shall affect, nor shall anything done thereunder affect, the area of the registration district for which a registrar is required to be appointed under the M4 Registration of Births, Deaths and Marriages (Scotland) Act 1965 or the provisions of that Act relating to registration districts.

Marginal Citations

M4 1965 c. 49.

Part III S General Provisions as to Members of Local Authorities and Proceedings

Qualifications and disqualifications S

29 Qualifications for nomination, election and holding office as member of local authority. S

(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 21 years, is a British subject or a citizen of the Irish Republic and not subject to any legal incapacity and—

(a) is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or

(b) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or

(c) his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or

(d) has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.

(2) In subsection (1) above, “owner” includes heir of entail in possession, liferenter and beneficiary entitled under any trust to the rents and profits of land or other premises, and does not include fiar of land or other premises subject to a liferent, or tutor, curator, judicial factor or commissioners.

Modifications etc. (not altering text)

C10 S. 29 modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 3 (with s. 7(2)); S.I. 1994/2850, art. 2, Sch. 2

S. 29 applied (temp) by S.I. 1994/3255, art. 3, Sch. I para. 1

30 Re-election. S

A person ceasing to hold office to which he is elected under this Act shall, unless he is not qualified or is disqualified, be eligible for re-election.

Modifications etc. (not altering text)

C11 S. 30 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

31 Disqualifications for nomination, election and holding office as member of local authority. S

(1) Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—

(a) he or a partner of his holds any paid office or employment (other than the office of chairman [F11 or vice-chairman]) or other place of profit in the gift or disposal—

(i) of the authority; or

(ii) of any joint committee . . . F12 the expenses of which are defrayed in part by the authority; or

(b) he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or

(c) he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(d) he is disqualified for being elected or for being a member of that authority under Part III of the [F13 Representation of the M5 People Act 1983].

[F14 (1A) A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of chairman or vice-chairman of the board) or other place of profit in the gift or disposal of the board.]

(2) Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—

(a) the sequestration of his estate is recalled or reduced; or

[F15 (b) he is discharged under or by virtue of the Bankruptcy (Scotland) Act 1985.]

(3) Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—

(a) if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b) if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and

(c) if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.

(4) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the M6 Transport Act 1962) of, the Passenger Transport Executive for an area which falls within a region shall be disqualified for being elected or being a member of the council of that region.

Textual Amendments

F11 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 13

F12 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 1(4)(a), 194(4), Sch. 12 Pt. II

F13 Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(b)

F14 S. 31(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 1(4)(b)

F15 S. 31(2)(b) substituted by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(1), Sch. 7 para. 12

Modifications etc. (not altering text)

C12 S. 31(1)(2)(3) applied (temp.) by S.I. 1994/3255, art. 3, Sch. I para. 1

Marginal Citations

M5 1983 c. 2.

M6 1962 c. 46.

Valid from 20/01/2005

[F16 31A Disqualification of officers, employees etc. from remaining members of local authority S

(1) A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.

(2) A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.

(3) A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.

(4) In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).

(5) In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).

(6) This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).]

Textual Amendments

F16 S. 31A inserted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(2), 17(2); S.S.I. 2004/558, art. 2

32 Proceedings for disqualification. S

(1) Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authority may be instituted before the sheriff principal by any opposing candidate at the election.

(2) Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned.

(3) Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue.

(4) Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may—

(a) make a declaration to that effect and declare that the office in which the person has acted is vacant;

(b) grant interdict against the person so acting;

(c) order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit.

(5) Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting.

(6) The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.

(7) For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority.

Modifications etc. (not altering text)

C13 S. 32 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

33 Validity of acts done by unqualified persons. S

The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.

Modifications etc. (not altering text)

C14 S. 33 applied (temp.) by S.I. 1994/3255, art. 3, Sch. I para. 1

[F17 Acceptance of Office S

Textual Amendments

F17 S. 33A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 30(1)

33A Declaration of acceptance of office of councillor. S

(1) A person elected to office as a councillor of a local authority shall not, unless—

(a) he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and

(b) the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,

act in the office except for the purpose of taking such a declaration.

(2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3) The declaration shall be made before either—

(a) two members of the local authority to which the declarant is elected; or

(b) the proper officer of the local authority; or

(c) the sheriff; or

(d) a justice of the peace.

(4) Any person before whom a declaration is authorised to be made under this section may take the declaration.]

Modifications etc. (not altering text)

C15 S. 33A amended by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 31(7)

C16 S. 33A applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

Resignation and Vacation of Office S

34 Resignation. S

A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect.

Modifications etc. (not altering text)

C17 S. 34 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

35 Vacation of office by failure to attend meetings. S

(1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority.

(2) Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(3) A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.

Modifications etc. (not altering text)

C18 S. 35 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

36 Casual vacancies. S

For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a) in the case of death, on the date of death;

(b) in the case of resignation, the date on which the notice of resignation takes effect;

(c) in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal or the date of the determination of any appeal;

(d) in the case of a full number of members of a local authority not being elected at an election, the [F18 day on which the poll was held at] the election;

(e) in the case of an election being declared void on an election petition, the date of the decision of the election court;

(f) in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.

Textual Amendments

F18 Words in s. 36(d) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(4)(6)

Modifications etc. (not altering text)

C19 S. 36 applied (temp.) by S.I. 1994/3255, art. 3, Sch. I para. 1

37 Filling of casual vacancies. S

(1) On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the [F19 day on which the poll is to be held at the] election to fill the vacancy shall be fixed by the returning officer.

(2) Where a casual vacancy in any such office occurs within six months before the date of the next ordinary election, an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

(3) A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election.

Textual Amendments

F19 Words in s. 37(1) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(5)(6)

Modifications etc. (not altering text)

C20 S. 37(1)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1

Restrictions on voting S

38 Disability of members of authorities for voting on account of interest in contracts, etc. S

(1) Subject to the provisions of section 60 of this Act, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting, and as soon as practicable after its commencement, disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(2) If any person fails to comply with the provisions of subsection (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding [F20 level 4 on the standard scale] unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.

(3) A local authority may, by standing orders, provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.

(4) The following, that is to say—

(a) the receipt by the chairman [F21 or vice-chairman] of a council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;

(b) the receipt by a member of a local authority of an allowance or other payment under any provision of sections 45 to 48 of this Act [F22 or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989] or his right to receive, or the possibility of his receiving, any such payment;

shall not be treated as a pecuniary interest for the purposes of this section.

Textual Amendments

F20 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F21 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 14

F22 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1), Sch. 11 para. 33

Modifications etc. (not altering text)

C21 S. 38 modified by Transport Act 1985 (c. 67, SIF 126), ss. 74(12), 104(2)

C22 S. 38(4)(a) applied (with modifications) (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

39 Pecuniary interests for purposes of section 38. S

(1) For the purposes of section 38 of this Act, a person shall be treated, subject to the following provisions of this section and to section 41 of this Act, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—

(a) he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.

(2) Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.

(3) In the case of married persons living together, the interest of one spouse shall, if known to the other, be deemed for the purpose of section 38 of this Act to be also an interest of the other.

Modifications etc. (not altering text)

C23 S. 39 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 39 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

40 General notices and recording of disclosures for purposes of section 38. S

(1) A general notice, given in writing to the proper officer of the authority by a member thereof, to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2) The proper officer of the authority shall record, in a book to be kept for the purpose, particulars of any disclosure made under section 38 of this Act and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any local government elector for the area of the local authority.

Modifications etc. (not altering text)

C24 S. 40 excluded (16.1.1990 to a certain extent and 8.5.1992 otherwise) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 19(4); S.I 1989/2445, art. 4; S.I. 1992/760, art.2.

C25 S. 40 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 40 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

41 Removal or exclusion of disability, etc. S

(1) The Secretary of State, as respects a member of any local authority, may, subject to such conditions as he may think fit to impose, remove any disability imposed by section 38 of this Act in any case in which the number of members of a local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.

(2) The power of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member, or any class or description of member, by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.

(3) Nothing in section 38 of this Act precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.

(4) Section 38 of this Act does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as [F23 a person who is liable to pay any of the community charges or community water charges imposed under the Abolition of Domestic Rates Etc. (Scotland) Act 1987 [F24 or any council tax or council water charge imposed under the Local Government Finance Act 1992] or who would be so liable but for any enactment or anything provided or done under any enactment or as] a ratepayer or inhabitant of the area, or as an ordinary consumer of water or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.

(5) For the purposes of section 38 of this Act, a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected, as mentioned in section 39 of this Act, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.

(6) Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £1,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, sections 38 and 39 of this Act shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose his interest.

Textual Amendments

F23 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 145, Sch. 6 para. 23

F24 Words in s. 41(4) inserted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para.35; S.I. 1993/575, art. 2(c)

Modifications etc. (not altering text)

C26 S. 41 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 41 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

C27 S. 41(1)-(3) extended (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 112(4).

C28 S. 41(1)-(3) applied (1.4.1996) by 1994 c. 39, ss. 74(4), 82(4); S.I. 1996/323, art. 4(1)(a), Sch. 1

42 Interpretation of sections 39 and 41. S

[F25 (1) In sections 39 and 41 of this Act “securities” means—

(a) investments falling within any of paragraphs 1 to 6 of Schedule 1 to the Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or

(b) rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the Industrial and Provident Societies Act 1965 or any building society within the meaning of the Building Societies Act 1986.]

(2) In section 39 of this Act, “public body” includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, or college, school or hall of a university, college of education or central institution or of any institution established under [F26 section 77(2) of the M7 Education (Scotland) Act 1980] and the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the M8 National Trust for Scotland Order Confirmation Act 1935.

In this subsection, “college of education” and “central institution” have the meanings assigned to them by [F26 section 135(1) of the said Act of 1980].

Textual Amendments

F25 S. 42(1) substituted by Financial Services Act 1986 (c. 60, SIF 69), s. 212(2), Sch. 16 para. 9

F26 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44), Sch. 3 para. 1

Modifications etc. (not altering text)

C29 S. 42 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 42 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

Marginal Citations

M7 1980 c. 44.

M8 1935 c. ii.

Meetings and proceedings S

43 Meetings and proceedings of local authorities. S

The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees.

Modifications etc. (not altering text)

C30 S. 43 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

F27 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F27 S. 44 repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3

Allowances to members of local authorities and other bodies S

F28 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 S. 45 repealed (1.4.1991) with savings in s. 45(4) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 2(1); S. 45 expressed to be amended (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 and s. 45(4) expressed to be amended (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

F29 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F29 S. 45A repealed (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii)

46 Travelling allowance and subsistence allowance. S

(1) Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel [F30 or subsistence] for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.

F31 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(1)

F31 S. 46(2) repealed by Local Government, Planning and Local Act 1980 (c. 65), Sch. 34 Pt. XVI

Modifications etc. (not altering text)

C31 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C32 S. 46 extended by Social Work (Scotland) Act 1968 (c. 49), Sch. 3 para. 8 (as substituted by Local Government (Scotland) Act 1975 (c. 30), s. 33) and Education (Scotland) Act 1980 (c. 44), Sch. A1 para. 9 (as inserted by Education (Scotland) Act 1981 (c. 58), s. 1(2), Sch. 1)

C33 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

C34 S. 46 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 46 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

47 Allowances for attending conferences and meetings. S

(1) The following bodies, that is to say—

(a) any local authority;

(b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;

may pay any member of the authority or other body attending any such conference or meeting such [F32 allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.

(1A) payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed—

(a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and

(b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;

and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.]

(2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.

(3) In relation to a local authority, this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it.

[F33 (3A) In relation to any [F34 body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities] this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate—

(a) to the functions of the body; or

(b) to any functions of local authorities in which the body has an interest.]

(4) In relation to any other body to which this section applies, other than a water development board within the meaning of [F35 the M9 Water (Scotland) Act 1980], this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

(5) In relation to any water development board as aforesaid, this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any other person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in the opinion of the board relate to their functions.

Textual Amendments

F32 Words in s. 47(1) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34; S.I. 1991/344, art. 3(2)(a)

F33 S. 47(3A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(5)

F34 Words in s. 47(3A) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34(b); S.I. 1991/344, art. 3(2)(a)

F35 Words substituted by virtue of Water (Scotland) Act 1980 (c. 45), Sch. 9 para. 3

Modifications etc. (not altering text)

C35 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C36 S. 47 restricted by S.I. 1991/397, reg. 23

Ss. 45-50 restricted by S.I. 1991/397, reg. 26

S. 47 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

C37 S. 47 (except (5)) applied (temp.from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M9 1980 c. 45.

48 Payment of expenses of official and courtesy visits, etc. S

(1) Subject to subsection (2) below, a local authority may—

(a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;

(b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.

(2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 46 of this Act if the making of the visit had been an approved duty of that member.

Modifications etc. (not altering text)

C38 S. 48 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 48 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

C39 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C40 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

49 Provisions supplementary to sections 45 to 48. S

(1) Sections 45 to 47 of this Act shall apply to the following bodies—

(a) all local authorities;

F36 (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

F37 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38 (1A) Sections 45 to 47 of this Act shall apply to any local valuation panel or valuation appeal committee but as if the payments referred to in those sections were made by the valuation authority.]

[F39 (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 local authority or other 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 [F40 or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989].

Textual Amendments

F36 S. 49(1)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F37 S. 49(1)(f) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F38 S. 49(1A) added by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 46(b)

F39 S. 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

F40 Words 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)

C41 S. 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

C42 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C43 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

F41 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F41 S. 49A repealed (1.4.1991) with savings by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 3(1); S. 49A amended (1.4.1996) by 1995/3026, arts. 1(2), 13

50 Regulations as to allowances. S

(1) The Secretary of State may make regulations as to the manner in which sections 45 to 48 [F42 and 49A] of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—

(a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;

(b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;

(c) providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.

(2) A statutory instrument containing regulations under section 45 [F43 49 or 49A] of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F42 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(a)

F43 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(b)

Modifications etc. (not altering text)

C44 S. 50 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 50 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13

C45 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1)

C46 Ss. 45-50 restricted by S.I. 1991/397, reg. 26

[F44 Part IIIA S Access to Meetings and Documents of Local Authorities, Committees and Sub-Committees

Textual Amendments

F44 Pt. IIIA (ss. 50A–50K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), ss. 2(1), 3

Modifications etc. (not altering text)

C47 Pt. IIIA extended (with modifications.) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 12; S.S.I. 2000/312, art. 2

50A Admission to meetings of local authorities. S

(1) A meeting of a local authority shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.

(2) The public shall be excluded from a meeting of a local authority during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during consideration of that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.

(3) For the purposes of subsection (2) above, “confidential information” means—

(a) information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and

(b) information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;

and, in either case, the reference to the obligation of confidence is to be construed accordingly.

(4) A local authority may by resolution exclude the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of exempt information, as defined in section 50J below.

(5) A resolution under subsection (4) above shall—

(a) identify the proceedings, or the part of the proceedings, to which it applies; and

(b) state the description, in terms of Schedule 7A to this Act, of the exempt information giving rise to the exclusion of the public,

and where such a resolution is passed this section shall not require a meeting to be open to the public during proceedings to which the resolution applies.

(6) The following provisions shall apply in relation to a meeting of a local authority, that is to say—

(a) public notice of the time and place of the meeting shall be given by posting it at the offices of the authority three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;

(b) while the meeting is open to the public, the authority shall not have power to exclude members of the public from the meeting; and

(c) where the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the authority or not connected to a public telecommunications system, for transmitting the report by means of such a system at their own expense.

(7) Nothing in this section shall require a local authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(8) This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.

Modifications etc. (not altering text)

C48 S. 50A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50B Access to agenda and connected reports. S

(1) Copies of the agenda for a meeting of a local authority and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the authority in accordance with subsection (3) below.

(2) If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during consideration of which, in his opinion, the meeting is likely not to be open to the public.

(3) Any document which is required by subsection (1) above to be open to inspection shall be so open at least three clear days before the meeting, except that—

(a) where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and

(b) where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item shall be open to inspection from the time the item is added to the agenda;

but nothing in this subsection or subsection (1) above requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the authority.

(4) An item of business may not be considered at a meeting of a local authority unless either—

(a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b) by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

(5) Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—

(a) every copy of the report or of the part shall be marked “Not for publication”; and

(b) there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 7A to this Act, of the exempt information by virtue of which the authority are likely to exclude the public during consideration of the item to which the report relates.

(6) Where a meeting of a local authority is required by section 50A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.

(7) There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—

(a) a copy of the agenda for a meeting of a local authority and, subject to subsection (8) below, a copy of each of the reports for the meeting;

(b) such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and

(c) if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the authority in connection with the item.

(8) Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.

Modifications etc. (not altering text)

C49 S. 50B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50C Inspection of minutes and other documents after meetings. S

(1) After a meeting of a local authority the following documents shall be open to inspection by members of the public at the offices of the authority until the expiration of the period of six years beginning with the date of the meeting, namely—

(a) the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of the proceedings during which the meeting was not open to the public as discloses exempt information;

(b) where applicable, a summary under subsection (2) below;

(c) a copy of the agenda for the meeting; and

(d) a copy of so much of any report supplied to members of the authority for the meeting as relates to any item during consideration of which the meeting was open to the public.

(2) Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.

Modifications etc. (not altering text)

C50 S. 50C applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50D Inspection of background papers. S

(1) Subject, in the case of section 50C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a local authority are required by section 50B(1) or 50C(1) above to be open to inspection by members of the public—

(a) copies of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and

(b) at least one copy of each of the documents included in that list,

shall also be open to such inspection at the offices of the authority.

(2) Subsection (1) above does not require a copy of the list, or of any document included in the list, to be open for inspection after expiration of the period of four years beginning with the date of the meeting.

(3) Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.

(4) Nothing in this section—

(a) requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or

(b) without prejudice to the generality of subsection (2) of section 50A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.

(5) For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which—

(a) disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and

(b) have, in his opinion, been relied on to a material extent in preparing the report,

but do not include any published works.

Modifications etc. (not altering text)

C51 S. 50D applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50E Application to committees and sub-committees. S

(1) Sections 50A to 50D above shall apply in relation to—

(a) a committee or sub-committee of a local authority, and

(b) a committee (not falling within paragraph (a) above) constituted under an enactment specified in section 56(9) below or a sub-committee of such a committtee,

as they apply in relation to a local authority.

(2) In the application by virtue of this section of sections 50A to 50D above in relation to a committee or sub-committee—

(a) section 50A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent authority and if the meeting of the committee or sub-committee to which that section so applies is to be held at premises other than the offices of such an authority, at those premises; and

(b) for the purposes of section 50A(6)(c), premises belonging to a constituent authority shall be treated as belonging to the committee or sub-committee; and

(c) for the purposes of sections 50B(1), 50C(1) and 50D(1), offices of any constituent authority shall be treated as offices of the committee or sub-committee.

(3) Any reference in subsection (2) above to a constituent authority is a reference to a local authority which (whether alone or with one or more other local authorities) appointed the committee or, in the case of a sub-committee, appointed the committee of which that body is a sub-committee.

Modifications etc. (not altering text)

C52 S. 50E applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50F Additional rights of access to documents for members of local authorities. S

(1) Any document which is in the possession or under the control of a local authority and contains material which relates to any business to be transacted or proceedings at a meeting of—

(a) the authority or of a committee or sub-committee of the authority; or

(b) a statutory committee appointed by the authority, or any sub-committee of that committee,

shall, subject to subsection (2) below, be open to inspection by any member of the authority and, in the case of a committee or sub-committee, by any other member of the committee or sub-committee.

(2) Where it appears to the proper officer that a document discloses exempt information of a description for the time being falling within any of paragraphs 1 to 5, 7, 9, 11, 12 and 14 of Part I of Schedule 7A to this Act, subsection (1) above does not require the document to be open to inspection.

(3) The Secretary of State may by order amend subsection (2) above—

(a) by adding to the descriptions of exempt information to which that subsection refers for the time being; or

(b) by removing any description of exempt information to which it refers for the time being.

(4) Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The rights conferred by this section on a member of a local authority are in addition to any other rights he may have apart from this section.

Modifications etc. (not altering text)

C53 S. 50F applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50G Local authorities to publish additional information. S

(1) A local authority shall maintain a register stating—

(a) the name and address of each member of the authority for the time being and the electoral division or ward which he represents; and

(b) the name and address of every member of each committee or sub-committee of the authority for the time being.

(2) A local authority shall maintain a list—

(a) specifying those powers of the authority which, for the time being, are exercisable from time to time by officers of the authority in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and

(b) stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;

but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.

(3) There shall be kept at the offices of every local authority a written summary of the rights—

(a) to attend meetings of the authority and of committees and sub-committees of the authority, and

(b) to inspect and copy documents and to be furnished with documents,

which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.

(4) The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the authority.

Modifications etc. (not altering text)

C54 S. 50G applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50H Supplemental provisions and offences. S

(1) A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours—

(a) in the case of a document open to inspection by virtue of section 50D(1) above, upon payment of such reasonable fee as may be required for the facility; and

(b) in any other case, without payment.

(2) Where a document is open to inspection by a person under any provision of this Part, the person may, subject to subsection (3) below—

(a) make copies of or extracts from the document,

(b) require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,

upon payment of such reasonable fee as may be required subject to any provision to the contrary in any other enactment or instrument.

(3) Subsection (2) above does not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a local authority, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.

(4) If, without reasonable excuse, a person having the custody of a document which is required by section 50B(1) or 50C(1) above to be open to inspection by the public—

(a) intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extract from, the document, or

(b) refuses to furnish copies to any person entitled to obtain them under any provision of this Part,

he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) Where any accessible document for a meeting to which this subsection applies—

(a) is supplied to, or open to inspection by, a member of the public, or

(b) is supplied for the benefit of any newspaper, in pursuance of section 50B(7) above,

the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.

(6) Subsection (5) above applies to any meeting of a local authority and any meeting of a committee or sub-committee as is mentioned in paragraph (a) or (b) of section 50E(1) above; and for the purposes of that subsection the “accessible documents” for a meeting are the following—

(a) any copy of the agenda or of an item included in the agenda for the meeting;

(b) any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 50B(7)(b) above;

(c) any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 50B(7)(c) above;

(d) any copy of the whole or part of a report for the meeting;

(e) any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 50D above.

(7) The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.

Modifications etc. (not altering text)

C55 S. 50H applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50J Exempt information. S

(1) The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 7A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of that Schedule.

(2) The Secretary of State may by order vary Schedule 7A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.

(3) Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Modifications etc. (not altering text)

C56 S. 50J applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

50K Interpretation and application of Part IIIA. S

(1) In this Part—

• “copy”, in relation to a document, includes a copy made from a copy;

• “exempt information” has the meaning given by section 50J above;

• “information” includes an expression of opinion, any recommendations and any decision taken;

• “newspaper” includes—

  (a)

  a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; and

  (b)

  any organisation which is systematically engaged in collecting news—

  (i)

  for sound or television broadcasts; or

  (ii)

  for programmes to be included in a cable programme service which is or does not require to be licensed.

(2) References in this Part to a committee or sub-committee, in relation to a local authority, shall be construed in accordance with the following provisions—

(a) references to a committee of a local authority are references to a committee appointed under section 57 below by the authority or by two or more local authorities of which one is that authority and references to a sub-committee of a local authority are references to a sub-committee appointed by such a committee under that section; and

(b) references to a statutory committee appointed by a local authority are references to a committee constituted under an enactment specified in section 56(9) below other than a committee constituted under the enactment specified in paragraph (d) of that section and appointed by the authority or by two or more local authorities of which that authority is one and references to a sub-committee of such a statutory committee shall be construed accordingly.

(3) Any reference in this Part to a meeting is a reference to a meeting commenced after the 1st April 1986.

Modifications etc. (not altering text)

C57 S. 50K applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part IV S Community Councils

Modifications etc. (not altering text)

C58 Pt. IV extended by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 1(1)

51 Establishment and general purpose of community councils. S

(1) Every local authority within the meaning of this Part of this Act shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.

(2) In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.

(3) In this Part of this Act, except subsection (2) above, “local authority” means an islands council or district council.

52 Schemes. S

(1) Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.

(2) After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—

(a) a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;

(b) where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;

(c) provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;

(d) provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and

(e) such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.

(3) The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.

(4) After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.

(5) The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.

(6) After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.

(7) Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.

53 Amendment of schemes. S

(1) Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.

[F45 (2) The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with—

(a) the notified proposals; or

(b) those proposals as amended to take account of any such representations:

Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.

(3) A decision of the local authority—

(a) to review, under subsection (1) above; or

(b) to amend, under subsection (2) above,

a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.]

F46 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45 S. 53(2)(3) substituted for s. 53(2)–(4) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(1) by Sch. 2 para. 3(2) it is provided that para. 31(1) has no effect as regards the operation of s. 53 in relation to proposals which were submitted to the Secretary of State before 11.6.1981 under s. 53(3))

F46 S. 53(4) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(2), Sch. 4 (by Sch. 2 para. 31(2) it is provided that para. 31(1) and, in so far as relating to s. 53, Sch. 4 to that Act have no effect as regards the operation of s. 53 in relation to proposals which, before 11.6.1981, were submitted to the Secretary of State under s. 53(3))

F47 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F47 S. 54 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

55 Assistance to community councils. S

F48 . . . islands and district councils may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.

Textual Amendments

F48 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Part V S Internal Organisation

Modifications etc. (not altering text)

C59 Pt. V (ss. 56-68): Power to apply conferred (6.4.1995) by 1994 c. 39, s. 27(9); S.I. 1995/702, art. 4(1), Sch. 2 para. 9 (with s. 7(2))

Discharge of functions S

F49 56 Arrangements for discharge of functions by local authorities. S

(1) Subject to any 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 functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.

[F50 (2) Where by virtue of this section any function of a local authority may be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—

(a) the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and

(b) the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.]

(3) Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (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 the arrangement relating to the functions; and

(b) that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.

(4) Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

(5) Two or more local authorities may discharge any of their functions jointly 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 subsection (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.

[F51 (6) A local authority’s functions with respect to—

(a) determining a rate;

(b) setting an amount of council tax in accordance with section 93(1) of the Local Government Finance Act 1992, or setting a reduced amount of council tax under section 94 of that Act or paragraph 3 of Schedule 7 to that Act;

(c) setting an amount of council water charge in accordance with paragraph 9 of Schedule 11 to the Local Government Finance Act 1992; or

(d) borrowing money,

shall be discharged only by the authority.]

(7) A local authority shall not make arrangements under this section for the discharge of any of their functions under [F52 the M10 Animal Health Act 1981] by any other local authority.

(8) Any enactment, except one mentioned in subsection (9)

below, which contains any provision—

(a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9) The following enactments are exempted from subsection (8)

above—

(a) section 36 of the M11 Fire Service Act 1947 so far as relating to administration schemes;

(b) sections 19, 20, 21 and 21A of the M12 Police (Scotland) Act 1967 (amalgamation schemes);

(c) section 2 of the M13 Social Work (Scotland) Act 1968 (social work committees);

(d) paragraph 3 of Schedule 3 to the said Act of 1968 (children’s panel advisory committees);

(e) section 7 of the M14 Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);

(f) section 9 of the said Act of 1972 (superannuation of teachers).

(10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

(11)—(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(14) References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(15) Nothing in this section affects the operation of the M15 Local Authorities (Goods and Services) Act 1970.

Textual Amendments

F49 S. 56 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

F50 S. 56(2) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 32

F51 S. 41(6) substituted (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para.36; S.I. 1992/2183, art. 2(c) (with art. 3).

F52 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F53 S. 56(11)–(13) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

Modifications etc. (not altering text)

C60 S. 56 excluded by Lotteries and Amusements Act 1976 (c. 32), s. 6(3).

C61 S. 56 excluded by Local Government and Housing Act (c. 42, SIF: 81:1, 2), ss. 4(5), 5(5)

C62 S. 56 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3, otherwise (prosp.)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2)

C63 S. 56(1) extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1); excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 117(6)

C64 S. 56(5): Power to direct conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(1)(b) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

S. 56(5): Power to restict conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

Marginal Citations

M10 1981 c. 22.

M11 1947 c. 41.

M12 1967 c. 77.

M13 1968 c. 49.

M14 1972 c. 11.

M15 1970 c. 39.

57 Appointment of committees. S

(1) For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—

(a) the authority may appoint a committee of the authority; or

(b) two or more local authorities may appoint a joint committee of those authorities; or

(c) any such committee may appoint one or more sub-committees.

(2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3) A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, [F54 but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.]

(4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

Textual Amendments

F54 Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 and otherwise prosp. (with saving)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 14(6)(8)(a), 194(4), 195(2), Sch. 12 Pt. II

Modifications etc. (not altering text)

C65 S. 57 excluded by Water (Scotland) Act 1980 (c. 45), s. 3(4)

C66 S. 57 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

58 Expenses of joint committees. S

The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in the case of disagreement, as may be determined by the Secretary of State.

Modifications etc. (not altering text)

C67 S. 58 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

59 Disqualification for membership of committees and joint committees. S

(1) Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.

(2) Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

Modifications etc. (not altering text)

C68 S. 59(1) applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

60 Disability for voting on account of interests in contracts, etc. S

Sections 38 to 42 of this Act shall apply as respects members of a committee or sub-committee of a local authority or of any joint committee appointed by two or more local authorities, whether the committee, sub-committee or joint committee are appointed under this Act or under any other enactment, as they apply in respect of members of local authorities, subject to the following modifications—

(a) as respects members of a committee or sub-committee, references to meetings of the committee or sub-committee shall be substituted for references to meetings of the local authority; and

(b) as respects members of a joint committee, references to meetings of the joint committee shall be substituted for references to meetings of the local authority.

Modifications etc. (not altering text)

C69 S. 60 applied (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch., s. 3, Sch. 1 Pt. I para.5

S. 60 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

61 Membership of bodies to cease on ceasing to be member of authority. S

Where a local authority by virtue of any enactment of instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.

Modifications etc. (not altering text)

C70 S. 61 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

62 Standing orders, etc. S

A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any sub-committee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

Modifications etc. (not altering text)

C71 S. 62 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Valid from 01/04/1996

[F55 62A Incorporation of joint committees. S

(1) Where—

(a) arrangements are made (whether under this Act or any other enactment) for two or more local authorities (in this Part of this Act referred to as “the relevant authorities”) to discharge any of their functions, or any functions in any area, jointly;

(b) the relevant authorities have—

(i) appointed, or propose to appoint, a joint committee to discharge those functions; and

(ii) advertised their proposals in accordance with subsection (2) below; and

(c) application is made, in writing, to the Secretary of State by the relevant authorities for the incorporation of that joint committee (or proposed joint committee) as a joint board to carry out those functions,

the Secretary of State may by order establish a joint board in accordance with this section to discharge those functions.

(2) Before applying to the Secretary of State under subsection (1)(c) above, the relevant authorities shall place in at least one daily newspaper circulating in their areas an advertisement—

(a) giving brief details of what they propose to do;

(b) giving an address to which representations about the proposal may be sent; and

(c) fixing a date, being not less than 8 weeks after the date on which the advertisement appears, within which representations may be made,

and they shall include with their application evidence that an advertisement has been placed.

(3) Where any representations are timeously made in response to an advertisement placed in accordance with subsection (2) above, the relevant authorities shall consider them and shall include with their application a statement that they have done so.

(4) An order under subsection (1) above shall delegate to the joint board such of the functions of the relevant authorities as may be specified in the order and may include provision with respect to—

(a) the constitution and proceedings of the joint board;

(b) matters relating to the membership of the joint board;

(c) the transfer to the joint board of any property, rights and liabilities of the relevant authorities;

(d) the transfer to the joint board of any staff of the relevant authorities;

(e) the supply of services or facilities by the relevant authorities to the joint board,

and may, without prejudice to the generality of paragraphs (a) to (e) above, apply (with or without modifications) any of the provisions of Part V of this Act to a joint board as those provisions apply to a joint committee.

(5) A joint board established under this section shall be a body corporate and shall have a common seal.

(6) An order under subsection (1) above shall be in terms agreed by the relevant authorities.

(7) An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F55 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

Valid from 01/04/1996

F56 62B Power of Secretary of State to establish joint boards. S

(1) Where the Secretary of State considers—

(a) that any functions, or any functions in any area, of the relevant authorities should be discharged jointly by those authorities; and

(b) that arrangements, or satisfactory arrangements, for the joint discharge of those functions—

(i) have not been made by the relevant authorities; or

(ii) have ceased to be in operation,

he may, after consulting the relevant authorities, by order establish a joint board in accordance with this section.

(2) Subsections (4) and (5) of section 62A of this Act shall apply to a joint board established under this section as they apply to a joint board established under that section with the substitution of a reference to subsection (1) of this section for the reference to subsection (1) of that section.

(3) No order shall be made under subsection (1) above unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

Textual Amendments

F56 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

Valid from 01/04/1996

F57 62C Further provisions relating to joint boards. S

(1) Where a joint board has been established by order under section 62A or 62B of this Act, the Secretary of State may by order provide—

(a) for excluding any functions, or any functions in any area, from those specified in the order establishing that joint board; and

(b) for the dissolution of the joint board.

(2) An order shall not be made under subsection (1) above unless the Secretary of State has consulted the relevant authorities.

(3) An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The power to make an order under this section or section 62A or 62B of this Act shall include power to make such transitional, incidental, supplemental or consequential provision as the Secretary of State thinks necessary or expedient.

(5) An order under this section or section 62A or 62B of this Act may, for the purpose of making such provision as is mentioned in subsection (4) above—

(a) apply with or without modifications;

(b) extend, exclude or amend; or

(c) repeal or revoke with or without savings,

any enactment or any instrument made under any enactment.

Textual Amendments

F57 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6

63 Application of foregoing provisions of Part V to police authorities and joint police committees. S

(1) Subsections (2) to (4) below shall have effect for the purposes of the application of the foregoing provisions of this Part of this Act to a local authority in relation to their functions as a police authority.

(2) A police authority may not arrange under section 56(1) of this Act for the discharge of any of their functions by another police authority or a district council.

(3) The following provisions of this Part of this Act shall not apply to a police authority—

(a) in section 56, subsections (3), (5) and (10),

(b) section 57(1)(b).

(4) Section 62 of this Act shall not apply in a case where a joint police committee are constituted by or under an amalgamation scheme made under Part I of the M16 Police (Scotland) Act 1967.

(5) Subsections (1) and (2) of section 56 of this Act shall apply to a joint police committee as they apply to a local authority except that—

(a) they may not arrange for the discharge of any of their functions by another joint police committee or a police authority or district council, or

(b) if the function relates to part only of the combined area in respect of which the committee are exercising functions, they may not arrange for the discharge of that function by any other person.

Marginal Citations

M16 1967 c. 77.

Valid from 01/04/1996

[F58 63A Sections 62A to 62C not to apply to fire authority. U.K.

Sections 62A to 62C of this Act shall not apply to a local authority in relation to their functions as a fire authority.]

Textual Amendments

F58 S. 63A inserted (1.4.1996) by 1994 c. 39, s. 180(1). Sch. 13 para. 92(16);S.I. 1996/323, art. 4(1)(c)

Staff S

64 Appointment etc. of staff. S

(1) Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.

(2) An officer appointed under subsection (1)

above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3) Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.

(4) Any enactment, except one mentioned in subsection (5)

below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

(5) The following enactments are excepted from subsection (4)

above—

(a) sections 18 and 19 of the M17 Fire Services Act 1947 (chief officers and members of fire brigades);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

[F60 (bb) section 9 of the Mental Health (Scotland) Act 1984 (appointment of mental health officers);]

(c) section 86 of the M18 Education (Scotland) Act 1962 (directors of education);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

(e) section 3 of the M19 Social Work (Scotland) Act 1968 (directors of social work);

(f) section 36 of the M20 Social Work (Scotland) Act 1968 (reporters); and

(g) section 67(3)(b) of the M21 Agriculture Act 1970 (agricultural analysts and deputies).

(6) Nothing in this section affects the operation of section 7 of the M22 Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the M23 Local Authorities (Goods and Services) Act 1970.

(7) Nothing in subsections (1)

and (2) above affects the operation of section 9 of the M24 Police (Scotland) Act 1967 (employees other than constables).

Textual Amendments

F59 S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

F60 S. 64(5)(bb) substituted by virtue of Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 21

F61 S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

Modifications etc. (not altering text)

C72 S. 64 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C73 S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2)

Marginal Citations

M17 1947 c. 41.

M18 1962 c. 47.

M19 1968 c. 49.

M20 1968 c. 49.

M21 1970 c. 40.

M22 1965 c. 49.

M23 1970 c. 39.

M24 1967 c. 77.

65 Placing of staff of local authorities at disposal of other local authorities. S

(1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2) For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.

Modifications etc. (not altering text)

C74 S. 65 extended (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 3; S.S.I. 2000/312, art. 2

C75 S. 65 applied (9. 5. 1991) by Tay Road Bridge Order Confimation Act 1991 (c. iv), s. 1, Sch. Pt. VIII s.63

S. 65 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

66 Security to be taken in relation to officers. S

(1) A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2) A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3) A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

Modifications etc. (not altering text)

C76 S. 66 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

67 Members of local authorities not to be appointed as officers. S

A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed by that authority to any paid office, other than to the office of chairman [F62 or vice-chairman].

Textual Amendments

F62 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 15

Modifications etc. (not altering text)

C77 S. 67 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

68 Disclosure by officers of interest in contracts. S

(1) If it comes to the knowledge of an officer employed whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.

(2) An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3) Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding [F63 level 4 on the standard scale].

(4) References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.

Textual Amendments

F63 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C78 S. 68 applied (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. civ), s. 1 Sch. Pt. III s.9

S. 68 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part VI U.K. Miscellaneous Powers of Local Authorities

Subsidiary powers S

69 Subsidiary powers of local authorities. S

(1) Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2) A local authority shall not by virtue of this section raise money, whether by means of rates or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(3) Without prejudice to section 53 of the M25 Countryside (Scotland) Act 1967 (contributions by or to local authorities), two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

[F64 (4) The foregoing provisions of this section are subject to those of section 154A(2) and (4) of this Act.]

Textual Amendments

F64 S. 69(4) added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 16

Modifications etc. (not altering text)

C79 S. 69 (except subsection (4)) applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M25 1967 c. 86.

Land transactions S

70 Acquisition of land by agreement. S

(1) For the purposes of—

(a) any of their functions under this or any other enactment, or

(b) the benefit, improvement or development of their area,

a local authority may acquire by agreement any land, whether situated inside or outside their area.

(2) A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority’s functions.

(3) For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the M26 Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the M27 Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the M28 Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.

(4) Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.

Modifications etc. (not altering text)

C80 S. 70 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 10(1), 335

C81 S. 70 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(a); S.I. 1994/2850, art. 3(a), Sch. 2

Marginal Citations

M26 1845 c. 19.

M27 1845 c. 33.

M28 1923 c. 20.

71 Acquisition of land compulsorily. S

(1) Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.

(2) A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3) Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—

(a) the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

(b) where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4) The M29 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

Modifications etc. (not altering text)

C82 S. 71 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(b); S.I. 1994/2850, art. 3(a), Sch. 2

C83 S. 71 applied (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 4, 90, Sch. 1 para. 2(2) (with s. 77); S.S.I. 2005/392, art. 2(k)

Marginal Citations

M29 1947 c. 42.

72 Title to land. S

The title to all land acquired by a local authority shall be taken in the corporate name of the authority.

73 Appropriation of land. S

(1) Subject to Part II of the M30 Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.

(2) A local authority may not exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection [F65 (3)] below except with the consent of the Secretary of State.

(3) The land to which subsection (2) above applies is [F66 land which] is held for use as allotments.

Textual Amendments

F65 Word substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(a)

F66 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(b)

Marginal Citations

M30 1959 c. 70.

74 Disposal of land. S

(1) Subject to Part II of the M31 Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.

[F67 (3) The foregoing provisions of this section shall apply in relation to a disposal of land by a water development board (as defined in section 109(1) of the M32 Water (Scotland) Act 1980) as they apply in relation to any such disposal by a local authority.]

Textual Amendments

F67 S. 74(3) added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 24

Modifications etc. (not altering text)

C84 S. 74 applied with modifications by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 12(9)(10), 335

C85 S. 74 excluded by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 43(4)

C86 S. 74 excluded (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 28(6) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch.1.

C87 S. 74(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(a)

Marginal Citations

M31 1959 c. 70.

M32 1980 c. 45

74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68 S

Textual Amendments

F68 S. 74A repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XIII

75 Disposal, etc., of land forming part of the common good. S

(1) The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.

(2) Where a local authority desire to dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to dispose of the land accordingly.

(3) The Court of Session or sheriff acting under subsection (2)

above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be disposed of other land to be used for the same purpose for which the former land was used.

76 Special provisions as to land acquired for public recreation from heir of entail. S

Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.

77 Payment of purchase or compensation money by one local authority to another. S

Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.

Buildings, contracts, etc. S

78 Power to erect buildings, etc. S

(1) Subject to subsection (2)below and section 94 of this Act, a local authority may, for the purpose of any of their functions or for the benefit or improvement of their area, erect buildings or execute any other works on any land belonging to them or, where they are satisfied that the terms of the lease of land are such as to make it prudent for them to do so, on land leased by them, or convert, alter, enlarge or improve any existing building or other works belonging to them or, where they consider it prudent, any existing building or other works let to them.

(2) Subsection (1)above shall not of itself authorise a local authority to do anything contrary to the conditions contained in the title to or lease of any such land or building or other works or authorise land held for one purpose to be used for another purpose.

Modifications etc. (not altering text)

C88 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

79 Provision of offices, etc. S

A local authority may acquire or provide and furnish and maintain halls, offices and other buildings, whether within or without the area of the authority, to be used for the purpose of transacting the business of the authority or the business of any other body for which the authority are required or authorised by or under any enactment to provide accommodation, or for the purpose of public meetings or assemblies.

Modifications etc. (not altering text)

C89 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

C90 S. 79 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

80 Interpretation of “functions”. S

For the purposes of the foregoing provisions of this Part of this Act, the functions of a local authority shall be deemed to include the provision of accommodation for any committee, court or other body which the authority are required or authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.

Modifications etc. (not altering text)

C91 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

81 Contracts of local authorities. S

(1) A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2) A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3) Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4) A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

(5) In this section the expression “contracts” includes, in relation to the execution of works, arrangements for the execution of those works by persons employed by the local authority.

Modifications etc. (not altering text)

C92 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2

C93 S. 81 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Private legislation S

82 Power of local authority to promote or oppose private legislation. S

(1) Subject to the provisions of this Act, where a local authority are satisfied that it is expedient to promote or oppose any private legislation in Parliament, the local authority may, in accordance with the procedure provided by this section, promote or oppose the same accordingly and may defray the expenses incurred in relation thereto.

(2) A resolution of a local authority to promote or oppose private legislation under subsection (1) above shall be—

(a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after ten clear days’ notice of the meeting and of its purpose has been given by advertisement in one or more newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and

(b) in the case of the promotion of private legislation, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936 and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the same.

(3) Where under section 2 of the Act of 1936, the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons are of opinion that provisions contained in a draft provisional order ought to be dealt with by private Bill and not by provisional order, the determination of the Chairmen shall forthwith be reported to the local authority concerned, and unless the authority resolve to proceed with the promotion of a private Bill dealing with the matters to which the said provisions relate or any of them, such a private Bill shall not be promoted, but if such a private Bill is to be promoted, the proceedings of the authority with respect to the promotion of a provisional order under this section shall be deemed to apply to the promotion of such a Bill.

(4) In ascertaining for the purpose of this section the whole number of members of a local authority, no account shall be taken of any vacancy which may at the time exist in the membership of the authority.

(5) No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing private legislation under this section.

(6) Nothing in this section shall affect the right of any local authority connected with the locality to which any draft provisional order referred to Commissioners under the Act of 1936 relates to make a report to the Commissioners respecting the provisions of the draft order.

(7) In this section—

• “Act of 1936” means the M33 Private Legislation Procedure (Scotland) Act 1936;

• “provisional order” means a provisional order under the Act of 1936;

• “private legislation in Parliament” and “private legislation” include a provisional order and the confirmation Bill relating thereto under the Act of 1936, and also any local or personal Bill.

Marginal Citations

M33 1936 c. 52.

Miscellaneous U.K.

83 Power of local authorities to incur expenditure for certain purposes not otherwise authorised. S

(1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment.

(2) It is hereby declared that [F69 , subject to subsection (3A) below,] the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority’s functions.

[F70 (2A) Without prejudice to the generality of subsection (1) above, the power of a local authority to incur expenditure under that subsection includes power to incur expenditure in giving financial assistance to persons carrying on commercial or industrial undertakings.

(2B) Financial assistance under subsection (2A) above may be given by lending or guarantee, or by making grants.]

[F71 (2C) A local authority may incur expenditure under subsection (1) above on publicity only by way of assistance to a public body or voluntary organisation where the publicity is incidental to the main purpose for which the assistance is given; but the following provisions of this section apply to expenditure incurred by a local authority under section 88 below on information as to the services provided by them under this section, or otherwise relating to their functions under this section, as they apply to expenditure incurred under this section.

(2D) In subsection (2C) above—

• “publicity” means any communication, in whatever form, addressed to the public at large or to a section of the public; and

• “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit.]

(3) A local authority may, subject as aforesaid, incur expenditure on contributions to any of the following funds, that is to say—

(a) the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b) the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or

(c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a chairman of a regional, islands or district council, a chairman of a community council, a lord-lieutenant or by a body of which any of these persons is a member [F72 or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972].

[F73 (3A) Where one of any two local authorities is a regional council and the other a district council, neither authority shall under the foregoing provisions of this section—

(a) incur; or

(b) unless invited to do so by the other authority, contribute towards defraying,

expenditure which the other authority are, either unconditionally or subject to any limitation or to the satisfaction of any condition, expressly authorised (or required) to incur by or by virtue of any enactment other than this section.]

(4) The expenditure of a local authority under this section in any financial year shall not exceed the product of a rate of 2p in the pound for their area for [F74 the financial year 1988-89] or, if some other amount, whether higher or lower, is fixed by an order made by the Secretary of State, shall not exceed the product of a rate of that amount in the pound for their area for [F74 the financial year 1988-89].

[F75 (4A) For the purpose of determining whether a local authority have exceeded the limit set out in subsection (4) above, their expenditure in any financial year under this section shall be taken to be the difference between their gross expenditure under this section for that year and the aggregate of the amounts specified in subsection (4B) below.

(4B) The amounts mentioned in subsection (4A) above are—

(a) any grant paid to the local authority for that year under the M34 Local Government Grants (Social Need) Act 1969, in so far as the grant is in respect of an activity in relation to which the authority have incurred expenditure in that year under this section;

(b) the amount of any repayment in that year of the principal of a loan for the purpose of financing expenditure under this section in any year;

(c) so much of any amount raised by public subscription as is spent in that year for a purpose for which the authority are authorised by their section to incur expenditure;

(d) any grant received by the authority for that year out of the European Regional Development Fund or the Social Fund of the European Economic Community, in so far as the grant is in respect of an activity in relation to which the authority incurred expenditure in that year under this section;

(e) the amount of any repayment in that year of a loan under this section made by the authority in any year; and

(f) the amount of any expenditure—

(i) which is incurred by the authority in that year in circumstances specified in an order made by the Secretary of State; or

(ii) which is incurred by the authority in that year and is of a description so specified; or

(iii) which is defrayed by any grant or other payment to the authority which is made in or in respect of that year and is of a description so specified.]

(5) A statutory instrument containing an order under [F76 this section] may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F77 (7) The accounts kept under section 96 of this Act by a local authority shall include a separate account of any expenditure incurred by the authority under this section.]

Textual Amendments

F69 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 6(a)

F70 S. 83(2A), (2B) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 50(a)

F71 S. 83(2C)(2D) inserted by Local Government Act 1986 (c. 10, SIF 81:1), ss. 3(3), 6

F72 Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 36(9)

F73 S. 83(3A) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 6(b)

F74 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 103:2), s. 6, Sch. 1 Pt. III para. 27

F75 S. 83(4A), (4B) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 50(b)

F76 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 50(c)

F77 S. 83(7) inserted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 9

Modifications etc. (not altering text)

C94 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52), s. 1(1)(b)

C95 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52, SIF 81:2), s. 1(1)(b)

Marginal Citations

M34 1969 c. 2.

84 Powers of local authorities with respect to emergencies or disasters. S

(1) Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a local authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the authority may—

(a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

(b) make grants or loans to other persons or bodies on conditions determined by the authority in respect of any such action taken by those persons or bodies.

(2) Where a local authority take any such action as aforesaid which will involve their incurring expenditure or make any such grant or loan, they shall as soon as practicable notify the Secretary of State of the action they have taken or of any grant or loan they have made, and the Secretary of State may direct them to cease taking that action or to take it only to such extent as he may specify in the direction or not to make any further grant or loan or to make one not exceeding such amount as he may specify.

(3) The power conferred by subsection (1)

above shall be in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

(4) In this section, “local authority” includes an existing local authority.

85 Acceptance of gifts of property. S

A local authority may accept, hold and administer—

(a) for the purpose of discharging any of their functions, gifts of property, whether heritable or moveable, made for that purpose; or

(b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

Modifications etc. (not altering text)

C96 S. 85 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

86 Insurance by local authorities against accidents to members. S

(1) A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

(2) Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member concerned.

(3) The provisions of the M35 Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of [F78 the M36 Insurance Companies Act 1982] to be a policy of insurance upon the happening of personal accidents.

(4) In this section, the expression “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.

Textual Amendments

F78 Words substituted by virtue Insurance Companies Act 1982 (c. 50), Sch. 4 para. 22

Modifications etc. (not altering text)

C97 S. 86 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 86 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

Marginal Citations

M35 1774 c. 48.

M36 1982 c. 50.

87 Research and the collection of information. S

(1) A council may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning their area or any part thereof and may make, or assist in the making of arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the area, any government department or the public.

(2) The appropriate Minister with respect to any matter may require a council to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the area of the council in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the area, but not the council, the council may require that other authority to furnish them with that information.

(3) In this section “council” means a regional or islands council.

Modifications etc. (not altering text)

C98 S. 87 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

88 Provision of information, etc., relating to matters affecting local government. S

(1) A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities [F79 mentioned in subsection (1B) below] or by government departments, or by charities and other voluntary organisations, and other information [F80 relating to the functions of the authority].

[F81 (1A) A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.]

[F82 (1B) The other authorities referred to above are any other local authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local authorities.]

(2) A local authority may—

(a) arrange for the publication within their area of information [F83 relating to the functions of the authority]; and

(b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

(c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

(d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

Textual Amendments

F79 Words inserted by Local Government Act 1986 (c. 10, SIF 81:1), ss. 3(1)(a), 6

F80 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), Pt. II ss. 3(1)(a), 6

F81 S. 88(1A) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(b), 6

F82 S. 88(1B) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(2), 6

F83 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(c), 6

Modifications etc. (not altering text)

C99 S. 88 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

89 Subscriptions to local government associations. S

A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

(b) of any association of officers or members of local authorities which was so formed.

Modifications etc. (not altering text)

C100 S. 89 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

90 Power to encourage visitors and provide conference and other facilities. S

(1) [F84 An islands or district council] may (either alone or jointly with any other person or body)—

(a) encourage persons, by advertisement or otherwise [F85 (and whether inside or outside the United Kingdom),] to visit their area for recreation, for health purposes or to hold conferences, trade fairs and exhibitions in their area; and

(b) provide, or encourage any other person or body to provide, facilities for recreation, conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

[F86 Provided that any power under this subsection to do anything outside the United Kingdom shall be exercisable only with the express or general consent of the Secretary of State or with the express consent of such body as he may direct the islands or district council to consult.]

[F87 (2) Without prejudice to subsection (1)

above, an islands or district council may contribute towards expenses incurred by any person in his doing (or body in their doing) anything mentioned in paragraph (a) or (b) of that subsection:

Provided that where such thing is done by the person (or body) outwith the United Kingdom the power conferred by the foregoing provision of this subsection shall be exercisable only with such consent as is mentioned in the proviso to that subsection.

(3) A regional council may contribute towards expenses incurred by any person in his doing (or body in their doing) anything mentioned in the said paragraph (a) or (b) if that council consider that the thing done is or would be of benefit to their area or to any part thereof.]

Textual Amendments

F84 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(a)(i)

F85 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(a)(ii)

F86 S. 90(1) proviso added by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(a)(iii)

F87 S. 90(2)(3) substituted for s. 92(2) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(1)(b)

[F88 90A Schemes involving collaboration in the promotion of tourism. S

After consultation with the Scottish Tourist Board, islands and district councils may prepare (or arrange for the preparation of) schemes, in which they may participate, providing for—

(a) the forming of organisations of such persons as carry on, or have powers or duties as regards, or appear to the councils (or the person preparing the scheme) to have an interest in, activities which relate to tourism; and

(b) the composition and functions of such organisations.]

Textual Amendments

F88 S. 90A inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 11(2)

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89 S

Textual Amendments

F89 S. 91 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

92 Transfer of securities on alteration of area, etc. U.K.

(1) Where any securities are standing in the books of a company in the name of a local authority the following provisions shall have effect—

(a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

(b) if by virtue of anything done under any provision of this Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of that other authority or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

(c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the Court of Session may on the petition of that other authority make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be.

(2) In this section, the expression—

• “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

• “securities” has the same meaning as in the M37 Prevention of Fraud (Investments) Act 1958.

Marginal Citations

M37 1958 c. 45.

Part VII S Finance

Modifications etc. (not altering text)

C101 Pt. VII (ss. 93-122) modified by S.I. 1975/930, regs. 2, 3 and Water (Scotland) Act 1980 (c. 45), s. 48(1)

Pt. VII (ss. 93-122) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. II para. 22(b)

Pt. VII (ss. 93-122) applied and power to modify conferred (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. II para. 23(b).

Pt. VII (ss. 93-122) extended (6.3.1992) by Local Government Act 1992 (c. 19), s. 29(1).

Pt. VII (ss. 93-122) applied (27.5.1997) by 1997 c. 8, ss. 261(3)(4), 278(2)

Funds, revenue and expenses S

93 General fund. S

(1) Every local authority shall have a general fund and, subject to subsection (2) below—

(a) all sums received by or on behalf of the authority shall be paid into that fund;

(b) all fees, commissions, discounts allowed on payment of accounts and expenses payable to or recovered by any officer of a local authority in respect of any business relating to the authority whether by reason of his office or otherwise shall be accounted for and paid into that fund;

and all sums payable by the authority shall be paid out of that fund.

(2) Subsection (1)

above shall not apply to sums received or payable—

(a) which relate to funds or property held by a local authority as trustees for any purpose under any deed of trust or other instrument;

(b) which, in the case of an islands or district council, relate to the common good of the islands area or district, as the case may be;

(c) with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.

Modifications etc. (not altering text)

C102 S. 93 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

94 Capital expenses. S

(1) It shall not be lawful for a local authority to incur any liability to meet capital expenses except with the consent of the Secretary of State, and the Secretary of State may, if he thinks fit, give his consent for the purposes of this section—

(a) subject to such conditions as may be specified in the consent;

(b) in relation to such project, or to such programme of works, or to such class of works, or to such amount, as may be so specified;

(c) in relation to expenses to be met by the authority within such financial year as may be so specified.

[F90 (1A) The giving of approval by a local authority as a Passenger Transport Authority to any proposal for expenditure referred to in section 15(1)(c) of the Transport Act 1968 shall be deemed for the purposes of this section to be an incurring of liability by the authority to meet capital expenses.]

[F91 (1B) The Secretary of State may—

(a) withdraw, or vary the terms of, a consent which he has, under subsection (1) above, given; or

(b) withdraw or vary any condition to which the giving of such consent was subject,

[F92 : Provided that, where the local authority have, by binding contract, incurred any liability to which the consent relates, a withdrawal or variation which would, but for this proviso, have the effect of rendering performance of an obligation under such contract impossible shall apply only to the extend (if any) that it does not have that effect.]]

(2) In this section [F93 “capital expenses” means any expenses which are to be charged to a capital account or which are otherwise of a capital nature irrespective of how they are financed.]

[F94 (3) The Secretary of State may by order (either or both)—

(a) amend the definition of “capital expenses” in subsection (2) above;

[F95 (b) provide that subsection (1) above shall, in the same manner as it applies to liabilities incurred in relation to capital expenses, apply to such other liabilities incurred in relation to a lease (or other contract, or arrangement, of a like nature) as may be specified in the order and, for the purposes of such application, prescribe a method for assigning a capital value to those other liabilities and prescribe circumstances in which such other liabilities shall be taken to arise.]

(4) An order made under subsection (3) above shall have no effect until approved by resolution of each House of Parliament.]

Textual Amendments

F90 S. 94(1A) added by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 47

F91 S. 94(1B) inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c.23), s. 26(a)

F92 S. 94(1B) proviso substituted for words by Local Government and Planning (Scotland) Act 1982 (c.43), Sch. 3 para. 17(a)

F93 Definition substituted by S.I. 1987/943, reg. 2

F94 S. 94(3)(4) added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 26(b)

F95 S. 94(3)(b) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 17(b)

Modifications etc. (not altering text)

C103 S. 94 modified by Transport Act 1985 (c. 67, SIF 126), ss. 77(1), 140

C104 S. 94 modified by Airports Act 1986 (c. 31, SIF 9), ss. 23(1), 85(4)

C105 S. 94 (except subsection 1A) applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

95 Financial administration. S

Without prejudice to section 69 of this Act, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.

Modifications etc. (not altering text)

C106 S. 95 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Accounts and audit S

96 Accounts and audit. S

(1) Every local authority shall keep accounts of all transactions relating to all funds of the authority and, subject to any provision contained in regulations made under section 105 of this Act, the accounts of the general fund of a local authority shall comprise such current, capital and borrowing accounts as may be necessary for the purpose of distinguishing transactions for different purposes.

(2) All accounts of a local authority shall be made up in respect of each financial year.

(3) Every local authority shall, in addition to preparing accounts in respect of any financial year, prepare in duplicate an abstract of the accounts for that year.

(4) The accounts of every local authority in respect of any financial year shall be audited by a professional accountant, who is either an officer of the [F96 Commission for Local Authority Accounts][F96 Accounts Commission for Scotland] or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.

[F97 (5) The financial year of a local authority shall be the period of twelve months ending with 31st March, so however that for the purposes of subsections (2) to (4) above, the first financial year or any local authority shall be the period beginning with the date on which the authority came into existence in accordance with the provisions of this Act and ending with 31st March 1976; and references in this Act and in any other enactment (whether passed or made before or after the passing of this Act) to the financial year of a local authority shall be construed in accordance with the provisions of this subsection.

(6) The Secretary of State may by order make provision amending, repealing or revoking, with or without savings, any enactment which is inconsistent with or superseded by subsection (5) above; but no order under this subsection shall have effect unless it is approved by a resolution of each House of Parliament.]

Textual Amendments

F96 Words “Accounts Commission for Scotland” substituted (prosp.) for words “Commission for Local Authority Accounts” by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 2

F97 S. 96(5)(6) substituted for s. 96(5) by Local Government (Scotland) Act 1975 (c. 30), s. 18

Modifications etc. (not altering text)

C107 S. 96(1)(2)-(4) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para.25.

C108 S. 96(2)–(4) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24

97 Establishment of Commission for Local Authority Accounts in Scotland. S

(1) There shall be established a body, to be known as the Commission for Local Authority Accounts (hereafter in this Part of this Act referred to as “the Commission”), which shall consist of such number of members, not being more than twelve or less than nine, as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities [F98 and such organisations connected with the health service] as appear to him to be concerned and with such other organisations or persons as he may think appropriate.

(2) The Commission shall have the following functions, that is to say—

(a) securing the audit of all accounts of local authorities in accordance with the provisions of this Part of this Act;

(b) considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;

(c) making recommendations to the Secretary of State and to local authorities in accordance with the said provisions; . . . F99

(d) advising the Secretary of State on any matter relating to the accounting of local authorities which he may refer to them for advice [F100 and

(e) functions conferred by sections 97A and 97B of this Act.]

(3) The Secretary of State may, after consultation with the Commission, with such associations of local authorities as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions, and the Commission shall give effect to any direction so given.

(4) There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State, and the Commission may appoint such other officers, and may appoint such agents, as they may determine.

[F101 (4A) It shall be the duty of the Commission to make, by such date as the Secretary of State may determine, an offer of employment by the Commission to each person employed in the civil service of the State in connection with the audit of the accounts of any health service body whose name is notified to the Commission by the Secretary of State for the purposes of this subsection; and the terms of the offer must be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(4B) An offer made in pursuance of subsection (4A) above shall not be revocable during the period of three months beginning with the date on which it is made.

(4C) Where a person becomes an officer of the Commission in consequence of subsection (4A) above, then, for the purposes of the Employment Protection (Consolidation) Act 1978, his period of employment in the civil service of the State shall count as a period of employment by the Commission and the change of employment shall not break the continuity of the period of employment.

(4D) Where a person ceases to be employed as mentioned in subsection (4A) above—

(a) on becoming an officer of the Commission in consequence of an offer made in pursuance of that subsection; or

(b) having unreasonably refused such an offer,

he shall not, on ceasing to be so employed, be treated for the purposes of any scheme under section 1 of the Superannuation Act 1972 as having been retired on redundancy.]

(5) The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.

(6) In this Part of this Act “auditor” includes [F102 (a)] the Controller of Audit, [F102 (b)] officers of the Commission, being professional accountants, and [F102 (c)] . . . auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, F103 . . . .

[F104 (7) A person shall not be appointed as auditor by the Commission under subsection (6) above unless–

(a) he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989; or

(b) he is a member of the Chartered Institute of Public Finance and Accountancy or of any other body of accounts established in the United Kingdom and for the time being approved by the Secretary of State for the purposes of this subsection.]

Textual Amendments

F98 Words in s. 97(1) inserted (24.10.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(2)(d); S.I. 1994/2658, art. 2(c)

F99 Word repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2)

F100 Word “and” and s. 97(2)(e) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2)

F101 S. 97(4A)–(4D) inserted (24.10.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(6); S.I. 1994/2658, art. 2(c)

F102 Word inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 48

F103 Words in s. 97(6) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 23(a) (with reg. 4).

F104 S. 97(7) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 23(b) (with reg. 4).

Modifications etc. (not altering text)

C109 S. 97(3) applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 77(4)

[F105 97A Studies for improving economy etc. in services. S

(1) The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and for improving the financial or other management of such authorities or other bodies.

(2) The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section [F106 and, in the case of studies relating to a health service body, shall, on request, furnish to the Comptroller and Auditor General all material relevant to the studies.]

(3) Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate [F107 and, in the case of a health service body, the Commission shall also consult the Secretary of State and the Comptroller and Auditor General.]]

Textual Amendments

F105 Ss. 97A, 97B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(3)

F106 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 4(2)

F107 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 4(3)

Modifications etc. (not altering text)

C110 S. 97A(1) extended (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2).

C111 S. 97A(3) excluded (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2).

97B Furnishing of information and documents to Commission. S

(1) Without prejudice to any other provision of this Part of this Act, the Commission may require any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body, to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.

(2) Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Modifications etc. (not altering text)

C112 S. 97B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

98 Expenses and accounts of Commission. S

(1) The Commission shall have power to incur such expenses as appear to them to be necessary or expedient for the proper discharge of their functions, and—

(a) the Secretary of State may, with the consent of the Treasury, pay to the Commission grants of such amounts, at such times and subject to such conditions as he may determine in respect of expenses incurred by the Commission as aforesaid;

(b) such part of the expenses of the Commission [F108 relating to their functions with respect to local authorities] as is not met by grants under paragraph (a) above shall be met by local authorities in accordance with regulations made by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned.

[F109 (c) such part of the expenses of the Commission relating to their functions with respect to health service bodies as is not met by grants under paragraph (a) above shall be met by health service bodies in accordance with regulations made by the Secretary of State after consultation with such organisations connected with the health service as appear to him to be concerned.]

(2) A statutory instrument containing regulations made by the Secretary of State under paragraph (b) [F110 or (c)] of subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The Commission shall keep proper accounts and other records in relation to their accounts and shall prepare in respect of each financial year a statement of account in such form as the Secretary of State may, with the approval of the Treasury, direct.

(4) The statement of account prepared by the Commission in respect of each financial year shall be submitted to the Secretary of State before such date as he may, with the approval of the Treasury, direct.

(5) The Secretary of State shall, on or before 30th November in each year, transmit to the Comptroller and Auditor General the statement of account prepared by the Commission for the financial year last ended.

(6) The Comptroller and Auditor General shall examine and certify the statement of account transmitted to him under subsection (5) above and shall lay before Parliament copies of that statement together with his report thereon.

Textual Amendments

F108 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 5(2)(a)

F109 S. 98(1)(c) inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 5(2)(b)

F110 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 5(3)

99 General duties of auditors. S

In auditing the accounts of any local authority under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that—

(a) the accounts have been prepared in accordance with regulations made under section 105 of this Act and comply with the requirements of all other enactments and instruments applicable to the accounts; and comply with the requirements of all other enactments and instruments applicable to the accounts;

(b) proper accounting practices have been observed in the preparation of the accounts.

[F111 (c) that the local authority has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources][F112 and

F112 (d) in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.]

Textual Amendments

F111 S. 99(c) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(4)

F112 S. 99(d) and word 'and' preceding it inserted (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(2), 30(2).

100 Auditor’s right of access to documents. S

(1) An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority [F113 or health service body] as it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority [F114 or body] or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.

[F115 (1A) In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.]

(2) Without prejudice to subsection (1) above, every local authority [F116 and health service body] shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts.

(3) If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F117 level 3 on the standard scale] and to an additional fine not exceeding £20 for each day on which the offence continues after conviction thereof.

Textual Amendments

F113 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 7(2)(a)

F114 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 7(2)(b)

F115 S. 100(1A) inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 7(3)

F116 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 7(4)

F117 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

101 Right of interested person to inspect and object to accounts: completion of audit. S

[F118 (1) At each audit under this Part of this Act of a local authority’s accounts, any persons interested may inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating thereto and make copies of all or any part of the accounts and those other documents.]

(2) Any person interested may object to the accounts of a local authority or to any part of those accounts by—

(a) sending his objection in writing, together with a statement of the grounds thereof, to the auditor, and

(b) sending a copy of that objection and statement to the authority and to any officer of the authority who may be concerned.

(3) Where any person objects under subsection (2)

above to the accounts of a local authority, the auditor shall, if so requested by that person or authority or by any officer of the authority who may be concerned, afford to that person or authority or officer, as the case may be, an opportunity of appearing before and being heard by the auditor with respect to that objection; and any such person or officer may so appear and be heard either personally or by a representative.

(4) Within fourteen days of the completion of the audit of the accounts of a local authority the auditor shall place on each duplicate abstract of those accounts prepared by the authority under section 96(3) of this Act a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send one duplicate abstract of the accounts to the Commission and the other duplicate abstract to the local authority.

[F119 (5) Within 14 days of the completion of the audit of the accounts of a health service body the auditor shall place on any abstract of those accounts prepared by the health service body by virtue of section 86 of the National Health Service (Scotland) Act 1978 a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send copies of the abstract of the accounts to the Commission, the Secretary of State and the health service body.]

Textual Amendments

F118 S. 101(1) substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(1)

F119 S. 101(5) added (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 8

Modifications etc. (not altering text)

C113 S. 101 extended by Airports Act 1986 (c. 31, SIF 9) ss. 24(3)(b), 85(4)

C114 S. 101 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 11(1)(4)

Valid from 01/07/1997

[F120 101A Reference of social security matters to Secretary of State. S

The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.]

Textual Amendments

F120 S. 101A inserted (1.7.1997) by 1997 c. 47, s. 7(3); S.I. 1997/1577, art. 2, Sch.

102 Reports to Commission by Controller of Audit. S

(1) The Controller of Audit shall make to the Commission such reports as they may require with respect to the accounts of local authorities [F121 and health service bodies] audited under this Part of this Act and shall send a copy of any report so made to any local authority [F122 or health service body] which is named in that report [F123 and may send a copy of any report so made to any other person he thinks fit].

(2) Without prejudice to subsection (1) above, the Controller of Audit may make a report to the Commission on any matters arising out of or in connection with the accounts of a local authority in order that those matters may be considered by the local authority concerned or brought to the attention of the public, and shall send a copy of any report so made to any local authority which is named in that report [F123 and may send a copy of any report so made to any other person he thinks fit].

[F124 (2A) A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection (1) or (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.]

(3) Without prejudice to subsection (1)

above, if the Controller of Audit, having considered the audit under this Part of this Act of the accounts of any local authority and having made such further inquiries (if any) as he may think fit—

(a) is of the opinion—

(i) that any item of account is contrary to law, or

(ii) that there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account, or

(iii) that any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the authority to carry out any duty imposed on them by any enactment; or

(b) is of the opinion that any sum which ought to have been credited or debited to one account of the authority has been credited or, as the case may be, debited to another account of the authority; and

(c) is not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter;

he shall make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.

(4) The Controller of Audit shall, on making a special report under subsection (3) above with respect to the accounts of any local authority, forthwith send a copy of that special report—

(a) to that authority;

(b) to any officer of the authority who may be concerned;

(c) if the matter raised by the special report has been made the subject of objection under section 101 of this Act, to the person making that objection;

(d) to any other person who in his opinion may be affected thereby.

[F125 (5) Without prejudice to subsection (1) above and section 104A(2) of this Act, the Controller of Audit may make a report to the Commission on any matters arising out of or in connection with the accounts of a health service body and shall send a copy of any report so made to any health service body which is named in that report and to the Secretary of State.]

Textual Amendments

F121 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 9(2)(a)

F122 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 9(2)(b)

F123 Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 185(a)

F124 S. 102(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 185(b)

F125 S. 102(5) added (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 9(3)

103 Action by Commission on reports by Controller of Audit. S

(1) Subject to subsection (2) below, the Commission shall consider any report made to them by the Controller of Audit [F126 with respect to the accounts of any local authority] and may, if they think fit, hold a hearing into any matter raised by that report; and the Commission may thereafter make to the Secretary of State or to any local authority such recommendation as appears to the Commission to be appropriate in the light of the report.

(2) Where a special report is made to them under section 102(3) of this Act with respect to the accounts of any local authority, the Commission—

(a) shall consider that special report and any observations on it made in writing by the authority or by any person to whom a copy of it was sent under section 102(4) of this Act, being observations made within fourteen days of the date on which such copy was sent as aforesaid to the authority or, as the case may be, that person or such longer period as the Commission may in any particular case allow;

(b) may if they think fit, and shall if so requested by the authority or by any person to whom a copy of the special report was sent as aforesaid, hold a hearing into any matter raised by the special report; and

(c) may if they think fit, and shall if so directed by the Court of Session, state a case on any question of law arising on the special report for the opinion of the Court of Session.

(3) Subject to subsection (4)

below, if after consideration of the matters referred to in subsection (2) above the Commission find that any item of expenditure is contrary to law, or that there has been a failure to bring into account any sum which ought to have been brought into account, or that any loss or deficiency has been incurred or caused as mentioned in section 102(3)(a) of this Act, or that a local authority have not taken steps to remedy such a matter as is referred to in section 102(3)(b) of this Act, the Commission shall send the special report together with their findings to the Secretary of State and may recommend him to make an order—

(a) requiring any person whom they find responsible for incurring or authorising that expenditure, or for that failure, or for that loss or deficiency, as the case may be, to pay to the local authority concerned an amount not exceeding the amount of the said expenditure, or of the said sum, or of the said loss or deficiency; or, as the case may be,

(b) directing the authority to make such rectification of their accounts as appears to the Commission to be necessary.

(4) The Commission shall not recommend that any officer or member of a local authority be ordered to pay any amount to the authority by reason only of his having signed a cheque or order in respect of any payment, if he satisfies the Commission—

(a) in the case of an officer of the authority, that before signing the cheque or order he advised the authority in writing that in his opinion the payment was contrary to law; or

(b) in the case of a member of the authority, that the payment was made in pursuance of an order of the authority or of an authorised committee thereof and that before he signed the cheque or order the authority had not been advised by any officer of the authority that in the opinion of that officer the payment was contrary to law.

(5) The Commission shall, on making a recommendation under subsection (3)

above in relation to a special report made to them with respect to the accounts of any local authority, forthwith send a copy of that recommendation to the authority and to any person to whom a copy of the special report was sent under section 102(4) of this Act.

(6) At any hearing held by them under this section the Commission—

(a) shall afford an opportunity of appearing before and being heard by the Commission to the representative of any local authority which is likely to be affected by any recommendation of the Commission and to, or to the representative of, any other person who is likely to be so affected;

(b) may require the attendance of members or officers of any local authority to give oral evidence to the Commission.

(7) If any person wilfully or negligently fails to comply with any requirement of the Commission under paragraph (b) of subsection (6) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F127 level 3 on the standard scale].

Textual Amendments

F126 Words inserted (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 10

F127 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Valid from 01/01/2002

[F128 103A Publication of special reports S

The Commission may publish a special report made to it under section 102(3) of this Act, and may do so in whatever way and send it to whomever it thinks fit.]

Textual Amendments

F128 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Valid from 01/01/2002

[F129 103B Action by Commission on receipt of special reports S

(1) On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—

(a) direct the Controller to carry out further investigations;

(b) hold a hearing;

(c) state a case on any question of law arising on the special report for the opinion of the Court of Session;

(d) subject to subsections (2) and (3) below, do none of the above.

(2) The Commission shall hold a hearing if requested to so in writing by—

(a) the local authority which was sent a copy of the report under section 102(3A) of this Act;

(b) any person, named or referred to in the report—

(i) as being to blame in connection with an item of account being contrary to law;

(ii) whose failure, negligence or misconduct is a subject of the report; or

(iii) who was sent a copy of the report under section 102(3A) of this Act.

(3) The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.]

Textual Amendments

F129 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I. 2001/474 art. 3 (subject to transitional provisions in art. 4)

Valid from 01/01/2002

[F130 103C Hearings on special reports S

(1) Subject to subsections (2) to (12) below, the procedure at a hearing held under section 103B(1)(b) of this Act shall be such as the Commission determines.

(2) The Commission may, at any one hearing, consider—

(a) allegations of blame, in connection with an item of account being contrary to law, against; and

(b) failures, negligence or misconduct by,

more than one officer or member of a local authority.

(3) A hearing shall be conducted by not fewer than three members of the Commission selected by the chairman of the Commission.

(4) Notwithstanding paragraph 4(1) of Schedule 8 to this Act, for the purposes of this section, the quorum for a meeting of the Commission shall be three.

(5) The following—

(a) an officer or member—

(i) as to whom the question of blame in connection with an item of account being contrary to law is; or

(ii) whose alleged failure, negligence or misconduct is being considered by a hearing, is; and

(b) the local authority are,

entitled to be heard at the hearing.

(6) An officer or member entitled to be heard at a hearing shall be entitled to be heard either in person or represented by counsel or a solicitor or any other person.

(7) The members of the Commission conducting a hearing may—

(a) require any person, including officers or members or former officers or members of any local authority, to attend the hearing, give evidence and produce documents;

(b) administer oaths.

(8) A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.

(9) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (7)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(10) The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it thinks fit.

(11) A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.

(12) In this section, “documents” includes information held by means of a computer or in any other electronic form.]

Textual Amendments

F130 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C115 S. 103C applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Valid from 01/01/2002

[F131 103D Findings of hearings S

The members of the Commission conducting a hearing under section 103B(1)(b) of this Act shall state their findings in writing and give a copy to—

(a) any officer or member of the local authority who is or was blamed in connection with an item of account being contrary to law or whose failure, negligence or misconduct, or alleged failure, negligence or misconduct, was a subject of the hearing;

(b) the local authority;

(c) any other person the Commission considers should, under this paragraph, receive such a copy; and

(d) any other person seeking a copy of those findings who has paid the Commission’s reasonable charge for providing such a copy.]

Textual Amendments

F131 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C116 S. 103D applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Valid from 01/01/2002

[F132 103E Action by local authorities on receipt of findings under section 103D S

(1) A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.

(2) The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.

(3) Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—

(a) whether to accept any or all of those recommendations;

(b) what, if any, action to take in response to those recommendations.

(4) A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—

(a) states the time and place of the meeting;

(b) indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and

(c) describes the nature of those findings and of any such recommendations.

(5) The local authority shall, as soon as practicable after that meeting—

(a) notify the Commission of any decisions made in pursuance of subsection (3) above; and

(b) publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.

(6) A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—

(a) under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but

(b) in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.

(7) This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.]

Textual Amendments

F132 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C117 S. 103E applied (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 5(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Valid from 01/01/2002

[F133 103F Action on finding of failure, negligence or misconduct S

(1) Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that—

(a) any item of account is contrary to law;

(b) there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;

(c) any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;

(d) any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,

they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.

(2) The sanctions which may be imposed under subsection (1) above are—

(a) censuring, but otherwise taking no action against, an officer or member of the authority;

(b) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—

(i) all meetings of the local authority;

(ii) all meetings of one or more committees or sub-committees of the local authority;

(iii) all meetings of any other body on which the member is a representative or nominee of the local authority;

(c) suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;

(d) disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.

(3) In the case of a local authority, the Commission may—

(a) make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;

(b) include in its findings any recommendations arising from those findings which the Commission think fit.

(4) A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.

(5) Disqualification imposed under subsection (2)(d) above—

(a) has the effect of vacating the member’s office; and

(b) extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.

(6) The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.

(7) Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

(8) A local authority shall give effect to any direction to them made in an order under subsection (7) above.]

Textual Amendments

F133 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Valid from 01/01/2002

[F134 103G Interim reports on investigations and action thereon S

(1) The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.

(2) On receiving an interim report, the Commission, if it is satisfied—

(a) that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or

(b) that otherwise it would be in the public interest to impose that sanction,

then it may impose that sanction.

(3) That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.

(4) The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.

(5) The Commission shall put its decision under this section in writing and shall give a copy to—

(a) the member;

(b) the authority; and

(c) any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.

(6) A period of suspension imposed under this section ends upon—

(a) the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;

(b) the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,

(c) a decision by the Commission under section 103B of this Act not to hold a hearing.

(7) A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.

(8) If, however, the member is re-elected at that election, the Commission may re-impose the suspension.

(9) The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.

(10) On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.

(11) Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.

(12) In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).]

Textual Amendments

F134 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Valid from 01/01/2002

[F135 103H Protection from actions of defamation S

(1) For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.

(2) In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).]

Textual Amendments

F135 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

Valid from 01/01/2002

[F136 103J Appeals from Commission S

(1) An officer or member of a local authority—

(a) who is the subject of a finding under section 103F(1) of this Act;

(b) on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;

(c) who has been suspended under section 103G(2) of this Act,

may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.

(2) An appeal—

(a) under subsection (1)(a) above may be made on one or more of the following grounds—

(i) that the Commission’s finding was based on an error of law;

(ii) that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;

(iii) that the Commission has acted unreasonably in the exercise of its discretion;

(iv) that the Commission’s finding was not supported by the facts found to be proved by the Commission;

(b) under subsection (1)(b) above may be made on one or more of the following grounds—

(i) that the sanction imposed was excessive;

(ii) that the Commission has acted unreasonably in the exercise of its discretion;

(c) under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.

(3) An appeal under subsection (1) above shall be lodged within 21 days of—

(a) the sending of the finding under section 103F(1) of this Act to the officer or member;

(b) the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,

(c) the imposition of suspension under section 103G(2) of this Act.

(4) A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.

(5) The sheriff principal may—

(a) in an appeal under subsection (1)(a) above—

(i) confirm the finding under section 103F(1) of this Act;

(ii) quash the finding;

(iii) quash the finding and remit the matter to the Commission to reconsider its decision;

(b) in an appeal under subsection (1)(b) above—

(i) confirm the sanction;

(ii) quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;

(c) in an appeal under subsection (1)(c) above, quash the suspension;

(d) award expenses.

(6) The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 28 (appeals to the Court of Session) of the Sheriff Courts (Scotland) Act 1907 (c.51).

(7) In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.

(8) The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.]

Textual Amendments

F136 Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4)

104 Action by Secretary of State on recommendation by Commission under s. 103(3). S

(1) Where recommendations are made to the Secretary of State under section 103(3) of this Act the Secretary of State may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.

(2) The Secretary of State shall not make an order under subsection (1)

above requiring a person to pay an amount to a local authority if the Secretary of State is satisfied that that person acted reasonably or in the belief that his action was authorised by law, and the Secretary of State shall, in deciding whether or not to make such an order as aforesaid and, if he decides to make it, what amount to specify therein, have regard to all the circumstances of the case, including such information as may be available to him as to the means of any person concerned and his ability to pay any amount to the local authority.

(3) Where by virtue of an order made under subsection (1)

above two or more persons are required to pay an amount to a local authority, those persons shall, if the order so specifies, be liable jointly and severally to pay that amount to the authority.

(4) The Secretary of State shall, on making an order under subsection (1)

above requiring a person to pay an amount to a local authority, forthwith cause a copy of that order to be sent—

(a) to that person;

(b) to the Commission; and

(c) to that authority.

(5) Any amount which, by virtue of an order made under subsection (1)

above, is due to be paid by any person to a local authority shall be paid by that person to the authority within fourteen days of the date on which a copy of that order was sent to him under subsection (4) above; and, if that amount is not so paid, it shall be the duty of the Commission to recover the amount on behalf of the authority and if need be to institute proceedings for that purpose; and the authority shall reimburse the Commission for any expenses incurred by the Commission so far as not recovered from the person liable to pay the amount.

(6) A local authority shall give effect to any direction given to them in an order under subsection (1) above.

Modifications etc. (not altering text)

C118 S. 104 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Valid from 01/04/1995

[F137 104A Audit of accounts of health service bodies: special provisions. S

(1) Where the auditor of the accounts of a health service body has reason to believe that the body, or any officer of the body—

(a) has made a decision which involves the incurring of expenditure which is unlawful; or

(b) has taken a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency,

he shall forthwith make a report to the Controller of Audit.

(2) On receipt of a report under subsection (1) above the Controller of Audit—

(a) shall forthwith send a copy of the report to the Commission and to the Secretary of State; and

(b) may, if he thinks fit, send to the Commission and to the Secretary of State any observations which he may have on the report.

(3) The Commission may make a report to the Secretary of State on any matters arising out of or in connection with the accounts of a health service body.]

Textual Amendments

F137 S. 104A inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 11; S.I. 1994/2658, art. 4(a)

Modifications etc. (not altering text)

C119 S. 104A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

105 Regulations as to accounts. S

(1) The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—

(a) the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;

(b) the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;

(c) the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;

(d) the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such [F138 accounts and other documents], and the steps to be taken by a local authority for informing persons of those rights;

(e) the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.

(2) Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.

(3) If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding [F139 level 3 on the standard scale], and, in the case of a second or subsequent offence, to a fine not exceeding [F139 level 3 on the standard scale].

(4) A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F138 Words substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(2)

F139 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289E–289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C120 S. 105 extended by Airports Act 1986 (c. 31, SIF 9), ss. 24(3)(b), 85(4)

C121 S. 105 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C122 S. 105(1) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24

S. 105(1) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para.25.

C123 S. 105(1)(d) extended by Local Government Act 1986 (c. 10, SIF 81:1), ss. 5(4), 6, 12

Valid from 01/07/1997

[F140 105A Studies of benefit administration at request of Secretary of State. S

(1) The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.

(2) In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.

(3) If the Commission require—

(a) any local authority included in a study; or

(b) any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

(4) If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

(5) Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.

(6) In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.

(7) The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.

(8) Any report of a study may be published by the Secretary of State in conjunction with the Commission.

(9) The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.]

Textual Amendments

F140 S. 105A inserted (1.7.1997) by 1997 c. 47, s. 7(4); S.I. 1997/1577, art. 2, Sch.

106 Application of ss. 93 to 105 to bodies other than local authorities and to officers. S

(1) The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say—

(a) any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities;

(b) the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;

(c) any water development board within the meaning of the M38 Water (Scotland) Act [F141 1980];

as they apply with respect to a local authority; and any provision contained in any enactment with respect to such a committee, joint committee or joint board, or in any trust deed or other instrument regulating any such charity, foundation, mortification or other purpose as aforesaid, shall, so far as inconsistent herewith, cease to have effect:

Provided that this subsection shall not have effect in relation to a water development board within the meaning of the said Act of 1967 until 16th May 1975.

(2) Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of that officer shall be audited by the auditor of the accounts of the body, and sections 96 to 105 of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply accordingly to those accounts and that audit.

[F142 (3) In the application of subsection (2) above to an officer of a health service body, for the words from “96” to “section 105” there shall be substituted “97 to 104A.”]

Textual Amendments

F141 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F142 S. 106(3) added (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 36(1), 67(2), Sch. 7 para. 12

Modifications etc. (not altering text)

C124 S. 106 excluded by Local Government and Housing Act 1989 (c.42, SIF 81:1, 2), s. 11(1)(4)

C125 The “said Act of 1967” means Water (Scotland) Act 1967 (c. 78)

Marginal Citations

M38 1980 c. 45.

Rating S

107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143 S

Textual Amendments

F143 S. 107 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

108–108C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144 S

Textual Amendments

F144 Ss. 108(3)–(6) and 108B, 108C added by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), ss. 3, 4 and ss. 108–108C repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

109 Rating authorities. S

(1) The local authority for the purpose of levying [F145 rates,] shall be—

(a) in the case of the [F146 non-domestic regional and district rates], the regional council; and (b) in the case of the [F147 non-domestic islands rate], the islands council;

[F148 (c) in the case of the non-domestic water rate, the regional council or the islands council which determined it; and

(d) in the case of the non-domestic sewerage rate, the regional council or the islands council which determined it;]

• and in this Act, and in any other enactment (whether passed or made before or after the passing of this Act), the expression “rating authority” shall be construed in accordance with the provisions of this subsection.

(2) In respect of each financial year every district council shall, before such date as may be prescribed, intimate to the regional council within whose region their district [F149 falls, such information as may reasonably be required for the preparation of demand notes for the purposes of levying the non-domestic rate]

Textual Amendments

F145 Word substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 para. 28(a)(i)

F146 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 para. 28(a)(ii)

F147 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 Pt. III para. 28(a)(iii)

F148 S.109(1)(c)(d) inserted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 para. 28(a)(IV)

F149 Words in s. 109(2) substituted (1.4.1993) by virtue of Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 37(2); S.I. 1993/575, art.2

F150 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F150 S. 110 repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1993/575, art. 2,Sch. (with savings in art. 5(a)

F151 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F151 S. 110A repealed (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1992/2183, art. 2,Sch. (with art. 3).

111 Secretary of State may make regulations with respect to rates. S

(1) The Secretary of State may, after consultation with such associations of local authorities as appear to him to be concerned, make regulations—

[F152 (a) prescribing any matter which is required or authorised to be prescribed by any provision contained in sections [F153 109 to 110] of this Act or in this section;]

[F154 (b) making such provision with respect to any other matter as appears to him to be necessary or expedient for the purpose of rendering the said sections [F153 109 to 110] . . . F155 of full effect;]

(c) making provision for any matter with respect to which he is empowered or obliged by this Act, or by any other enactment, to make provision in regulations under this section;

[F156 (d) providing for the payment of interest, at such rate as may be prescribed, by a regional council to a district council in a case where any amount due in respect of [F157 the non-domestic district rate] is not paid on or before such date as may be prescribed;]

(e) providing for the payment of interest, at such rate as may be prescribed, by a local authority to another local authority, to a committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities, or to a water development board within the meaning of the M39 Water (Scotland) Act [F158 1980], in a case where any amount due in respect of a requisition made under any enactment is not paid on or before such date as may be prescribed.

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

(2) A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F152 S. 111(1)(a) repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 141(4), 194(4), 195(2), Sch. 12 Pt. II

F153 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2),s. 6, Sch. 1 Pt. III para. 30(a)

F154 S. 111(1)(b) repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 141(4), 194(4), 195(2), Sch. 12 Pt. II

F155 Words which were inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 20 are repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c.47, SIF 81:2, 103:2), ss. 6, 34, Sch. 1 Pt. III para. 30(b), Sch. 6

F156 S. 111(1)(d) repealed (prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 141(4), 194(4), 195(2), Sch. 12 Pt. II

F157 Words substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 Pt. III para. 30(c)

F158 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F159 S. 111(1)(f) which was added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 23), Sch. 3 para. 27 is repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), ss. 6, 34, Sch. 1 Pt. III para. 30(d), Sch. 6

Marginal Citations

M39 1980 c. 45.

112—114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160 S

Textual Amendments

F160 Ss. 112–114 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 28(5)(b), Sch. 5

115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F161 S

Textual Amendments

F161 S. 115 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 32(7)(b), Sch. 5

Valuation S

116 Valuation areas and authorities and appointment of assessors, etc. S

(1) Each region and each islands area shall be a valuation area, and the council of each region and the council of each islands area shall be the valuation authority for that region or, as the case may be, that area; and on and after 16th May 1975 the valuation authorities constituted under this section shall have and exercise in relation to valuation the powers conferred by the Valuation Acts on the councils of burghs, being counties of cities, and counties.

(2) Every valuation authority shall appoint, in accordance with the provisions of section 1 of the M40 Valuation and Rating (Scotland) Act 1956, an assessor and such number of depute assessors as the authority may consider necessary for the purposes of the Valuation Acts; and any assessor or depute assessor appointed under the said Acts or under the 1947 Act and holding office immediately before 16th May 1975 (other than an assessor or depute assessor appointed under this section) shall cease to hold office on that date.

(3) A depute assessor appointed under this section shall have and may exercise all the functions of an assessor so appointed.

(4) An assessor or depute assessor appointed under this section shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(5) It shall be lawful for the Secretary of State, if it appears to him that to do so would be of public or local advantage, to make an order combining the council of the Highland Region and the councils of the three islands areas, or any two or more of those councils, for such of their functions under the Valuation Acts as may be specified in that order; and an order under this subsection may include such incidental, consequential and supplemental provisions as appear to the Secretary of State to be necessary or expedient for bringing the order into operation and giving full effect thereto.

(6) The assessor of a region in making up the valuation roll of the region shall distinguish in the roll lands and heritages situated within the boundaries of each district of that region.

(7) A statutory instrument containing an order made by the Secretary of State under subsection (5) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F162 (8) In this section the expression “the Valuation Acts” means the Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation.]

Textual Amendments

F162 S. 116(8) substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 Pt. III para. 26

Marginal Citations

M40 1956 c. 60.

117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163 S

Textual Amendments

F163 S. 117 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII

Miscellaneous S

118 Local financial returns. S

(1) Subject to subsection (3)

below, every authority to which this section applies shall make a return to the Secretary of State in respect of each financial year—

(a) of their revenue and expenses;

(b) in the case of a rating authority, of the revenue received from each rate levied in their area and, where the rating authority is a regional council, of the amount paid to any F164 . . . other local authority in respect of a requisition made under any enactment.

(2) Returns under this section shall be in such form, shall contain such particulars, shall be authenticated in such manner, and shall be submitted to the Secretary of State by such date, as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.

(3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by an authority under any other enactment, he may exempt that authority from all or any of the requirements of this section so far as they relate to that matter.

(4) The Secretary of State shall, in respect of each year, cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under subsection (3) above and shall lay that summary before both Houses of Parliament.

(5) In this section references to an authority to which this section applies are references to a local authority, any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities or any water development board within the meaning of the M41 Water (Scotland) Act [F165 1980] or any river purification board within the meaning of section 135 of this Act.

Textual Amendments

F164 Words in s. 118(1)(b) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 40, Sch.14; S.I. 1993/575, art. 2,Sch. (with saving in art. 5(a))

F165 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

Modifications etc. (not altering text)

C126 S. 118 extended by Local Government (Scotland) Act 1975 (c. 30), ss. 10(4), 16, Sch. 3 para. 10(2)

Marginal Citations

M41 1980 c. 45.

119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166 S

Textual Amendments

F166 S. 119 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

[F167 120 Rate support grant. S

(1) Rate support grant orders under section 3 of the M42 Local Government (Scotland) Act 1966 shall be made in advance for a period of one year, instead of for successive periods of two years, and accordingly—

(a) in section 3(3) of that Act, for the words from “successive periods” to the end of the subsection there shall be substituted the words “a period of one year”;

(b) a rate support grant order made before the passing of this Act shall, in so far as it was made in respect of the year 1974-75, cease to have effect.

(2) If in the exercise of the power conferred on him by section 4 of the said Act of 1966 the Secretary of State at any time after 15th May 1975 redetermines for the year 1974-75 the amount and portion mentioned in paragraphs (a) and (b) of section 2(2) of the said Act of 1966, he may by an order made under the said section 4, instead of increasing to any extent the amount fixed by the rate support grant order made in respect of that year as the aggregate amount of the rate support grants and any element of those grants for that year, increase to that extent the amount fixed by the rate support grant order made in respect of the year 1975-76 as the aggregate of the rate support grants and any element of those grants for the last-mentioned year.

(3) Expressions used in this section and in sections 2 to 4 of the said Act of 1966 have the same meanings in this section as in those sections.]

Textual Amendments

F167 S. 120 repealed (1.4.1994) by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6

Marginal Citations

M42 1966 c. 51.

121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F168 S

Textual Amendments

F168 S. 121 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

122 Miscellaneous amendments of enactments relating to finance. S

Schedule 9 to this Act shall have effect for making amendments and modifications of enactments relating to local government finance which are not replaced by the foregoing provisions of this Part of this Act.

Valid from 04/01/1995

[F169 122A Duty of local authority to use resources efficiently. S

It shall be duty of each local authority to make proper arrangements for securing economy, efficiency and effectiveness in their use of resources.]

Textual Amendments

F169 S. 122A inserted (4.1.1995) by 1994 c. 39, s. 170; S.I.1994/2850, art. 3(a), Sch. 2

Part VIII U.K. Functions

Education S

123 Education authorities. S

The education authority for the purposes of the Education (Scotland) Acts 1939 to 1973 shall be a regional or islands council.

124 Education committees. S

(1) Every education authority shall appoint a committee, which shall be known as the education committee, to which (subject to any arrangement under section 127 of this Act, as read with section 56 of this Act, for the discharge by the education committee of any function) all their functions as such authority shall stand referred.

In this subsection, “referred” means remitted to the committee for consideration and report to the authority but without power to the committee to discharge any function on behalf of the authority.

(2) Subject to the provisions of section 59 of this Act, an education authority shall appoint to their education committee persons who are not members of the authority, but at least half of the members appointed to the committee shall be members of the authority.

(3) The persons appointed under subsection (2)

above who are not members of the education authority shall include—

(a) at least three persons interested in the promotion of religious education, and the persons appointed in terms of this paragraph shall include—

(i) one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church; and

(ii) in the case of the education authority for the area of a region, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church;

(iii) one person, or, in the case of the education authority for an islands area, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under sub-paragraphs (i) and (ii) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there;

(b) at least two teachers employed in educational establishments under the management of the authority, nominated in such manner as may be determined by the authority.

(4) The number of members of an education committee and their term of office shall be fixed by the appointing authority.

(5) Every member of an education committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any sub-committee thereof; but for the purposes of this subsection a member of an education authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

(6) Paragraphs 2, 8, 9 and 10 of Schedule 10 to this Act shall, subject to any necessary modifications, apply in relation to an education committee and to the standing reference of functions to that committee under subsection (1) above as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.

F170 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F170 S. 125 repealed by Self-Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence)

126 Disqualification for membership of education committees, etc. S

Notwithstanding the provisions of section 59 of this Act . . . F171 a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of the education committee of that authority, of any sub-committee of that committee . . . F171 . . . F172 college council appointed by that authority, or for being a representative of that authority on a joint committee relating to their functions as an education authority;

. . . F173

Textual Amendments

F171 Words repealed by Self Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to a saving in s. 54(7))

F172 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4

F173 Paragraph (b) and the proviso to paragraph (b) repealed by Self Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to a saving in s. 54(7))

127 Discharge of education authority functions. S

(1) In relation to the discharge by a local authority of their functions as an education authority, Schedule 10 to this Act shall have effect in place of subsections (1) to (5) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.

(2) Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under this section as they apply in relation to a joint committee appointed under Part V of this Act.

128 Educational endowments. S

(1) Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table.

Table A

Existing area	New area
County County of a city	Region or islands area
Large burgh Small burgh District	District or islands area

(2) Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above.

Table B

Existing office-holder	New office-holder
Lord Provost Provost Convener of county Chairman of district council	Chairman of council
Magistrate Councillor Chairman of or member of a committee	Councillor, or any other person nominated by the council
Any specified officer	The corresponding officer or (if there is no such officer) the proper officer

(3) Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.

(4) Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.

(5) In this section, unless the context otherwise requires, expressions used in Part VI of the M43 Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.

(6) Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.

Modifications etc. (not altering text)

C127 S. 128 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)

Marginal Citations

M43 1962 c. 47.

F174 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F174 S. 129 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5

Housing S

130 Housing. S

(1) Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) [F175 Act 1987] shall be an islands or a district council.

(2) Before the council of a district exercise outside the district any power under Part [F176 I] of the Housing (Scotland) Act [F176 1987] (provision of housing accommodation), the council shall give notice of their intention to do so to the council of the region in which the district is situated and also, if they propose to exercise the power outside that region, to the council of the region in which they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.

(3) The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.

Textual Amendments

F175 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(a)

F176 Figure substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(b)

Modifications etc. (not altering text)

C128 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

131 Powers of regional council in relation to housing. S

(1) A regional council may enter into an agreement with a district council whether within or outwith their region whereby, in consideration of the provision of housing accommodation by the district council, the regional council shall make such payment to the district council as shall be specified in the agreement; but any agreement under this subsection shall be subject to the approval of the Secretary of State.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178

Textual Amendments

F177 S. 131(2) repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(2)(3), Sch. 24

F178 S. 131(3) repealed by Housing Act 1974 (c. 44), Sch. 15

132 Functions under the Rent Acts. S

(1) The local authority for the purposes of the M44 M45 Rent (Scotland) Acts 1971 and 1972 shall be an islands council or district council.

(2) The M46 Rent (Scotland) Act 1971 shall have effect subject to the amendments set out in Schedule 13 to this Act.

Modifications etc. (not altering text)

C129 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M44 1971 c. 28.

M45 1972 c. 46.

M46 1971 c. 28.

The environment S

133 Roads. S

(1) The [F179 local roads authority] for the purposes of this Act and any other enactment (whether passed or made before or after the passing of this Act) shall be a regional or islands council; and the enactments set out in Schedule 14 to this Act shall have effect subject to the amendments specified in that Schedule.

(2) The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the M47 Local Government (Scotland) Act 1889 shall be transferred to and vested in the [F179 local roads authority].

Textual Amendments

F179 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 73

Marginal Citations

M47 1889 c. 50.

134 Building. S

(1) The jurisdiction and functions of buildings authorities and functions of masters of works conferred on them by the M48 M49 Building (Scotland) Acts 1959 and 1970 shall be transferred to the councils of islands areas and districts, except that in the case of districts situated within the Highland, Borders and Dumfries and Galloway regions they shall be transferred to the councils of those regions.

(2) The M50 Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.

Modifications etc. (not altering text)

C130 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M48 1959 c. 24.

M49 1970 c. 38.

M50 1959 c. 24.

135 Prevention of river pollution. S

(1) River purification boards established under Part II of the Rivers (Prevention of Pollution) M51 (Scotland) Act 1951 are hereby dissolved and sections 2 to 5 of the said Act shall cease to have effect.

(2) On and after 16th May 1975 the functions of river purification authorities under the M52 Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall be exercised by river purification boards established under the following provisions of this section and by islands councils.

(3) The Secretary of State shall, by order, divide Scotland, other than islands areas, into areas (to be known as “river purification board areas”)

(4) An order made under subsection (3)

above shall define each river purification board area either by reference to a map or to the line of any watershed or to the boundary of any local government area existing immediately before the making of the order, or partly by one method and partly by another.

(5) For each river purification board area the Secretary of State shall by order establish the river purification board and the said order shall provide—

(a) that the river purification board shall consist of such number of members as may be specified in the order not being more than three times the number of districts wholly or partly within the river purification board area,

(b) that one third of the members of the river purification board shall be appointed from among their own members by such of the regional councils wholly or partly within the area of the river purification board and in such proportions, as may be so specified; that one third of the members of the river purification board shall be appointed from among their own members by such of the district councils wholly or partly within the area of the river purification board and in such proportions as may be so specified; and that one third of the members of the river purification board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the river purification board area or any other interests which, in the opinion of the Secretary of State, should be represented on the board,

(c) that the river purification board shall be a body corporate with such name as may be specified in the order, and that the board shall have a common seal and may hold land and may sue and be sued in the name so specified.

(6) An order made under subsection (5)

above may make provision with regard to the following matters—

(a) the arrangements for the calling of the first meeting of the river purification board;

(b) the preparation of a scheme with respect to the administrative arrangements for the discharge of the functions of the river purification board;

(c) the tenure of office of members of the river purification board and the filling of casual vacancies among such members;

(d) the mode of defraying the expenses of the board and in particular the proportions of those expenses which are to be borne severally by regional councils and for issue of requisitions to the said councils for the payment of the amounts apportioned to these councils;

(e) the transfer to the river purification board of rights or liabilities (other than those in or relating to property) or of the services of any officer or servant of any existing river purification authority, the functions of which, on and after 16th May 1975, shall be exercised by the river purification board in terms of subsection (2) of this section;

(f) the application to the board, subject to any necessary modifications, of any of the provisions of this Act;

(g) any other matter incidental to or consequential on the establishment of the river purification board or any provision contained in the order.

(7) Before making an order under subsection (3)

or (5) above the Secretary of State shall consult all local authorities (including in the case of an order made before 16th May 1975, councils of counties and large burghs) and river purification boards whose areas are wholly or partly within the area affected by the order, and the provisions of [F180 Schedule 7 to the M53 Water (Scotland) Act 1980] shall apply to the making of such an order as they apply to the making of an order under [F180 section 82 of that Act] with the substitution of a reference to this subsection for the reference to [F180 section 100(2) of that Act].

(8) Any reference in the M54 M55 Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to the councils of counties or of large burghs and to their districts shall be read as references to regional, islands or district councils and to their areas.

(9) The provisions of section 216 of the 1947 Act (which relate to the issue of requisitions by joint committees and joint boards) shall, subject to any necessary modifications, apply to a requisition by a river purification board in terms of an order under this section as they apply to requisitions by a joint committee or joint board, and the provisions of section 106 of this Act shall, subject to any necessary modifications, apply with respect to a river purification board as they apply to a water development board within the meaning of [F180 the M56 Water (Scotland) Act 1980].

(10) The Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall have effect subject to the amendments specified in Schedule 16 to this Act.

Textual Amendments

F180 Words substituted by virtue of Water (Scotland) Act 1980 (c. 45), Sch. 9 para. 3

Modifications etc. (not altering text)

C131 S. 135 extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1)

C132 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M51 1951 c. 66.

M52 1965 c. 13.

M53 1980 c. 45.

M54 1951 c. 66.

M55 1965 c. 13.

M56 1980 c. 45.

[135A F181 Variation of composition of river purification boards. S

(1) The power to make an order under subsection (5) of section 135 of this Act includes power to vary the composition of any river purification board, in accordance with the provisions of this section, in a subsequent order.

(2) Such a variation order shall provide—

(a) that any river purification board shall consist of such number of members as may be specified in the order;

(b) that one quarter of the members of the board shall be appointed from among their members by such of the regional councils wholly or partly within the area of the board and in such proportions as may be so specified;

(c) that one quarter of the members of the board shall be appointed from among their members by such of the district councils wholly or partly within the area of the board and in such proportions as may be so specified; and

(d) that one half of the members of the board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the board’s area or any other interests which, in the opinion of the Secretary of State, should be represented on the board.

(3) Such a variation order may make such transitional provisions with regard to the termination and appointment of members, including members appointed by regional or district councils, as the Secretary of State thinks appropriate.]

Textual Amendments

F181 S. 135A inserted (1. 10. 1991) by Natural Heritage (Scotland) Act 1991 (c. 28), s. 27(1), Sch. 10 para.6; S.I. 1991/2187, art. 3,Sch.

Modifications etc. (not altering text)

C133 S. 135A extended (prosp.) by 1994 c. 39, ss. 37(1), 184(2) (which amending provision was repealed (1.2.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with. ss. 7(6), 115, 117); S.I. 1996/186, art. 2)

[F182 136 Deposit of poisonous waste. S

(1) The local authority for the purposes of the M57 Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words “county councils and town” there shall be substituted the words “ islands councils and district ”.

(2) In section 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority.

(3) In section 7 of that Act after the definition of “refuse tip” there shall be inserted the following definition “ “river purification authority” has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council. ”]

Textual Amendments

F182 S. 136 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

Marginal Citations

M57 1972 c. 21.

137 Flood prevention and flood warning systems. S

(1) All functions of town and county councils under the M58 Flood Prevention (Scotland) Act 1961 are hereby transferred to regional and islands councils, and accordingly for section 1(2) of that Act there shall be substituted the following subsection—

“(2) This section applies to all regional and islands councils, and in this Act any reference to a local authority is a reference to a council to whom this section applies.”

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F183

Textual Amendments

F183 S. 137(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Marginal Citations

M58 1961 c. 41.

138 Coast protection. S

(1) The coast protection authority for the purposes of the M59 Coast Protection Act 1949 shall be the council of a region any part of which adjoins the sea, or an islands council.

(2) In the said Act of 1949 the following amendments shall be made—

(a) for section 1(1) (coast protection authorities), there shall be substituted the following subsection—

“(1) The council of a region any part of which adjoins the sea or of an islands area shall be the coast protection authority for that region or area, as the case may be.”;

(b) in section 20(5) (contributions towards expenses of coast protection) for the word “burgh” there shall be substituted the word “district”;

(c) in section 22 (power to use for incidental purposes land acquired for coast protection)—

(i) in subsection (2), for the words “burgh or county” there shall be substituted the words “region or islands area”.

(ii) in subsection (3), for the reference to the M60 Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973;

(d) in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection—

“(4) This section shall not apply to Scotland.”;

(e) in section 45(1)(b) (service of notices and other documents), for the words “or burgh” there shall be substituted the words “or in Scotland the council of a region, islands area or district”;

(f) in section 46(4) (local inquiries), for the words from “subsection (2)” to “1947” there shall be substituted the words “subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973”;

(g) in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph—

“(b) for references to the London Gazette and to a county or county district there shall be substituted respectively references to the Edinburgh Gazette and to a region, islands area or district”.

Modifications etc. (not altering text)

C134 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M59 1949 c. 74.

M60 1947 c. 43.

F184 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F184 S. 139 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

140 Allotments. S

The functions of local authorities under the Allotments (Scotland) Acts 1892 to 1950 shall be exercised by islands and district councils.

141 Public conveniences. S

The local authority for the purposes of section 5 of the M61 Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word “1947” there shall be substituted the word “ 1973 ”.

Marginal Citations

M61 1970 c. 44.

142 Public health. S

(1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority shall be an islands or district council.

(2) This section applies to the following enactments—

(a) The M62 Public Health (Scotland) Act 1897;

[F185 (b) The M63 Alkali, Etc., Works Regulation Act 1906;]

(c) The M64 Public Health (Scotland) Act 1945;

(d) Part I of the M65 Prevention of Damage by Pests Act 1949;

(e) The M66 Rag, Flock and Other Filling Materials Act 1951;

(f) The M67 M68 Clean Air Acts 1956 and 1968;

(g) The M69 Noise Abatement Act 1960;

(h) The M70 Health Services and Public Health Act 1968, except section 65 thereof.

Textual Amendments

F185 S. 142(2)(b) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I

Marginal Citations

M62 1897 c. 38.

M63 1906 c. 14.

M64 1945 c. 15.

M65 1949 c. 55.

M66 1951 c. 63.

M67 1956 c. 52.

M68 1968 c. 62.

M69 1960 c. 68.

M70 1968 c. 46.

143 Sewerage. S

The functions of local authorities under the M71 Sewerage (Scotland) Act 1968 shall be transferred to regional and islands councils.

Marginal Citations

M71 1968 c. 47.

144 X1 †Diseases of animals, and plant health. S

F186 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A competent authority under the M72 Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from “in such manner” to “direct” shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from “in such”(where first occurring) to “direction” shall cease to have effect.

Editorial Information

X1 Unreliable marginal note.

Textual Amendments

F186 S. 144(1)(2) repealed by Animal Health Act 1981 (c. 22), Sch. 6

Marginal Citations

M72 1967 c. 8.

145 Ordnance Survey. S

(1) The M73 Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the modifications set out in this section.

(2) An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the regional, islands or district council, and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was made.

F187 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) (a)

References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the regional, islands or district council, as the case may be.

(b) References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the regional, islands or district council, as the case may be.

(5) References in the 1841 Act to a county shall be construed as references to a region, islands area or district, as the case may be, including the electoral areas thereof and other places therein.

Textual Amendments

F187 S. 145(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group1

Marginal Citations

M73 1841 c. 30.

Miscellaneous functions U.K.

146 Police. U.K.

(1) The M74 Police (Scotland)

Act 1967 shall be amended in accordance with subsections (2) to (9) below.

(2) For section 1(1) of that Act (police areas) there shall be substituted the following subsection—

“(1) Subject to the provisions of any amalgamation scheme, a police force shall be maintained for every region and for every islands area, and the provisions of this Act shall have effect in relation to any police force so maintained and to the constables thereof.”

(3) In section 2(1) (police authorities), for the words from the beginning to “police authority” there shall be substituted the words “For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, shall be the police authority”.

(4) Section 4(3) of that Act (same person may be chief constable of more than one police force) shall cease to have effect on 16th May 1975.

(5) Section 18 of that Act (jurisdiction of constables as respects execution of warrants in border counties of England and Scotland) shall be amended as follows—

(a) in subsection (1) for the words from “Scotland” to “Dumfries” there shall be substituted the words “any one of the border regions of Scotland, that is to say, the counties of Northumberland or Cumbria, or the regions of the Borders or Dumfries and Galloway”, and after the word “counties” or “county” wherever it occurs there shall be inserted respectively the words “or regions” or “or region”;

(b) in subsection (2) for paragraph (b) there shall be substituted the following paragraph—

“(b) references to the region of the Borders or Dumfries and Galloway shall be construed as including references to a combined area within the meaning of this Act comprising either of those regions.”

(6) In sections 20(5) (power of Secretary of State to make amalgamation schemes) and 29(3) (local inquiries) of that Act, for the reference to subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973.

(7) After section 21 of that Act there shall be inserted the following section—

“21A Alteration of local government areas.

(1) Subject to subsection (2) below, an amalgamation scheme may be approved or made under this Act with respect to two or more police areas—

(a) to be established by the Local Government (Scotland) Act 1973,

(b) which are proposed to be altered by an order under section 17 of the Local Government (Scotland) Act 1973,

and subject to subsection (3) below, may be so approved or made before the relevant date.

(2) The Secretary of State shall make an amalgamation scheme under this Act before the relevant date for the police areas comprised in each of the combined areas set out in the following table—

Table

Combined area	Police areas comprised
South-eastern	Borders and Lothian
Northern	Highland and the Islands Areas.

(3) A scheme under this section shall not come into force before the relevant date except so far as it relates to the constitution of the joint police committee and to the performance by that committee of functions necessary for bringing the scheme into full operation on that date.

(4) In relation to an amalgamation scheme to be approved or made by virtue of this section, sections 19, 20 and 21 of this Act shall apply subject to any necessary modifications except that subsections (2) to (5) of the said section 20 shall not apply where the scheme is made by the Secretary of State before 16th May 1975 by virtue of subsection (2) above.

(5) In this section “the relevant date” means, in relation to an amalgamation scheme approved or made as mentioned in paragraph (a) of subsection (1) or in subsection (2) above, 16th May 1975, and, in relation to an amalgamation scheme approved or made as mentioned in paragraph (b) of subsection (1) above, the date on which the order mentioned in that paragraph comes into force.”

(8) For section 23 of that Act there shall be substituted the following section—

“23 Chief constables affected by amalgamations or local government reorganisations.

(1) If the chief constable of a police force which ceases to exist in consequence of an amalgamation scheme, or an order under section 216 of the Local Government (Scotland) Act 1973, is not appointed as from the date when that police force ceases to exist—

(a) chief constable of the new force, or

(b) constable of any rank in any other police force which exists on that date,

he shall on that date become a constable of the new force (or, if there is more than one new force established by the amalgamation scheme or order, of such one of them as may be provided by the scheme or order) by virtue of this subsection.

(2) While a person is a constable of a police force by virtue only of subsection (1) above he shall hold the rank of assistant chief constable, but shall be treated for the purposes of his pay, pension and other conditions of service as if he had continued to be chief constable of the force which ceased to exist.

(3) A chief constable who becomes a constable of a police force by virtue of subsection (1) above shall, subject to regulations under Part II of this Act, cease to be a constable thereof at the expiration of three months unless he has then accepted and taken up an appointment in that force in some other capacity.

(4) The provision to be made by regulations under section 24 of the Superannuation Act 1972 or section 219 of the Local Government (Scotland) Act 1973 with respect to the chief constable of a police force who, after becoming a constable of another police force by virtue of subsection (1) above, ceases to be a constable of that force without having accepted and taken up an appointment in that force in a capacity other than that of chief constable shall, if he was the chief constable of a police force on 15th May 1975, be not less favourable than any provision by way of pension that would have been payable to or in respect of him by virtue of the Police Pensions Act 1948 had the first-mentioned police force been combined with another force by an amalgamation scheme under the Police (Scotland) Act 1956 and he had neither been transferred to the combined force nor agreed to continue to serve therein in a capacity other than that of chief constable within three months; and section 2(1)(b) of the Police Pensions Act 1948 shall not apply to a constable who is first appointed a chief constable on or after 16th May 1975 and who is allected by this section.

(5) The relevant authority shall offer the chief constable of a police force which ceases to exist on 16th May 1975 (other than a chief constable who has been appointed the chief constable of a new force) an appointment to take effect not later than 16th August 1975 at the rank of assistant chief constable in the relevant new force.

(6) In this section—

“new force” has the same meaning as it has for the purposes of Schedule 2 to this Act;

“relevant authority” means the police authority or, as the case may be, the joint police committee responsible for the appointment of the chief constable of the relevant new force;

“relevant new force” means the new force to which the majority of the constables of a police force which ceases to exist on 16th May 1975 are transferred.”

(9) In section 51 (1) (general interpretation), in the definition of “amalgamation scheme”, for the words “or section 20” there shall be substituted the words “section 20 or section 21A”.

(10) Sections 24 and 25 of the said Act of 1967 and Schedule 2 thereto shall, subject to any necessary modifications, apply to an order under section 215 of this Act as they apply to an amalgamation scheme under that Act.

Modifications etc. (not altering text)

C135 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M74 1967 c. 77.

147 Fire services. S

(1) Subject to the provisions of the M75 Fire Services Act 1947 as amended by this section, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall be a regional or islands council.

(2) For section 36(3) (administration scheme) of the said Act of 1947 there shall be substituted the following subsection—

“(3) lt shall be the duty of the councils of the regions and islands areas comprised in either of the combined areas set out in the Table at the end of this subsection to prepare and submit to the Secretary of State, not later than 1st January 1975 or such later date as the Secretary of State may in special circumstances allow, a scheme (hereafter referred to as “administration scheme”) for the provision in the combined area of the services required by section 1 of this Act, and the Secretary of State may by order approve any scheme so submitted to him.

Table

Combined area	Police areas comprised
South-eastern	Borders and Lothian
Northern	Highland and the Islands Areas.”

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188

(4) F189 every fire authority, in respect of whose area or combined area the Secretary of State has approved or made an administration scheme under section 36 of the said Act of 1947, shall prepare and submit to the Secretary of State for his approval an establishment scheme for the combined area under the said section 19, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.

(5) The following further amendments shall be made to section 36 of the said Act of 1947—

(a) for any reference to counties and burghs or counties or burghs there shall be substituted respectively references to regions and islands areas or regions or islands areas;

(b)—(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F190

(6) In section 38(1) of the said Act of 1947 (interpretation), after the definition of “appointed day” there shall be inserted the following definition—

““combined area”, in relation to Scotland, means an area for which a combined fire brigade is established by an administration scheme under section 36 of this Act;”.

(7) Schedule 4 to the said Act of 1947 (combined areas in Scotland) shall cease to have effect.

(8) Section 7(2) of the M76 Fire Services Act 1959 (establishment schemes) shall cease to have effect.

Textual Amendments

F188 S. 147(3) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

F189 Words repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

F190 S. 147(5)(b)–(f) amends Fire Services Act 1947 (c. 41), s. 36(2)(6)(8)(15)(19)

Modifications etc. (not altering text)

C136 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M75 1947 c. 41.

M76 1959 c. 44

148 Water. S

(1) Regional water boards established under the M77 Water (Scotland) Act 1967 are hereby dissolved and their functions are hereby transferred to water authorities.

(2)—(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F191

(8) Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F191

Textual Amendments

F191 S. 148(2)–(7), (9) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11

Marginal Citations

M77 1967 c. 78.

F192 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F192 S. 149 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I

150 Public transport. S

(1) Subject to the provisions of Schedule 18 to this Act, all functions relating to transport under the enactments specified in that Schedule shall be exercised by regional or islands councils and those enactments shall have effect subject to the amendments specified in that Schedule.

(2) The Strathclyde Regional Council shall be the Passenger Transport Authority for the Greater Glasgow Passenger Transport Area for the purposes of Part II of the M78 Transport Act 1968, and accordingly the Greater Glasgow Passenger Transport Authority established by virtue of the said Part II is hereby dissolved and its property and functions transferred to the Strathclyde Regional Council.

(3) In consequence of subsection (2)

above, the Secretary of State may by order amend any local enactment or any order made under Part II of the said Act of 1968 or any provision of the said Part II in its application to the Greater Glasgow Passenger Transport Area, being an area which has been designated for the purposes of that Part by an order under section 9(1) of that Act, and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) References in this section to the Greater Glasgow Passenger Transport Area and the Greater Glasgow Passenger Transport Authority include references to that Area or Authority as varied by an order made under section 9 of the said Act of 1968.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F193

Textual Amendments

F193 S. 150(5) repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 and S.I. 1986/414, art. 2, Sch.

Marginal Citations

M78 1968 c. 73.

F194 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F194 S. 151 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 3 para. 27, Sch. 8

F195 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F195 S. 152 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16

153 Ferries. S

(1) All rights which are presently vested in local authorities in relation to ferries, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the regional or islands council within whose area the ferry is situated.

(2) A regional or islands council or any two or more such councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but such a council or councils acting in combination may only exercise those powers as respects a ferry situated partly within their area or areas and partly within the area of another such council if the agreement of that other council has first been obtained.

(3) A regional or islands council or any two or more such councils acting in combination may

(a) incur capital expenditure and borrow money for the purposes of exercising their powers under subsection (2) above;

(b) lease or hire a ferry to or from another person on such conditions as they think fit;

(c) enter into arrangements with another person for the operation of a ferry by that person on their behalf; and

(d) from time to time fix fares and charges for the use of any ferry operated by virtue of this section, and adequate publicity as to those fares and charges shall be given by them within their area.

(4) If in any year the revenue received by a council, or by two or more councils acting in combination, in respect of a ferry operated by virtue of this section is insufficient to defray the expenditure incurred in operating and maintaining in an efficient state any such ferry and any sums required to meet interest, sinking fund or other loan charges, the deficiency shall be met out of rates by the council in whom the ferry is vested, or in the case of a ferry vested in two or more councils in combination, by those councils in such proportions as may be fixed by the combination agreement.

(5) In this section “ferry” includes all rights pertaining thereto (including rights of access) and all boats, vessels, landing stages, plant and apparatus used in connection with the ferry, but does not include a harbour transferred by virtue of section 154 of this Act.

154 Piers and Harbours. S

(1) [F196 Subject to subsection (3A) below,] all rights which are presently vested in local authorities in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the regional or islands council within whose area the harbour, pier, boatslip or jetty is situated, and the enactments specified in Schedule 19 to this Act shall have effect subject to the amendments set out in that Schedule.

(2) Where a harbour is situated partly within the area of one regional council and partly within the area of another regional council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.

(3) A regional or islands council or any two or more such councils acting in combination may acquire by agreement, or, if so authorised by the Secretary of State, may acquire compulsorily—

(a) land for the purpose of constructing, re-constructing, extending or improving a marine work;

(b) any harbour whose acquisition is considered by the council to be desirable in the interests of their area and

(i) whose maintenance is to be discontinued by its owner, or

(ii) which is considered by the council to be in a poor state of repair,

and sections 70(2) to (5) and 71(3) and (4) of this Act shall apply respectively to acquisition by agreement or compulsorily under this subsection as they apply for the purposes of those sections.

[F197 (3A) A district council may acquire by agreement any—

(a) harbour;

(b) pier;

(c) boatslip; or

(d) jetty,

which is situated within their district and which is used (or is to be used) wholly for sporting or recreational purposes; and on such acquisition there shall vest in them the powers and duties of improving, maintaining and managing the harbour, pier, boatslip or, as the case may be, jetty.

(3B) Subsections (3) and (5) of section 70 of this Act shall apply to acquisition under subsection (3A) above as they apply for the purposes of that section.]

(4) If a local authority so elects and notifies the Secretary of State accordingly, Part III of the M79 Harbours, Piers and Ferries (Scotland) Act 1937 shall apply to any harbour transferred to or acquired by them under this section which is not a marine work as if it were a marine work.

(5) A local authority may make loans to a harbour authority for a harbour wholly or partly situated within their area, on such terms as may be agreed between the local authority and the harbour authority, for the purpose of enabling the harbour authority to do anything which they have power to do.

(6) Where provisions of the M80 Harbours, Docks and Piers Clauses Act 1847 have been incorporated with any enactment, the amendments made by this Act in that Act shall be so incorporated.

(7) In this section “harbour authority” and “marine work” have the same meanings as in section 57(1) of the M81 Harbours Act 1964 and so has “harbour” except that it does not include a ferry within the meaning of section 153(5) of this Act

Textual Amendments

F196 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 20(a)

F197 S. 154(3A), (3B) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 20(b)

Modifications etc. (not altering text)

C137 S. 154 certain functions transferred (18.11.1990) by S.I. 1991/43, art. 3(1).

S. 154 certain functions transferred (25.2.1991) by S.I. 1991/1082, art. 3(1).

S. 154 certain functions transferred (8.2.1993) by S.I. 1993/321, art. 3(1)

Marginal Citations

M79 1937 c. 28.

M80 1847 c. 27.

M81 1964 c. 40.

[F198 154A Industrial promotion. S

(1) Subject to the following provisions of this section, a local authority may engage in industrial promotion; that is to say in promotion having as its aims the establishment or development of, or the procuring of investment in, or the effecting of measures to provide or safeguard employment in, industry.

(2) Without prejudice to any power which they may have under section 90 of this Act, no local authority shall engage in industrial promotion other than under subsection (1) above.

(3) In engaging in industrial promotion under subsection (1)

above a regional or islands council may do anything, whether in Scotland or elsewhere, which appertains to or is conducive or incidental to such promotion; but the powers of a district council under that subsection shall be limited to—

(a) within their own area, doing anything which appertains to or is conducive or incidental to such promotion;

(b) in any part of the United Kingdom, but only as regards specific industrial sites or premises (being sites or premises owned by them) and such services and other facilities as are or will be available in relation to such sites or premises, doing anything mentioned in, or incidental to anything mentioned in, paragraph (a) or (d) of the definition of “promotion” in subsection (4) below; and

(c) at the invitation of—

(i) the Secretary of State;

(ii) the regional council within whose area of the district council is; or

(iii) a body designated, by order, for the purposes of this paragraph by the Secretary of State,

contributing financially to, or participating in, any such promotion engaged in by the inviter or inviters:

Provided that for a regional or islands council to engage in, for a district council to participate in, or for any local authority to contribute financially to, industrial promotion outside the United Kingdom it shall be necessary for them either to have the express consent of the Secretary of State or to be acting in accordance with a general consent given by him.

(4) In the foregoing provisions of this section, unless the context otherwise requires—

• “industry” has the same meaning as in the M82 Industry Act 1975; and

• “promotion” includes—

  (a)

  advertising; and preparing and disseminating information;

  (b)

  participating in trade or investment missions;

  (c)

  holding or taking part in such activities as seminars, exhibitions and symposiums; and

  (d)

  carrying on correspondence and holding meetings with persons who are (or are potential or prospective) developers, investors or employers.

(5) The exercise by a local authority of any power which they have—

(a) under section 7 of the M83 Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings);

(b) by virtue of section 102 (compulsory acquisition of land in connection with development and for other planning purposes) or under section 109 (acquisition of land by agreement) of the M84 Town and Country Planning (Scotland) Act 1972; or

(c) under section 70, 74 or 78 of this Act,

shall be subject to the foregoing provisions of this section.]

Textual Amendments

F198 Ss. 154A, 154B inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 7

Marginal Citations

M82 1975 c. 68.

M83 1964 c. 67.

M84 1972 c. 52.

154B Code of practice for industrial promotion. S

(1) Subject to subsection (2)

below, the Secretary of State may issue (or arrange for there to be issued) a code of recommended practice as to the discharge of functions under section 154A of this Act by local authorities.

(2) Before issuing (or arranging for the issue of)

a code under subsection (1) above the Secretary of State shall consult any association of local authorities which appears to him to represent the interests of local authorities in Scotland.

(3) The Secretary of State may by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament, make regulations requiring local authorities to conform to any code issued under subsection (1) above.

155 Factories. S

(1) The district council for the purposes of the M85 Factories Act 1961 shall be an islands or a district council and accordingly in section 176(1) of that Act (interpretation), in the definition of “district council”, for the words from “the Council of a county” onwards there shall be substituted the words “an islands or a district council”.

(2) In section 46(6) (bye-laws), for the words “301 to 303” there shall be substituted the words “201 to 204” and for the word “1947”, where it twice occurs, there shall be substituted the word “1973”.

(3) In section 47(1) (means of escape), the word “either” and the words from “or, where” to the end shall cease to have effect.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199

(5) In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect.

(6) Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect.

(7) In section 182 (application to Scotland), subsection (2) shall cease to have effect, and in subsection (9) for the words “county and town” there shall be substituted the words “islands and district”.

Textual Amendments

F199 S. 155(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

Modifications etc. (not altering text)

C138 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M85 1961 c. 34.

156 Offices, shops and railway premises. S

(1) The local authority responsible for enforcing the provisions of the M86 Offices, Shops and Railway Premises Act 1963 shall be an islands or a district council, and accordingly in section 90(1) of that Act (interpretation), in the definition of “local authority” for the words “the council of a county or” onwards there shall be substituted the words “an islands or district council and in section 52(3) of this Act includes a regional council”.

(2) In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect.

(3) In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “(2) to (8) of section 210 of the Local Government (Scotland) Act 1973”.

Modifications etc. (not altering text)

C139 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M86 1963 c. 41.

157 The Shops Act 1950. S

The local authority responsible for enforcing the provisions of the M87 Shops Act 1950 shall be an islands council or, as the case may be, a district council, and accordingly in section 73(4) of that Act (local authorities), for the words “a county or town” there shall be substituted the words “an islands or a district”.

Marginal Citations

M87 1950 c. 28.

F200 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F200 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

159 Employers liability. S

Regional, islands and district councils shall not require to effect any insurance under the M88 Employers Liability (Compulsory Insurance) Act 1969, and accordingly in section 3(2) of that Act (employers exempted from insurance), for the words “county, town” there shall be substituted the words “regional, islands”.

Modifications etc. (not altering text)

C140 S. 159 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M88 1969 c. 57.

F201 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F201 S. 160 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

161 Social work. S

(1) For the purposes of the M89 M90 Social Work (Scotland)

Acts 1968 and 1972, the local authority shall be a regional or islands council.

(2) In relation to the discharge by a local authority of their social work functions, Schedule 20 to this Act shall have effect in place of subsections (1) to (5) and (10) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.

(3) Where a local authority have made an arrangement under Schedule 20 to this Act for the discharge by their social work committee of any of their social work functions, that function shall not, during the subsistence of such arrangement, stand referred to that committee under section 2 of the Act of 1968, and the committee may themselves discharge the function in accordance with the arrangement.

(4) Paragraphs 2, 7, 8 and 9 of Schedule 20 to this Act shall, subject to any necessary modifications, apply in relation to a social work committee and to the standing reference of functions to that committee under section 2 of the Act of 1968 as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.

(5) The number of members of a social work committee and their term of office shall be fixed by the appointing authority.

(6) A social work committee may, subject to section 59 of this Act, include persons who are not members of the appointing authority, [F202 but at least two-thirds of the members appointed to the committee shall be members of that authority.]

(7) Every member of a social work committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any sub-committee thereof; but for the purposes of this subsection a member of a social work committee shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

(8) Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under Schedule 20 to this Act as they apply in relation to a joint committee appointed under Part V of this Act.

(9) This section shall be without prejudice to the provisions of Schedule 3 to the Act of 1968 relating to Children’s Panel Advisory Committees.

(10) In this section—

(a) “social work committee” means a committee appointed under section 2(1) of the Act of 1968;

(b) “social work functions” means the functions referred to in section 2(2) of the Act of 1968;

(c) “the M91 Act of 1968” means the Social Work (Scotland) Act 1968.

Textual Amendments

F202 Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwise (prosp.)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 14(6)(8)(b), 194(4), 195(2), Sch. 12 Pt. II

Marginal Citations

M89 1968 c. 49.

M90 1972 c. 24.

M91 1968 c. 49.

F203 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F203 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

163 Public libraries, museums and art galleries. S

(1) The local authority for the purposes of the Public Libraries (Scotland)

Acts 1887 to 1955 in their application to libraries shall be an islands or district council, except that within the Highland, Borders and Dumfries and Galloway regions such authority shall be the appropriate regional council.

(2) A local authority as aforesaid shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.

(3) The local authority for the purposes of the M92 Public Libraries Consolidation (Scotland) Act 1887 in its application to museums and art galleries shall be [F204 an islands or district council.]

(4) Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.

Textual Amendments

F204 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 21

Marginal Citations

M92 1887 c. 42.

F205 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F205 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

165 Spray irrigation. S

The functions of river purification boards under the M93 Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words “board” and “boards”, wherever they occur, there shall be substituted respectively the words “ authority ” and “ authorities ”.

Marginal Citations

M93 1964 c. 90.

166 Registration of births, deaths and marriages. S

(1) The local registration authority for any registration district for the purposes of the M94 Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be the regional or islands council within whose area the registration office for the registration district concerned is located immediately before the commencement of this Act.

(2) Accordingly the following amendments shall be made in that Act—

(a) in section 5(3) (authority for registration districts), for the words from “responsible” onwards there shall be substituted the words “ascertained in accordance with section 166 of the Local Government (Scotland) Act 1973”;

(b) in section 6(4) (local inquiries), 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”;

(c) in section 8(5) (custody of keys), the words from “by their” to “town clerk” shall cease to have effect;

(d) in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “sections 56 to 58 of the Local Government (Scotland) Act 1973”;

(e) for section 15(4) (finding of infant children), there shall be substituted the following subsection—

“(4) In this section “local authority” means a regional or islands council.”;

(f) in section 56(1) (interpretation), the definition of “local authority” shall cease to have effect.

Modifications etc. (not altering text)

C141 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M94 1965 c. 49.

F206 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F206 S. 167 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

168 Census. S

The local authorities for the purposes of the M95 Census Act 1920, including section 6 of that Act, shall be local authorities within the meaning of this Act, and accordingly for section 9(2) of that Act (application to Scotland), there shall be substituted the following subsection—

“(2) “local authority” means a regional, islands or district council;”.

Marginal Citations

M95 1920 c. 41.

169 Burial grounds, churchyards etc. S

(1) The functions of councils under the M96 Burial Grounds (Scotland) Act 1855 and the M97 Cremation Acts 1902 M98 and 1952 shall be transferred to and vest in islands or district councils.

(2) The functions of councils under the M99 M100 Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.

Marginal Citations

M96 1855 c. 68.

M97 1902 c. 8.

M98 1952 c. 31.

M99 1925 c. 33.

M100 1933 c. 44.

170 War memorials. S

(1) The local authority for the purposes of the M101 War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the M102 Local Government Act 1948 shall be a [F207 islands or district council]; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.

(2) In consequence of subsection (1) above the said section 133(3) shall have effect as if—

(a) after the word “modifications” there were inserted the following head—

“(ia) in section 1, for the words “within their district” there shall be substituted the words “whether within or outside their area”;”

(b) for head (ii) there were substituted the following head—

“(ii) “local authority” means a regional, islands or district council.”

Textual Amendments

F207 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 31

Modifications etc. (not altering text)

C142 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M101 1923 c. 18.

M102 1948 c. 26.

[F208 Heating and electricity] S

Textual Amendments

F208 Ss. 170A, 170B inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 102, 112(3), Sch. 13, Sch. 17 para. 35(1)

170A Production and supply of heat and electricity etc. by local authorities. S

(1) Subject to subsections (2) and (3) of this section, a local authority may—

(a) produce heat or electricity or both;

(b) establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;

(c) buy or otherwise acquire heat;

(d) use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;

(e) without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.

(2) Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

(3) Except in such cases as may be prescribed, [F209 or in cases where it is produced from waste,] a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.

(4) A local authority may—

(a) construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;

(b) contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.

(5) Parts I and II of Schedule 3 to the M103 Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

(a) in paragraph 1 of that Schedule the words “which they are authorised to lay” were omitted;

(b) for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection;

(c) for any reference to a water authority or a water development board there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person; and

(d) for any reference to the limits of supply or area of a water authority or a water development board there were substituted a reference to the area of the local authority.

(6) It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.

(7) In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.

(8) Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.

(9) Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F209 Words in s. 170A(3) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 13; S.I. 1991/1042, art.2

Marginal Citations

M103 1980 c. 45 ((130).).

170B Provisions supplementary to s. 170A. S

(1) A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—

(a) with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;

(b) for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;

(c) providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.

(2) Subsections (1) to (7) of section 38 of the M104 Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of water authorities or water development boards) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to water authorities or water development boards there were substituted a reference to the local authority and as if in subsection (1) of that section—

(a) for paragraph (a) there were substituted the following paragraph—

“(a) for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the local authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by that authority;”;

(b) for the words from “this Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 170B of the M105 Local Government (Scotland) Act 1973”; and

(c) for the words “this Act” in paragraphs (c) and (d) there were substituted the words “section 170A of that Act”.

(3) Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.

(4) An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.

(6) The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.

Marginal Citations

M104 1980 c. 45 (130).

M105 1973 c. 65 (81:2).

171 Miscellaneous functions, etc. S

(1) For the purposes of the following enactments the local authority shall be a regional or islands council—

(a) section 10 of the M106 Riotous Assemblies (Scotland) Act 1822 (compensation for damage by riot);

(b) section 10 of the M107 Protection of Birds Act 1967 (publicising of effect of Protection of Birds Acts);

(c) section 67 of the M108 Agriculture Act 1970 (enforcement of standards for fertilisers and feedingstuffs).

(2) For the purposes of section 13 of the M109 Protection of Birds Act 1954 (orders) the administrative area shall be the region, islands area or district.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F210

Textual Amendments

F210 S. 171(3) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII

Marginal Citations

M106 1822 c. 33.

M107 1967 c. 46.

M108 1970 c. 40.

M109 1954 c. 30.

Valid from 30/10/1995

[F211 Part XVIIIA S Economic Development]

Textual Amendments

F211 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

F212 171A Functions to include promotion of economic development. S

(1) Subject to section 171B of this Act, the functions of a local authority shall include the taking of such steps as they may from time to time consider appropriate for promoting the economic development of their area.

(2) Subject to the said section 171B, and without prejudice to any other provision made by or under this Act, those steps may include participation in and the encouragement of, and provision of financial and other assistance for—

(a) the setting up or expansion of any commercial, industrial or public undertaking—

(i) which is to be or is situated in the authority’s area; or

(ii) the setting up or expansion of which appears likely to increase the opportunities for employment of persons living in that area; and

(b) the creation or protection of opportunities for employment with any such undertaking or with any commercial, industrial or public undertaking, opportunities for employment with which have been or appear likely to be made available to persons living in that area.

(3) For the purposes of this section, the cases in which a local authority shall be treated as providing financial assistance to any person shall include the cases where they do or agree to do any of the following, that is to say—

(a) make a grant to that person;

(b) make a loan to that person or provide him with any further form of credit;

(c) guarantee the performance of any of that person’s obligations;

(d) indemnify that person in respect of any liability, loss or damage;

(e) invest in that person’s undertaking, in the case of a body corporate, by acquiring share or loan capital in that body or otherwise;

(f) provide that person with any property, services or other financial benefit (including the remission in whole or in part of any liability or obligation) for no consideration or for a consideration which is less than the best that could reasonably be obtained;

(g) join with any other person in doing anything falling within paragraphs (a) to (f) above.

(4) The power conferred on a local authority under subsection (1) above includes power for such authority to engage in activities outside their area for the purpose of promoting the economic development of their area.

(5) Where, in any financial year, a local authority propose to engage in activities such as are mentioned in subsection (4) above outside the United Kingdom, they shall, before the beginning of that financial year—

(a) prepare a document setting out their proposals for engagement in such activities; and

(b) submit that document to the Secretary of State for approval.

(6) Where the Secretary of State approves the proposals set out in any document submitted under subsection (5) above, he may make his approval subject to such conditions as he considers necessary or expedient.

(7) At any time during the financial year to which a document such as is mentioned in subsection (5) above relates—

(a) a local authority may submit to the Secretary of State amendments of the proposals contained in that document; and

(b) subsection (6) above shall apply in relation to those amendments as it applies in relation to proposals submitted in pursuance of subsection (5) above.

(8) The exercise by a local authority of any of their powers under this section shall be subject to the provisions of section 90 of this Act.

Textual Amendments

F212 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

F213 171B Restrictions on promotion of economic development. S

(1) The powers of a local authority by virtue of section 171A above, and their powers by virtue of any of the other provisions of this or any other enactment, shall not include power, for the promotion of the economic development of their area, to take any such steps as may be specified or described for the purposes of this section in regulations made by the Secretary of State.

(2) Without prejudice to the generality of subsection (1) above, the Secretary of State may by regulations impose such conditions (including conditions requiring consultation by the local authority of such persons as may be prescribed), and such other restrictions, as may be specified in or determined under the regulations on the exercise, for the purpose of promoting the economic development of their area, of any power of a local authority by virtue of the said section 171A or any other enactment.

(3) The Secretary of State may by order impose such a financial limit as may be specified in or determined under the order on expenditure which—

(a) is, or is of a description, so specified or determined; and

(b) is, by virtue of section 171A above or a provision of this or any other enactment, incurred in any financial year for the purpose of promoting the economic development of their area by a local authority so specified or determined.

(4) A statutory instrument containing regulations under subsection (1) or (2) above or an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Regulations under subsection (1) or (2) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.

Textual Amendments

F213 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

F214 171C Exercise of certain powers to be subject to provisions of sections 171A and 171B. S

The exercise by a local authority of any power which they have—

(a) under section 7 of the M110 Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings);

(b) under section 102 (power to acquire compulsorily certain land) or 109 (power to acquire certain land by agreement) of the M111 Town and Country Planning (Scotland) Act 1972; or

(c) under section 70, 74 or 78 of this Act,

is subject to the provisions of sections 171A and 171B of this Act.

Textual Amendments

F214 Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a)

Marginal Citations

M110 1964 c. 67.

M111 1972 c. 52.

Part IX S Planning

Planning authorities and plans S

172 Planning authorities. S

(1) The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be—

(a) in the case of regional planning functions, a general planning authority or a regional planning authority; and

(b) in the case of district planning functions, a general planning authority or a district planning authority,

and the district of the planning authority shall be the region, islands area or the district, as the case may be.

(2) In the term “local planning authority”, wherever it occurs in any enactment or instrument made under an enactment, the word “local” shall be omitted.

(3) In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, [F215 or unless the context otherwise requires] be construed as a reference to a general planning authority and to a district planning authority.

(4) In this Part of this Act—

• “the M112 Act of 1972” means the Town and Country Planning (Scotland) Act 1972;

• “regional planning functions” are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act;

• “district planning functions” are those described as such in Part II of that Schedule or in this Part of this Act, together with those conferred on general or district planning authorities by this Part of this Act;

• “general planning authority” means the council of the Highland region, the Borders region or the Dumfries and Galloway region or of an islands area;

• “regional planning authority” means the council of any other region;

• “district planning authority” means a district council within the region of a regional planning authority.

Textual Amendments

F215 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 22

Marginal Citations

M112 1972 c. 52.

173 Regional reports. S

(1) A general or regional planning authority may, in advance of the submission of a structure plan to the Secretary of State, or at any time thereafter, prepare and submit to the Secretary of State a report on their district in accordance with the provisions of this section.

(2) If so directed by the Secretary of State, a general or regional planning authority shall submit such a report to him within a period specified in the direction.

(3) The report shall be based on the survey mentioned in section 4 of the Act of 1972, or any part of that survey, or on material prepared for that survey or part, and shall consist of planning policy proposals for the district of the authority as a whole or any part of it, as respects the matters mentioned in section 5(3) of that Act, having regard to the requirements of section 5(4) of that Act.

(4) Before submitting the report to the Secretary of State, a regional planning authority shall consult every district planning authority within their region, and every other planning authority who are likely to be affected by the report, and at the same time as the regional planning authority submit the report to the Secretary of State they shall send a copy of the report to every such planning authority.

(5) The Secretary of State shall make observations on each report submitted to him under this section and shall transmit those observations to all planning authorities to whom a copy of the report was sent under subsection (4) above, and the general or regional planning authority concerned shall publish within their district the report together with the observations of the Secretary of State.

(6) In the event of the failure of a general or regional planning authority to submit to him a report under this section, the Secretary of State may himself prepare and publish such a report, and any expenses certified by him as having been incurred in so doing shall on demand be repaid by the authority concerned to the Secretary of State.

(7) All planning authorities shall, in the exercise of their functions as such, have regard to any report and observations made under this section which affect or are likely to affect them.

174 Structure plans. S

(1) A structure plan submitted to the Secretary of State under section 5(1)

of the Act of 1972 may consist of a series of plans relating to different parts of the district of a planning authority, and may, if the Secretary of State agrees, on application made to him to that effect by a planning authority, relate to part only of the district of the authority, in which case references in Part II of the Act of 1972 and in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.

(2) Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a regional planning authority shall consult every planning authority who are likely to be affected by the plan or proposals.

175 Amendment of provisions relating to approval of structure and local plans by Secretary of State. S

(1) The following provisions shall be substituted for subsections (3) and (4) of section 7 of the Act of 1972 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular require him to consider any objections to the plan and to afford a hearing to the persons making them)—

“(3) Where on taking any such plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(a) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act, and

(b) cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting his consideration of the plan as he considers ought to be so examined.

(4) The Secretary of State may make regulations with respect to the procedure to be followed at any examination under subsection (3) of this section.

(5) The Secretary of State shall not be required to secure to any planning authority or other person a right to be heard at any examination under the said subsection (3), and the bodies and persons who may take part therein shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so:

Provided that the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part therein if it appears to him or them desirable to do so.

(6) An examination under subsection (3)(b) of this section shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1971, but shall not constitute such an inquiry for any other purpose of that Act.

(7) On considering a structure plan the Secretary of State may consult with, or consider the views of, any planning authority or other person, but shall not be under any obligation to do so.

(8) On exercising his powers under subsection (1) of this section in relation to any structure plan, the Secretary of State shall give such statement as he considers appropriate of the reasons governing his decision.”

(2) For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 12 of the Act of 1972 (which, amongst other things, applies section 7 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—

“(4) Where the Secretary of State gives a direction under subsection (3) of this section, the planning authority shall submit the plan accordingly to him for his approval, and—

(a) the Secretary of State may, after considering the plan, either approve it (in whole or in part and with or without modifications or reservations) or reject it;

(b) in considering the plan, the Secretary of State may take into account any matters which he thinks are relevant, whether or not they were taken into account in the plan as submitted to him;

(c) subject to paragraph (d) of this subsection, where on taking the plan into consideration the Secretary of State does not determine then to reject it, he shall, before determining whether or not to approve it—

(i) consider any objections to the plan, so far as they are made in accordance with regulations under this Part of this Act;

(ii) afford to any persons whose objections so made are not withdrawn an opportunity of appearing before, and being heard by, a person appointed by him for the purpose; and

(iii) if a local inquiry or other hearing is held, also afford the like opportunity to the authority and such other persons as he thinks fit;

(d) before deciding whether or not to approve the plan the Secretary of State shall consider any objections thereto which have been considered by the authority, but he shall not be obliged to cause an inquiry or other hearing to be held into the plan if any such inquiry or hearing has already been held at the instance of the authority;

(e) without prejudice to paragraph (c) of this subsection, on considering the plan the Secretary of State may consult with, or consider the views of, any planning authority or other persons, but shall not be under an obligation to consult with, or consider the views of, any other authority or persons, or except as provided by that paragraph, to afford an opportunity for the making of any objections or other representations, or to cause any local inquiry or other hearing to be held; and

(f) after the giving of the direction the authority shall have no further power or duty to hold a local inquiry or other hearing under section 11 of this Act in connection with the plan.”.

(3) In consequence of subsection (2) above, in section 13(3) of the Act of 1972 the words from “but as if” to the end are hereby repealed.

Modifications etc. (not altering text)

C143 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

176 Local plans. S

(1) Every general and district planning authority shall, as soon as practicable, prepare local plans for all parts of their district and accordingly subsections (1) and (2) of section 9 of the Act of 1972 (preparation of local plans) shall cease to have effect.

(2) A district planning authority shall submit a copy of their proposals for a local plan or for the alteration, repeal or replacement of a local plan to the regional planning authority for their region.

(3) A district planning authority shall not prepare a local plan for a part of their district before a structure plan has been approved in relation to that part unless they have first applied for and obtained the consent of their regional planning authority to that effect, and such consent may be withheld or withdrawn where a structure plan is in course of preparation or any decision is likely to be taken shortly by any authority and that plan or decision is likely to have a substantial effect on the contents of the local plan, but otherwise such consent shall not be unreasonably withheld [F216 or withdrawn].

(4) Consent under subsection (3)

above shall be deemed to have been given unless that consent has been refused within 3 months of the application for consent.

(5) Any question as to whether consent under subsection (3)

above has been unreasonably withheld [F217 or withdrawn] may be referred by the district planning authority to the Secretary of State, whose decision in the matter shall be final.

(6) Subject to any directions which the Secretary of State may give, a general planning authority may prepare a local plan for a part of their district before a structure plan has taken effect in relation to that part.

Textual Amendments

F216 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 23(a)

F217 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 23(b)

177 Reserve powers of regional planning authorities regarding local plans. S

(1) A regional planning authority may assume the functions of a district planning authority within their district in relation to the preparation and making of a local plan if in their opinion—

(a) a local plan is urgently required to implement the provisions of an approved structure plan and the district planning authority concerned have failed to adopt an appropriate local plan; or

(b) the district of more than one district planning authority is likely to be affected by the local plan in question; or

(c) the local plan does not conform to a structure plan approved by the Secretary of State; or

(d) the implementation of the local plan will render unlikely the implementation of any other local plan relating to their district.

This subsection applies to the alteration, repeal or replacement of a local plan as it applies to the preparation and making of a local plan.

(2) Where under subsection (1)

above a regional planning authority assume the functions of a district planning authority, the provisions of the Act of 1972 and of any instruments made thereunder in relation to local plans shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.

(3) Where a regional planning authority proposes to assume functions under subsection (1) above, the district planning authority concerned may appeal to the Secretary of State against the proposal and the decision of the Secretary of State in the matter shall be final.

(4) The Secretary of State may determine matters arising under section 176(5) of this Act or under subsection (3) above on the basis of written submissions submitted to him by the authority concerned within such period as he may stipulate, and of such consultations with those authorities, whether together or separately, as he thinks fit, and the Secretary of State shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.

178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F218 S

Textual Amendments

F218 S. 178 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

Development control S

[F219 179 Reference of applications to regional planning authority. S

(1) A regional planning authority may, in the circumstances specified in subsection (2) below but subject to any regulations made under subsection (7) below, or to any such development order as is referred to in the said subsection (7), give to any district planning authority within the district of the regional planning authority directions requiring any such application as is mentioned in section 23(2) of the Act of 1972 to be referred to them instead of being dealt with by the district planning authority.

(2) The circumstances referred to in subsection (1)

above are both that the application concerned is not subject to a direction given by the Secretary of State under section 32 of the Act of 1972 and that—

(a) the proposed development does not conform to a structure plan approved by the Secretary of State; or

(b) the proposed development raises a major planning issue of general significance to the district of the regional planning authority.

(3) Subject to subsection (4)

below, any application in respect of which directions under subsection (1) above have been given shall be referred to the regional planning authority accordingly.

(4) A district planning authority may, subject to any regulations made under subsection (7) below, or to any such development order as is referred to in the said subsection (7), appeal to the Secretary of State against any directions given under subsection (1) above to them; and the Secretary of State (whose decision shall be final) may, under section 177(4) of this Act, determine the appeal as if it were a matter arising under section 176(5) of this Act.

(5) Where an application is referred to a regional planning authority under this section, sections 21(2)(b), 23(1)(f) and (h), 24(2B), (2C), (2D) and (4), 26, 27(1), 27A, [F220 28A,] 33, 35, 54(3) and (subject to subsection (6) below) 34 of the Act of 1972 shall apply, with any necessary modifications, as if the application had been made to the regional planning authority:

Provided that, in the proviso to the said section 27(1) as so applied, the words “another planning authority” shall be construed as meaning a regional planning authority, a general planning authority and any district planning authority outwith the district of the regional planning authority to which the application has been referred.

(6) In the application of the said section 34 provided for in subsection (5)

above, for the reference in that section to such period as may be prescribed by the development order there shall be substituted a reference to a period of 3 months, or such other period as a development order may prescribe, from the date when the application is referred to a regional planning authority.

(7) The Secretary of State may by regulations made under this subsection, or may in a development order, prescribe the time limits within which—

(a) a regional planning authority may exercise their powers under subsection (1) above;

(b) a district planning authority may appeal under subsection (4) above; or

(c) a district planning authority shall forward to the regional planning authority a copy of any application (together with copies of all the certificates, plans, and other supporting documents relating thereto) required by the latter authority by virtue of subsection (1) above.]

Textual Amendments

F219 S. 179 substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 3 para. 24

F220 “28A” inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 53, Sch. 11 Pt. II para. 61

Modifications etc. (not altering text)

C144 S. 179 extended (18.2.1993 for specified purposes and otherwise 1.5.1993) by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 56F(1) (as inserted (18.2.1993 for specified purposes and otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), ss. 35, 38(1)(9); S.I. 1993/273, arts. 3, 5(1))

C145 S. 179 extended (18.2.1993 for specified purposes and otherwise 1.5.1993) by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), s. 56K(10) (as inserted (18.2.1993 for specified purposes and otherwise 1.5.1993) by Housing and Planning Act 1986 (c. 63, SIF 123:2), ss. 35, 38(1)(9); S.I. 1993/273, arts. 3, 5(1))

C146 S. 179(6) modified by S.I. 1988/1221, reg. 30(1)(b)

180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221 S

Textual Amendments

F221 S. 180 repealed by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(8)

181 Powers of regional planning authorities regarding orders, under section 42 or 49 of Act of 1972. S

(1) Where a district planning authority propose to make an order under section 42 or 49 of the Act of 1972 (revocation etc. of planning permission and discontinuance of use, or alteration or removal of buildings or works), they shall give notice of the proposals to their regional planning authority who may make representations or objections as respects the proposed order to the Secretary of State.

(2) Where, after consultation with the district planning authority concerned, a regional planning authority are of the opinion that a structure plan approved by the Secretary of State would be materially prejudiced if such an order as aforesaid were not made, they may themselves make such an order, and in relation to that order the provisions of the said section 42 or 49 [F222 and of section 153 or 159 of the Act of 1972 (compensation in respect of orders under section 42 or 49) shall, as the case may be and with any necessary modifications, apply to the regional planning authority in relation to such an order made by the regional planning authority as they would apply to the district planning authority in relation to such an order made by the district planning authority.]

Textual Amendments

F222 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 25

Miscellaneous S

F223 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F223 S. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c)

182 Miscellaneous planning functions. S

(1) The functions of local authorities under [F270 the M148 Ancient Monuments and Archaeological Areas Act 1979] shall be district planning functions, and the references in those Acts to a borough or to a district or the council thereof shall be construed accordingly.

[F271 (2) Subject to section 24(8)

of the M149 Caravan Sites and Control of Development Act 1960, the functions of local authorities under Part I of that Act shall be functions of islands and district councils.]

(3) The functions of planning authorities under [F272 section 262A of the M150 Town and Country Planning (Scotland) Act 1972] shall be district planning functions.

Textual Amendments

F270 Words substituted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46), Sch. 4 para. 14

F271 S. 182(2) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 13(2)

F272 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M148 1979 c. 46.

M149 1960 c. 62.

M150 1972 c. 52.

183 Directions relating to specialist advice. S

(1) The Secretary of State may from time to time direct a general or district planning authority to submit to him for his approval within a period specified in the direction the arrangements which the authority propose to make to obtain specialist advice in connection with their functions—

(a) under sections 53, 54, 56, 92 or 95 of, or Schedule 10 to, the Act of 1972 (listed buildings);

[F224 (b) under sections 262 and 262A of that Act (designation of, and control of demolition in, conservation areas)].

(2) If the Secretary of State is not satisfied about any arrangements mentioned in subsection (1) above, he may, after consultation with the general or district planning authority and any other authority concerned,—

(a) direct the general or district planning authority and another planning authority specified in the direction to enter into an agreement under section 65 of this Act for the placing at the disposal of the former, for the purpose of giving them any such specialist advice as is mentioned in that subsection, of the services of officers employed by the latter who are qualified to give such advice; or

(b) direct the general or district planning authority and another planning authority so specified to enter into arrangements for the discharge by the latter of any of the functions mentioned in that subsection and also direct that the arrangements shall contain terms so specified or terms on lines laid down by him.

Textual Amendments

F224 S. 183(1)(b) substituted for s. 183(1)(b)(c) by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 51

184 Amendment of enactments relating to planning etc S

The enactments mentioned in Schedule 23 to this Act being enactments relating to planning, new towns and kindred matters, shall have effect subject to the amendments set out in that Schedule.

Modifications etc. (not altering text)

C147 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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.

Part X S Licensing, etc.

185, 186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F225 S

Textual Amendments

F225 Ss. 185, 186 repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8

Betting, Gaming and Lotteries S

187 Authorities for purposes of betting, gaming and lotteries, etc. S

The provisions of the M113 Betting, Gaming and Lotteries Act 1963 and of the M114 Gaming Act 1968 relating to the authorities for the purposes of permits, licences and registration under those Acts shall have effect subject to the modifications and amendments set out in Part II of Schedule 24 to this Act.

Marginal Citations

M113 1963 c. 2.

M114 1968 c. 65.

Miscellaneous licensing, registration and related matters S

188 Miscellaneous licensing, registration and related matters. S

(1) The local authority for the purposes of the M115 War Charities Act 1940 (registration authority for war charities) and the M116 Poisons Act 1972 (local authority’s list of persons entitled to sell poisons) shall be a regional or islands council.

(2) The local authority for the purposes of the M117 Vehicle and Driving Licences Act 1969 shall be a regional, islands or district council.

(3) For the purposes of the following enactments the local authority shall be an islands or district council—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F226

(b) The M118 Performing Animals (Regulation) Act 1925;

(c) The M119 Theatrical Employers Registration Act 1925;

(d) The M120 Methylated Spirits (Sale by Retail) (Scotland) Act 1937;

(e) The M121 House to House Collections Act 1939;

(f) The M122 Pet Animals Act 1951;

(g) The M123 Hypnotism Act 1952;

(h) The M124 Animal Boarding Establishments Act 1963;

(i) The M125 Riding Establishments Act 1964;

(j) section 44(1) of the M126 Local Government (Scotland) Act 1966 (game licences);

(k) The M127 Sale of Venison (Scotland) Act 1968;

(l) The M128 Theatres Act 1968.

(4) In consequence of the foregoing provisions of this section the enactments mentioned therein shall have effect subject to the modifications and amendments set out in Part III of Schedule 24 to this Act.

Textual Amendments

F226 S. 188(3)(a) repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3

Marginal Citations

M115 1940 c. 31.

M116 1972 c. 66.

M117 1969 c. 27.

M118 1925 c. 38.

M119 1925 c. 50.

M120 1937 c. 48.

M121 1939 c. 44.

M122 1951 c. 35.

M123 1952 c. 46.

M124 1963 c. 43.

M125 1964 c. 70.

M126 1966 c. 51.

M127 1968 c. 38.

M128 1968 c. 54.

Part XI S General Provisions as to Local Authorities

Legal Proceedings, Notices, etc. S

189 Legal proceedings. S

(1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment.

(2) Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.

Modifications etc. (not altering text)

C148 S. 189 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C149 S. 189 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

190 Service of legal proceedings, notices, etc., on local authorities. S

Any legal proceedings against a local authority shall be deemed to have been duly served on the authority if served on the proper officer of the authority, and any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be sent, delivered or served to or upon a local authority or to or upon the proper officer or chairman of a local authority, shall be addressed to the local authority or to the proper officer or chairman as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.

Modifications etc. (not altering text)

C150 S. 190 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

191 Claims in sequestrations and liquidations. S

The proper officer of a local authority or any other officer authorised by the authority for the purpose may sign on behalf of the authority any claim in any sequestration, liquidation or other such proceedings in which the authority are entitled to make a claim, and may act on behalf of the authority in connection with that claim in all respects.

Modifications etc. (not altering text)

C151 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C152 S. 191 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

192 Service of notices, etc., by local authority. S

(1) Any documents to which this section applies may be served—

(a) by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:

Provided that in the case of a person employed on any ship or vessel it shall be delivered to some person on board thereof and connected therewith; or

(b) in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or

(c) where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or

(d) where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him—

(i) by name, if his name is known; or

(ii) if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates;

and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.

(2) Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.

(3) Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.

(4) Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.

(5) For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding [F227 level 1 on the standard scale].

(6) This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.

Textual Amendments

F227 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C153 S. 192 extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 137

S. 192 extended (with modifications) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 83(1), Sch. 6 para. 3

C154 S. 192 applied (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s. 47

Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 192 applied (1.4.2002) by Water (Scotland) Act 1980 (c. 45), s. 23(1ZA) (as inserted by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(1), 72, Sch. 6 para. 18(3) (with s. 67); S.S.I. 2002/118, art. 2(3))

S. 192 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

C155 S. 192(1)-(4) applied (with modifications) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), ss. 37(2), 59; S.S.I. 2004/404, art. 2(1) (with arts. 3, 4)

193 Authentication of documents. S

(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated.

(2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.

(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.

Modifications etc. (not altering text)

C156 S. 193 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47

Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C157 S. 193 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

194 Execution of deeds by local authority and use of seal. S

(1) Save as otherwise provided in [F228 any enactment], a deed to which a local authority are a party shall be held to be validly executed on behalf of the authority if it is sealed with the common seal of the council and subscribed on behalf of the council by two members of the council and the proper officer of the council, whether attested by witnesses or not, or if it is executed in such other manner as may be provided in a local Act.

(2) The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council:

Provided that a person entering into any transaction with any such council shall not be bound to inquire whether authority to affix the seal has been given in accordance with the provisions of this subsection, and all deeds executed by such a council if otherwise valid shall have full force and effect notwithstanding that such authority may not have been given.

Textual Amendments

F228 Words substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 52

195 Public notices. S

Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a) by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and

(b) by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and

(c) in such other manner, if any, as appears to the authority to be desirable for giving publicity to the notice.

Modifications etc. (not altering text)

C158 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 195 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14

C159 S. 195 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

196 Misnomers, etc., not to affect validity of notices, etc. S

No misnomer or inaccurate description of any person or place, omission, mistake or informality in any notice or other document under or for the purposes of this Act shall affect the full operation of the notice or other document if the person or place mentioned is so designated as to be commonly understood, and such omission, mistake or informality is not such as to defeat the object of the notice or other document or cause substantial injustice to any person affected thereby.

Modifications etc. (not altering text)

C160 S. 196 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47

Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

197 Inspection and deposit of documents. S

F229 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed.

(3) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour.

(4) If a person having the custody of any such document—

(a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,

(b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding [F230 level 1 on the standard scale].

(5) A local authority may remit any fee chargeable under this section.

Textual Amendments

F229 S. 197(1) repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3

F230 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

Modifications etc. (not altering text)

C161 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C162 S. 197 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

198 Photographic copies of documents. S

(1) Subject to subsection (3) below, any requirement imposed by any enactment that a local authority shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2) Subject to subsection (3) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

Modifications etc. (not altering text)

C163 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C164 S. 198 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

199 Reports and returns. S

Every local authority and every joint committee or joint board shall, within such period as the appropriate Minister may require, make to that Minister such reports and returns and give him such information with respect to their functions as the Minister may require, or as may be required by either House of Parliament.

Modifications etc. (not altering text)

C165 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C166 S. 199 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2

200 Records. S

(1) Where records of an existing local authority relate exclusively to property vested in or functions transferred to a new local authority the records shall vest in that new local authority.

(2) Records of parochial boards and parish councils held by an existing local authority shall vest in the regional or islands council which succeeds that authority.

(3) All other records held by a county council shall vest in the regional or islands council which succeeds the county council, and all such records held by any other existing local authority shall vest in the islands or district council which succeeds that authority.

(4) Where the area of an existing local authority is divided among two or more new local authorities, the records shall, subject to the foregoing provisions of this section, vest in the new local authority whose area includes, according to the latest census (not being a sample census), the greater part of the population of the existing local authority.

(5) Where records relating to property or functions vested in or transferred to a local authority have vested in another local authority that other local authority shall make the records available for consultation by the former authority.

(6) Any dispute as to the vesting of records shall be referred to and determined by the Secretary of State, whose decision in the matter shall be final.

(7) A local authority shall make proper arrangements with respect to any records which belong to or are in the custody of the authority or any of their officers, and may dispose of records which they do not consider worthy of preservation.

(8) A local authority may transmit any of their records to the Keeper of the Records of Scotland for safe custody, and accordingly in section 5(2) of the M129 Public Records (Scotland) Act 1937 (transfer of records to Keeper), for the words from “the town” to “any other” there shall be substituted the word “any”.

(9) A regional council may deposit any of their records with a district council within their region, and a district council may deposit any of their records with the regional council within whose region their area is situate or with any other district council within the same region.

(10) A local authority may permit persons, with or without charge, and subject to such conditions as the authority may determine, to inspect their records and to make or obtain copies thereof.

(11) In this section—

(a) “records” includes charters, deeds, minutes, accounts and other documents, and any other records of whatever form which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland; and

(b) “local authority” includes a joint board, joint committee, river purification board and a water board.

Modifications etc. (not altering text)

C167 S. 200(7)(8)(10)(11) applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

C168 S. 200(7)–(10) extended by District Courts (Scotland) Act 1975 (c. 20), s. 20(5)

Marginal Citations

M129 1937 c. 43.

Byelaws S

F231 201 Byelaws for good rule and government. S

(1) A local authority may make byelaws for the good rule and government of the whole or any part of the region, islands area or district, as the case may be, and for the prevention and suppression of nuisances therein.

(2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

Textual Amendments

F231 S. 201 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para.15 (with ss. 42, 46)

Modifications etc. (not altering text)

C169 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

C170 S. 201(1) extended by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3)

C171 S. 201(3) excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3)

202 Procedure, etc., for byelaws. S

(1) [F232 Subject to subsection (1A) below] the following provisions of this section shall apply to byelaws to be made by a local authority—

(a) under this Act,

(b) under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or

(c) under any enactment which incorporates or applies any of the following enactments—

(i) section 57 of the M130 Local Government (Scotland) Act 1889;

[F233 (ii) the M131 Civic Government (Scotland) Act 1982;]

(iii) sections 183 to 187 of the M132 Public Health (Scotland) Act 1897;

(iv) sections 301 to 303 of the 1947 Act.

[F234 (1A) This section shall not apply to byelaws made under section [F235 70 or 71] of the M133 Water (Scotland) Act [F236 1980] or section 63(7) of the M134 Countryside (Scotland) Act 1967.]

(2) Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.

(3) The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.

(4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.

(6) The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7) Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.

(8) Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.

(9) Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the [F237 M135 Civic Government (Scotland) Act 1982] shall be held by the sheriff.

(10) The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.

(11) The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.

(12) A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.

(13) The proper officer of a district council shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council of the region to which it applies; and the proper officer of a regional council shall send a copy of every byelaw made by that council, and confirmed, to the proper officer of the council of any district to which it applies.

(14) The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.

(15) In this section “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State:

Provided that, notwithstanding that a local Act specifies otherwise, the confirming authority in relation to byelaws made under any local Act shall be the Secretary of State.

Textual Amendments

F232 Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 53(a)

F233 S. 202(1)(c)(ii) substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(a)

F234 S. 202(1A) added by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 53(b)

F235 Words substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F236 Word substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

F237 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(b)

Modifications etc. (not altering text)

C172 S. 202 modified by S.I. 1984/918, reg. 2

C173 S. 202 applied (with modifications) (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)

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

C174 S. 202(4)(5)(6)(7)(8)(10)(12) applied (with modifications) (18.11.1990) by S.I. 1991/43, art. 8(1)(2).

S. 202(4)-(8)(10)(12) applied (with modifications) (25.2.1991) by S.I. 1991/1082, art. 9(1)(2).

S. 202(4)-(8)(10)(12) applied (with modifications) (5.11.1991) by S.I. 1991/2513, art. 15(1)(2).

S. 202(4)-(8)(10)(12) applied (with modifications) (9.7.1992) by S.I. 1992/1975, art.8.

S. 202(4)-(8)(10)-(12) applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3).

S. 202(4)-(8)(10)(12) applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1)

C175 S. 202(13) excluded by Civil Aviation Act 1982 (c. 16), s. 32(4)

C176 S. 202(13) excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8)

Marginal Citations

M130 1889 c. 50.

M131 1982 c. 45.

M132 1897 c. 38.

M133 1980 c. 45.

M134 1967 c. 86.

M135 1982 c. 45.

[F238 202A Review of byelaws. S

A local authority shall, not later than 10 years from whichever is the later of the following times—

(a) the coming into force of a byelaw which they have the power to revoke or amend;

(b) the coming into force of this section;

review that byelaw and do so thereafter at intervals of not more than 10 years.]

Textual Amendments

F238 Ss. 202A—202C inserted (1.7.1984) by Civic Government (Scotland) Act 1982 (c. 45), ss. 110(3), 137(2)

Modifications etc. (not altering text)

C177 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

C178 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C179 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

202B Register of byelaws. S

(1) A local authority shall, in accordance with this section, keep a register of all byelaws which they have power to revoke or amend.

(2) The register kept under subsection (1)

above shall contain—

(a) a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws;

(b) the date or dates when the byelaws and any amendments to them were confirmed;

(c) the date or dates when the byelaws and any amendments to them came or come into operation; and

(d) the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act.

(3) The register kept under subsection (1)

above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it.

(4) No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above.

(5) The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.

Modifications etc. (not altering text)

C180 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C181 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

C182 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94

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)

C183 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2

C184 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

C185 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

203 Offences against byelaws. S

Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of [F239 level 2 on the standard scale], and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.

Textual Amendments

F239 “level 2 on the standard scale” substituted for “£20”, except in relation to s. 203 as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(2)(3) (as inserted by Criminal Law Act 1977 (c. 45), Sch. 11 para. 5) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) and by 1995 c. 40, ss. 3(1), 7(2), Sch. 1 paras. 3(2), 12(2) it is provided that s. 203 shall have effect as if for any reference to £20 there shall be substituted a reference to £50 except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority

Modifications etc. (not altering text)

C186 S. 203 excluded by Civil Aviation Act 1982 (c. 16), s. 32(4)

C187 S. 203 excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8)

C188 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

C189 S. 203 applied (with modifications) (18. 11. 1990) by S.I. 1991/43, art. 8(1).

S. 203 applied (with modifications) (25. 02. 1991) by S.I. 1991/1082, art. 9(1).

S. 203 applied (with modifications) (05. 11. 1991) by S.I. 1991/2513, art. 15(1).

S. 203 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)

S. 203 applied (with modifications) (9.7.1992) by S.I. 1992/1975, art.8.

S. 203 applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1)

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

S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1)

S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/202. art. 19(1)

S. 203 applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1)

204 Evidence of byelaws. S

The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a) that the byelaw was made by the authority;

(b) that the copy is a true copy of the byelaw;

(c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

(d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;

shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Modifications etc. (not altering text)

C190 S. 204 modified by S.I. 1984/918, reg. 2

S. 204 applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3).

C191 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

C192 S. 204 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2)

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

S. 204 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Miscellaneous provisions S

205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F240 S

Textual Amendments

F240 S. 205 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II

206 Admission of honorary freemen. S

(1) An islands or district council may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of the islands area or district persons of distinction and any persons who have rendered eminent service to the islands area or district.

(2) An officer designated for the purpose by the islands or district council shall keep a roll containing the names of persons admitted to be freemen under this section.

207 Limitation of rights of freemen. S

Nothing in this Part of this Act shall—

(a) confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or

(b) confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.

208 Provisions as to Sundays etc. S

(1) Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year’s Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.

(2) Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election:

Provided that where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in this subsection shall affect the validity of any act done in relation to an election before or on the date of the declaration.

Modifications etc. (not altering text)

C193 S. 208 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Part XII S Miscellaneous, General and Transitional

Miscellaneous S

209 Removal or relaxation of controls affecting certain local authority functions. S

(1) For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in Schedule 25 to this Act shall have effect subject to the amendments set out in that Schedule.

(2) Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.

(3) An order made under this section may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.

(4) A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.

(5) In this section “local authority” includes a Passenger Transport Executive.

210 Power to direct inquiries. S

(1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act F241 . . ., or where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.

(2) Except as otherwise provided in any enactment, the Minister may appoint an officer of his Department or any other person to conduct the inquiry and to report thereon to him.

(3) The person appointed to hold the inquiry shall cause notice of the time and place of the inquiry to be given to the bodies and persons appearing to him to be interested.

(4) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths:

Provided that—

(a) no person shall be required, in obedience to such a notice, to attend to give evidence or to produce any such books or other documents, unless the necessary expenses of his attendance are paid or tendered to him; and

(b) nothing in this subsection shall empower the person holding the inquiry to require any person to produce any book or document or to answer any question which he would be entitled on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.

(5) Any person who refuses or wilfully neglects to attend in obedience to a notice under this section to give evidence or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section shall be liable on summary conviction to a fine not exceeding [F242 level 1 on the standard scale] or to imprisonment for a term not exceeding three months, or to both.

(6) The Minister causing the inquiry to be held may, if he thinks fit, pay such expenses of witnesses and such expenses of or concerning the production of any books or other documents as to him seems reasonable, and such expenses shall be deemed to be part of the expenses of the inquiry.

[F243 (7) The Minister may make orders as to the expenses incurred—

(a) by the Minister in relation to—

(i) the inquiry;

(ii) arrangements made for an inquiry which does not take place; and

(b) by the parties to the inquiry,

and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.

(7A) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(7B) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and

(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.]

[F244 (8) Where the Minister has made an order under subsection (7) of this section requiring any party to pay expenses to him he shall certify the amount of the expenses, and any amount so certified shall be a debt due by that party to the Crown and shall be recoverable accordingly.]

(9) This section shall not apply in the case of a local inquiry held under any enactment where the enactment contains provisions with regard to such inquiries.

Textual Amendments

F241 Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7

F242 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54)

F243 S. 210(7)(7A)(7B) substituted for s. 210(7)(8) by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 53, Sch. 11 Pt. II para. 39(1)

F244 S. 210(8) inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 57(2), Sch. 11 Pt. II para. 39(2)

Modifications etc. (not altering text)

C194 S. 210 applied (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VI, s. 45(3), Pt. VIII s.70

S. 210 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

S. 210 applied (with modifications) (1.2.2000) by S.I. 1999/3445, reg. 9(5)

C195 S. 210(2)(4)-(8) applied (with modifications) (2.8.2004) by The Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769), reg. 17(2)(b)

C196 S. 210(2)–(9) excluded by Water (Scotland) Act 1980 (c. 45), s. 99(2)

C197 S. 210(2)-(8) applied (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 108), ss. 160(4)(5), 161(6), Sch. 7 para. 4(3) (with ss. 25(2), 167(4)(5)); S.I. 1992/2990, art. 2(2), Sch. 2

S. 210(2)-(8) applied (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), ss. 15(7), 20(11), Sch. 5 para. 6, Sch. 8, para. 2(7); S.I. 1991/2187, art. 3, Sch.

S. 210(2)-(8) applied (27.8.1993) by 1993 c. 11, ss. 59(3), 68(2)

S. 210(2)-(8) applied (27.8.1993) by 1993 c. 12, ss. 24(3)(b), 51(2) (with ss. 42, 46)

S. 210(2)-(8) applied (5.1.1994) by 1993 c. 44, ss. 38(7), 64(2), Sch. 4 Pt. I para.6 (with s. 30(5))

S. 210(2)-(8) applied (18.11.1996) by 1996 c. 58, ss. 8(6), 48(6), Sch. 2 Pt. III para. 11 (with s. 41, 43(1))

S. 210(2)-(8) applied (1.4.1996) by 1995 c. 25, s. 53(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 210(2)-(8) applied (1.4.1996) by 1990 c. 43, Sch. 1 paras. 8-10 (as inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 93(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3)

S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 28(2) (with s. 32); S.S.I. 2000/312, art. 2

S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 5(2) (with s. 32); S.S.I. 2000/312, art. 2

S. 210(2)-(8) applied (1.10.2001) by 2001 asp 8, s. 65(5); S.S.I. 2001/304, art. 2(1)(a)

S. 210(2)-(8) applied (4.2.2002) by The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (S.S.I. 2002/6), regs. 3, 15(13)

S. 210(2)-(8) applied (1.10.2005) by Energy Act 2004 (c. 20), ss. 95, 198(2), Sch. 16 para. 6(9)(b) (with s. 38(2)); S.I. 2005/877,{art. 2(2)}, Sch. 2

S. 210(2)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 17(3) (with reg. 50)

S. 210(2)-(8) applied (with modifications) (1.1.2007) by The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 (S.I. 2006/582), reg. 17(13)

C198 S. 210(2)-(6) applied (with modifications) (1.10.2001) by 2001 asp 8, s. 65(6); S.S.I. 2001/304 art. 2a

C199 S. 210(2)(4)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(3), 30(4); S.S.I. 2007/516, art. 2)

C200 S. 210(2)(4)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(6) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2)

C201 S. 210(2)-(8) applied (1.10.2010 for certain purposes, otherwise prosp.) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 98(4)(5), 134(7); S.S.I. 2010/321, art. 3, Sch.

C202 S. 210(2)-(6) applied (with modification) by 1978 c. 29, s. 10Z12(3)(4) (as inserted (1.10.2010 for certain purposes, otherwise prosp.) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134; S.S.I. 2010/321, art. 3, Sch.)

C203 S. 210(2)-(8) applied (prosp.) by Marine and Coastal Access Act 2009 (c. 23), ss. 70(4), 324 (with ss. 76-81, 111)

C205 S. 210(3)-(5) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(6)

C206 S. 210(3)-(8) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 114(4), Sch. 20 para. 5(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

S. 210(3)-(8) applied (with modifications) (28.9.2000) by S.S.I. 2000/323 reg. 22(13), Sch. 8 para. 4(10)

S. 210(3)-(8) applied (1.4.2001) by 2001 asp 2, s. 52(6) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I

S. 210(3)-(8) applied (with modifications) (31.3.2003) by The The Greenhouse Gas Emissions Trading Scheme Regulations 2003 (S.I. 2003/3311), reg. 28, Sch. 3 para. 4(6)

S. 210(3)-(8) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(9)

S. 210(3)-(8) applied (with modifications) (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), reg. 34(3), Sch. 3 para. 4(6) (with reg. 3)

S. 210(3)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 49, Sch. 9 para. 19 (with reg. 50)

C207 S. 210(3)-(8) applied (with modifications) (17.9.2009) by The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 (S.I. 2009/2301), regs. 1, 37(3), Sch. 3 para. 4(6)

C208 S. 210(3)-(8) applied (with modifications) (31.12.2009) by The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 (S.I. 2009/3130), regs. 1, 7(4), Sch. 1 para. 3(11)

C209 S. 210(4)-(8) applied (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 25, 59, Sch. 2 para. 11; S.S.I. 2004/495, art. 2

C210 S. 210(4)(5): power to apply conferred (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1967 c. 77, s. 30(4) (as substituted (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1994 c. 29, s. 55(1); S.I. 1994/3075, art. 2, Sch.; S.I. 1996/1646, art. 2, Sch. (with art. 3))

S. 210(4)(5) applied (19.11.1998) by 1998 c. 46, s. 1(5), Sch. 1 para. 6(5) (with s. 126(3)-(11))

S. 210(4)(5): power to apply (with modifications) conferred (27.7.2001) by 1993 c. 9, s. 20(4A) (as inserted by 2001 asp 7, ss. 4, 5(1)(c) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3)

S. 210(4)(5) applied (with modifications) (8.10.2001) by S.S.I. 2001/315, rule 24

S. 210(4)(5): power to apply (with modifications) conferred by Ministry of Defence Police Act 1987 (c. 4), s. 4A(4) (as inserted (9.3.2004) by Police Reform Act 2002 (c. 30) {ss. 79(2)}, 108(2)-(5)); S.I. 2004/636, art. 2

S. 210(4)(5) modified (1.4.2004) by Ministry of Defence Police Appeal Tribunals Regulations 2004 (S.I. 2004/652), reg. 11

S. 210(4)(5) applied by Scotland Act 1998 (c. 46), Sch. 1 para. 11 (as substituted (22.7.2004 with effect as mentioned in s. 1(4) of the amending Act) by Scottish Parliament (Constituencies) Act 2004, s. 1(1), {Sch. 1})

C211 S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), reg. 107(2)

C212 S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), regs. 22(3), Sch. 1 para. 4(3)

C213 S. 210(6)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(4), 30(4); S.S.I. 2007/516, art. 2

C214 S. 210(6)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(7) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2)

C215 S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008 (S.S.I. 2008/199), art. 8(9)

C216 S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008 (S.S.I. 2008/200), art. 7(9)

C217 S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 95(5), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

C218 S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 113(10), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6)

[F245 210A Recovery of expenses of local inquiry. S

(1) The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover expenses incurred by him in relation to an inquiry— section 129(1)(d) of the M136 Road Traffic Regulation Act 1984 (expenses of inquiry under that Act), any other statutory provision to which this section is applied by order of the Minister.

(2) What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—

(a) there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and

(b) there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.

(3) The expense of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the expense of an inquiry which does take place.

(4) The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—

(a) the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,

(b) expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,

(c) any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and

(d) any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.

(5) An order or regulation under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.]

Textual Amendments

F245 S. 210A inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(4)

Marginal Citations

M136 1984 c. 27(107:1).

211 Provision for default of local authority. S

(1) If a complaint is made to the Secretary of State or any appropriate Minister that a local authority have failed to do what is required of them by or under this Act or any other enactment or the Secretary of State or that Minister is of opinion that an investigation should be made as to whether a local authority have so failed, he may cause a local inquiry to be held into the matter.

(2) If after such a local inquiry the Secretary of State or appropriate Minister is satisfied that there has been such a failure on the part of the authority in question, he may make an order declaring the authority to be in default and directing them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

[F246 (2A) If the Secretary of State or appropriate Minister—

(a) is about to make an order under subsection (2) above; and

(b) is satisfied that the failure to which the order relates has continued or recurred,

he may, in that order and without any local inquiry, declare the authority to be in default in respect of the continuance or recurrence of the failure and direct them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.

(2B) The Secretary of State or appropriate Minister may, in an order under subsection (2) above, notify the local authority that any continuance or recurrence of the failure in respect of which the authority have been declared to be in default happening after the date of the order may be made the subject of an application to the Court of Session under subsection (3A) below.]

(3) If the authority declared to be in default by such an order fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.

[F247 (3A) If—

(a) a local authority have been notified under subsection (2B) above; and

(b) there has been any such continuance or recurrence as is mentioned in that subsection of the failure to which the notification relates,

the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been such continuance or recurrence of the failure and do otherwise as to the court appears to be just.]

(4) Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.

Textual Amendments

F246 S. 211(2A)(2B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(2))

F247 S. 211(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(3)

Modifications etc. (not altering text)

C219 S. 211 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 78(4), 335

C220 S. 211 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

212 Limitation of liability of certain owners. S

Where a local authority claim to recover any sum in respect of rates or otherwise under or in pursuance of any provision of this Act from a person as being the owner of premises and that person proves that he—

(a) is receiving the rent merely as trustee, tutor, curator, factor or agent for some other person; and

(b) has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability should be limited to the total amount of the money which he has or has had in his hands as aforesaid.

213 Tweed Fisheries Commissioners. U.K.

F248 (1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X2 (3) The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.

Editorial Information

X2 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 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

Textual Amendments

F248 S. 213(1)–(2) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII

General S

214 Consequential and minor modifications and amendments. S

(1) As from 16th May 1975 Part I of Schedule 27 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.

(2) As from that date the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in the said Part II, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.

215 Consequential and supplementary provisions. S

(1) The Secretary of State or any appropriate Minister may at any time, whether before or after 16th May 1975, by order make such incidental, consequential, transitional or supplementary provisions as may appear to him—

(a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) An order under this section may in particular make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in that order shall be inconsistent with any provision of this Act.

(3) Subject to subsection (5)

below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions, that is to say—

• any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,

• any notice or direction given or treated as given by or to such an authority,

• any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,

• any application, proposal or objection made or treated as made by or to such an authority,

• any condition or requirement imposed or treated as imposed by or on such an authority, or

• any appeal allowed by or in favour of or against such an authority,

shall, as from 16th May 1975, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.

(4) If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.

(5) Subsection (3)

above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.

(6) Section 25 of this Act shall apply for the purposes of Part I and of this Part of this Act as if any reference to an order under Part II of this Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under the said Part I or this Part of this Act, but any agreement made by virtue of this subsection may only be made by new local authorities and after 16th May 1975.

(7) In this section, “existing local authority” includes a joint committee, joint board and water board.

(8) Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C221 S. 215 extended by Value Added Tax Act 1983 (c. 55), Sch. 10 para. 7

216 Transfer of officers. S

(1) An order or regulations under section 24, or an order under section 215, of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F249

(3) Any such order or regulations as is or are referred to in subsection (1) . . . F250 above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—

(a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and

(b) the said new terms and conditions are such that—

(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and

(ii) the other terms and conditions of his employment,

are not less favourable than those which he enjoyed immediately before the date of transfer.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F249

Textual Amendments

F249 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F250 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

217 Continuity of employment in cases of voluntary transfer. S

(1) This section applies to a person if—

(a) at some time before 16th May 1975, or on that date but otherwise than by virtue of provision made by an order under section 216 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and

(b) had he continued until 16th May 1975 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of Part I of this Act, provision would have been made by an order under section 216(2) of this Act for his transfer on that date to the employment of a specified local authority.

(2) Where this section applies to a person, then for the purposes of [F251 paragraph 10 of Part II of Schedule 1 to the M137 Trade Union and Labour Relations Act 1974] (qualifying period for protection from unfair dismissal) and [F252 section 49 of the M138 Employment Protection (Consolidation) Act 1978] (minimum periods of notice)—

(a) the period of employment in his previous employment shall count as a period of employment in his new employment, and

(b) the change of employment shall not break the continuity of the period of employment.

Textual Amendments

F251 Words substituted by virtue of Trade Union and Labour Relations Act (c. 52), Sch. 4 para. 7

F252 Words substituted by virtue of Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 15 para. 4

Marginal Citations

M137 1974 c. 52.

M138 1978 c. 44.

218—221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F253 S

Textual Amendments

F253 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

222 Transfer of property. S

(1) The Secretary of State shall by order provide that all property vested on 15th May 1975 in one or more existing relevant authorities, other than property which is subject to the provisions of section 128 or 223 of this Act or property mentioned in subsection (2) below, shall on 16th May 1975 be transferred to and vest in such new relevant authority as may be specified in or determined under the order.

(2) The Secretary of State shall by order provide that all property held as part of the common good by an existing local authority on 15th May 1975 shall on 16th May 1975 be transferred to and vest in such islands or district council as may be specified in or determined under the order, and those councils, other than the district councils of Aberdeen, Dundee, Edinburgh and Glasgow, shall, in administering that property, have regard to the interests of the inhabitants of the area to which the common good formerly related.

(3) The district councils of Aberdeen, Dundee, Edinburgh and Glasgow shall, in administering the property transferred to them by virtue of subsection (2) above, have regard to the interests of all the inhabitants of their districts.

(4) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C222 S. 222(2) excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)

223 Property held on trust. S

(1) All property held on trust immediately before 16th May 1975 by

(a) an existing local authority, or

(b) a councillor and a specified officer of an existing local authority,

shall on that day be transferred to and vest (subject to the same trust) in the appropriate islands or district council.

(2) The council in whom property is vested by virtue of subsection (1)

above shall nominate a sufficient number of their councillors to act as trustees of that property and in so doing shall have regard to the terms of the trust deed; and where the property is held immediately before 16th May 1975 by the persons mentioned in subsection (1)(b) above, the council shall nominate the proper officer as one of the trustees.

(3) All property held on trust immediately before 16th May 1975 by a specified officer of an existing local authority shall on that day be transferred to and vest (subject to the same trust) in the proper officer of the appropriate islands or district council.

(4) Where, immediately before 16th May 1975, property is held on trust by the holder of an office, whether as a councillor or a specified officer, connected with an existing local authority or existing local authorities and any other person, the appropriate islands or district council or (where the area to which the trust relates comprises the areas of more than one existing local authority) the appropriate islands or district councils shall, on the application of the trustees, nominate a sufficient number of their councillors to act in place of such holder and in so doing shall have regard to the terms of the trust deed, and, where the terms of the trust deed so require, the said council or councils shall nominate the proper officer as one of the trustees.

(5) In this section “appropriate islands or district council” means, in relation to an existing local authority, the islands or district council whose area comprises the whole or the greater part of the area of the existing local authority, and “appropriate islands or district councils” shall be construed accordingly.

(6) This section shall not apply to property which is subject to section 128 of this Act.

Modifications etc. (not altering text)

C223 S. 223 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1)

224 Property commission for Scotland. S

(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F254

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F255

(6) In . . . F256 section 222 of this Act—

(a) “property” means any property, heritable or moveable, other than a security or balance in a fund, and all interests, rights and liabilities in or relating to property;

(b) “relevant authority” means a local authority within the meaning of the 1947 Act or this Act, as the context may require, a joint committee, river purification board or water board or an association of local authorities the constituent members of which include any such local authority as aforesaid.

(7) In the foregoing provisions of this Part of this Act “water board” means a regional water board or a water development board, or both, as the context may require.

Textual Amendments

F254 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F255 S. 224(5) repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

F256 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

225 Local Acts and instruments. S

(1) Subject to subsections (2)

and (8) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall—

(a) notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 16th May 1975 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b) have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2) Subsection (1)

above shall have effect subject to the provisions of—

(a) this Act, other than Part I of Schedule 27;

(b) any Act passed after this Act and before 16th May 1975; and

(c) any order made under section 215 of this Act or the following provisions of this section.

(3) Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 16th May 1975 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

(4) Subsection (3)

above shall not come into force until 16th May 1975 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

(5) Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 215 of this Act, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a) extend the provision throughout the new local government area in which it is continued in force;

(b) provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c) make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d) repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e) transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 215 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f) with prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.

(6) [F257 Subject to sections 134(2), 135 and 137 of the M139 Civic Government (Scotland) Act 1982 and any order under these sections,] All local statutory provisions to which this subsection applies shall cease to have effect at the end of [F258 1984], but—

(a) the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;

(b) the Secretary of State may from time to time by order postpone the date on which all local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.

(7) An instrument containing an order under subsection (5)

or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Any local statutory provision relating to valuation or the determination, levying, collection or recovery of rates shall cease to have effect:

Provided that this subsection shall not affect the operation of section 19(2) of the M140 Water (Scotland) Act 1949 (domestic water rate payable at reduced rate in certain cases).

(9) This section applies to any local statutory provision in force immediately before 16th May 1975 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following statutory provisions—

(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.

(10) In subsection (9)

above “local authority” means—

(a) a council of a county, county of city, burgh or district;

(b) any body which immediately after the coming into force of the enactment which constituted the body exercised functions which immediately before 16th May 1975, were exercised by one of the councils referred to in paragraph (a) above;

and “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.

Textual Amendments

F257 Words inserted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1)

F258 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1)

Modifications etc. (not altering text)

C224 S. 225(6) amended by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 29(2) and Civic Government (Scotland) Act 1982 (c. 45), ss. 134, 135

Marginal Citations

M139 1982 c. 45.

M140 1949 c. 31.

226 Existing joint boards. S

(1) Subject to the following provisions of this section, where an existing joint board, every member of which is appointed by a local authority, was constituted by or under any enactment for exercising functions for any area, then, notwithstanding the change of areas and authorities effected by Part I of this Act, the board shall continue to exist on and after 16th May 1975 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).

(2) Subsection (1)

above shall not apply to a joint board constituted for an area which on 16th May 1975 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable; and accordingly in any such case—

(a) the functions of the board shall on 16th May 1975 become functions of that new local authority; and

(b) the joint board shall cease to exist on that date.

(3) The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 215 of this Act.

(4) The following provisions shall have effect for the construction of references to a local statutory provision to which section 225 of this Act applies:—

(a) any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section;

(b) any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 16th May 1975 as comprises the area for which the board acted.

(5) The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

227 Abolition of Dean of Guild Court. S

On 16th May 1975 all dean of guild courts shall cease to exist, and unless otherwise provided, all powers, duties and responsibilities conferred on a dean of guild or a dean of guild court by or under any enactment shall thereafter be exercised by the authority responsible for building control in the area concerned.

228 Abolition of fiars courts for counties, etc. S

(1) The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.

(2) Subject to the provisions of section 12 of the M141 Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.

(3) In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.

(4) Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.

F259 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “the appointed day” means the day appointed under section 238 of this Act for the coming into operation of this section.

Textual Amendments

F259 S. 228(5) repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13, Pt. I (with s. 45(3), Sch. 12 paras. 1-3).

Marginal Citations

M141 1924 c. 27.

F260 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F260 S. 229 repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1, Pt. X Group1

230 Committees of existing local authorities. S

(1) Existing local authorities may establish, or the Secretary of State may require existing local authorities to establish, a committee in each region, islands area or district to consider any matter which it is expedient should be considered before the election of the council of the authority concerned in order to ensure the effective operation of that council on and after 16th May 1975.

(2) A committee established under this section shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.

(3) Any expenses incurred by a committee established under subsection (1)

above shall be defrayed by the local authorities by whom the committee was established in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

231 Application to sheriff in cases of difficulty. S

(1) Where, from failure to observe any of the provisions of this Act or from any other cause, a difficulty arises in carrying into effect any of the provisions of this Act, or where in any case any question arises as to the procedure to be followed, or where any question arises in connection with the election of members of a local authority and no provision is made in this Act for meeting such difficulty or determining such question, it shall be lawful for the local authority or any seven local government electors for the area of the authority or the proper officer of the authority, or in the case of a question relating to an election of members of a local authority for the returning officer at the election, to make application to the sheriff setting forth the circumstances and after such intimation and inquiry as to the sheriff seems proper, the sheriff may give such directions as in his judgment will enable the provisions of this Act to be complied with as nearly as possible or determine the question as the case may be, and may make such order as seems proper to him with reference to the expenses in connection with the application and the persons by whom such expenses are payable.

(2) Subject to any order made by the sheriff, all expenses incurrred in connection with any application under the preceding subsection shall be defrayed as part of the general expenses of the authority.

Modifications etc. (not altering text)

C225 S. 231 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

S. 231 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

232 Provisions regarding applications to court. S

(1) Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff other than the sheriff principal, it shall be competent to appeal to the sheriff principal against the decision of the sheriff within fourteen days after the date thereof, but subject thereto the decision of the sheriff principal or sheriff shall, except where otherwise specifically provided, be final.

(2) Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.

(3) Where any application is presented to two or more sheriffs principal under this Act and they 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.

Modifications etc. (not altering text)

C226 S. 232 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

S. 232 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

233 Orders, rules and regulations. S

(1) Any power to make orders, rules or regulations conferred on any Minister by any provision of this Act, other than section 104(1), [F261 210(7)] 211 or 221 shall be exercisable by statutory instrument.

(2) Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.

(3) An order made by a Minister under this Act may contain such incidental, consequential and supplemental provisions as appear to the Minister by whom the order is made to be necessary or proper for bringing the order into operation and giving full effect thereto.

Textual Amendments

F261 “210(7)” inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(3)

234 Expenses. S

There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by any Minister under this Act; and

(b) any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

235 General provisions as to interpretation. S

(1) In this Act, except where the context otherwise requires—

• “appropriate Minister”, with respect to any matter, means the Minister in charge of any Government Department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose;

• “area”, in relation to a local authority, means a region, islands area or a district as the case may be;

• “college council” and “school council” have the meanings assigned to them by section 125 of this Act;

• “education authority”, “educational establishment”, “further education” and “school” have the same meanings as in [F262 the M142 Education (Scotland) Act 1980];

• “education committee” means a committee appointed under section 124 of this Act;

• “electoral area”, in relation to a region or islands area, means an electoral division and, in relation to a district, means a ward, within the meaning of section 5 of this Act;

• “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;

• “existing”, in relation to any authority, means that authority as they existed immediately before the passing of this Act;

• “financial year” has the meaning assigned to it by section 96(5) of this Act;

• “joint board” means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

• “joint committee” means a body, not being a body corporate, constituted for the purpose of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;

• “land” includes land covered with water and any interest right or servitude in or over land;

• “local authority” means a regional, islands or district council;

• “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act;

• “new”, in relation to any authority, means that authority as established by or under this Act;

• “1947 Act” means the M143 Local Government (Scotland) Act 1947;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “rating authority” has the meaning assigned to it by section 109(1) of this Act;

• “water authority” has the meaning assigned to it by section [F263 109(1) of the M144 Water (Scotland) Act 1980].

(2) Any reference in this Act to a regional, islands or district council includes a reference to any combination of those councils.

(3) Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.

(4) In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.

Textual Amendments

F262 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44), Sch. 3 para. 1

F263 Words substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

Modifications etc. (not altering text)

C227 S. 235 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3

Marginal Citations

M142 1980 c. 44.

M143 1947 c. 43.

M144 1980 c. 45.

236 Savings. S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F264

(2) [F265 Subject to section 74(3) of this Act and to section 20 of the Water (Scotland) Act 1980] Nothing in sections 70 to 78 of this Act shall affect any provision relating to the acquisition by agreement or compulsorily, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the following enactments or any instrument made thereunder—

(a) The Burial Grounds Acts;

(b) The Military Lands Acts 1892 to 1903;

(c) The M145 Cremation Act 1902;

(d) The Housing (Scotland) [F266 Act 1987];

[F267 (e) The Water (Scotland) Act 1980;]

(f) The Education (Scotland) Acts 1939 to 1973;

(g) The M146 Police (Scotland) Act 1967;

(h) Any local Act.

(3) Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of her royal prerogative.

Textual Amendments

F264 S. 236(1) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F265 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 28

F266 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(3)

F267 S. 236(2)(e) substituted by Water (Scotland) Act 1980 (c. 45), Sch. 10 Pt. II

Marginal Citations

M145 1902 c. 8.

M146 1967 c. 77.

237 Repeals. S

(1) The enactments specified in Schedule 29 to this Act (which include enactments that were obsolete, spent or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.

(2) Without prejudice to [F268 section 17(2) of the M147 Interpretation Act 1978], where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 215, 216, 219 or 225 of this Act references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.

Textual Amendments

F268 Words substituted by virtue of Interpretation Act 1978 (c. 63), s. 25(2)

Modifications etc. (not altering text)

C228 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 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

M147 1978 c. 30.

238 Short title, commencement and extent. S

(1) This Act may be cited as the Local Government (Scotland) Act 1973.

(2) This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.

(3) This Act, except sections 92, 146(5) and 213 and paragraph 64 of Schedule 17 and Schedule 26 F269 . . . extends to Scotland only.

Textual Amendments

F269 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

Modifications etc. (not altering text)

C229 Power of appointment conferred by s. 238(2) fully exercised: S.I. 1973/1886, 2181