(1)The M1Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below.
X1(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.”
X1(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 ”.
X1(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.
X1(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 [F1areas] of Scotland, that is to say, the counties of Northumberland or Cumbria, or the [F1areas] 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 [F1areas] ” or “ or [F1area] ”;
(b)in subsection (2) for paragraph (b) there shall be substituted the following paragraph—
“(b)references to the [F1area] 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 [F1areas].”
X1(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.
F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1(8)For section 23 of that Act there shall be substituted the following section—
(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.”
X1(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.
Editorial Information
X1The 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
F1S. 146(5)(a)(b): words "areas" and "area" substituted (S.) (1.4.1996) for the words "regions" and "region" respectively by 1994 c. 39, s. 180(1), Sch. 13 para. 92(42); S.I. 1996/323, art. 4(1)(c)
F2S. 146(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
Marginal Citations
(1)Subject to the provisions of this section, the fire brigades maintained in Scotland for the purposes of the Fire Services Acts 1947 to 1959 by fire authorities or, where administration schemes have been made, joint committees for combined areas immediately before 1st April 1996 shall continue in existence on and after that date.
(2)Subject to the provisions of the M2Fire Services Act 1947, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall, until 31st March 1996, continue to be a regional or islands council and thereafter shall be a local authority.
(3)The fire brigades for the existing fire authorities of Fife and Dumfries and Galloway shall be the fire brigades for the new fire authorities of the same names.
(4)The Secretary of State shall, before 1st April 1996, by order make schemes (hereafter referred to as “administration schemes”) for the local government areas comprised in each of the combined areas set out in the Table at the end of this subsection for the provision in the combined area of the services required by section 1 of the Fire Services Act 1947; and the fire brigades for the existing areas shown in brackets in the first column shall be the fire brigades for the new combined areas.
| Combined area | Local government areas comprised |
|---|---|
| Central (Central Region). | Clackmannan, Falkirk, Stirling. |
| North Eastern (Grampian Region). | Aberdeenshire, City of Aberdeen, Moray. |
| Northern (Northern). | Highland, Orkney Islands, Shetland Islands, Western Isles. |
| South Eastern (South Eastern). | East Lothian, Midlothian, West Lothian, the Borders, City of Edinburgh. |
| Mid and South Western (Strathclyde Region). | Argyll and Bute, City of Glasgow, Dumbarton and Clydebank, East Dunbartonshire, Inverclyde, East Renfrewshire, East Ayrshire, North Ayrshire, South Ayrshire, North Lanarkshire, South Lanarkshire, Renfrewshire. |
| Mid Eastern (Tayside Region). | Angus, City of Dundee, Perthshire and Kinross. |
(5)Subject to subsection (6) below, an administration scheme made under this section may contain such provision as the Secretary of State considers necessary or appropriate for the purposes of the scheme including, without prejudice to the generality of the foregoing, any provision which is required to be made, or which may be made, in an administration scheme under section 36 of the Fire Services Act 1947.
(6)An administration scheme made under this section shall provide for the incorporation of the joint board with a common seal and shall confer on such a board power to hold land and to borrow money.
(7)Before making an administration scheme under this section the Secretary of State shall—
(a)consult such fire authorities as appear to him to be affected by the scheme; and
(b)where any such authority submit objections to the scheme, inform that authority in writing whether he accepts the objections and, if he does not, why he does not.
(8)An administration scheme made under this section shall not take effect before 1st April 1996, except so far as it relates to—
(a)the constitution of the joint board for fire services; and
(b)the performance by that board of functions necessary for bringing the scheme into full operation on that date.
(9)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F3S. 147 substituted (6.4.1995) by 1994 c. 39, s. 36 (with s. 7(2)); S.I. 1995/702, art. 4(1), Sch. 2
Marginal Citations
F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(2)–(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.
F5(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 148(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F5S. 148(2)–(7), (9) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11
Textual Amendments
Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.]
Textual Amendments
F7S. 150 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(43); S.I. 1996/323, art. 4(1)(c)
Textual Amendments
F8S. 151 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 3 para. 27, Sch. 8
Textual Amendments
F9S. 152 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16
(1)All rights which are presently vested in [F10regional or islands councils] 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 F11. . . council within whose area the ferry is situated.
(2)A F12. . . council or any two or more F13. . . councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but F13. . . 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 F14. . . council or any two or more F15. . . 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 [F16—]
[F16“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and]
“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.
Textual Amendments
F10Words in s. 153(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(a)(i); S.I. 1996/323, art. 4(1)(c)
F11Words in s. 153(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F12Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F13Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F14Words in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F15Word in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F16Definition of "council" in s. 153(5) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(d); S.I. 1996/323, art. 4(1)(c)
(1)F17. . ., all rights which are presently vested in [F18regional, islands or district councils] in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which [F19regional, islands or district councils] are subject in that connection, are hereby transferred to the F20. . . 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 F21. . . council and partly within the area of another F21. . . council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.
(3)A F22. . .council or any two or more F23. . . 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.
F24(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If a local authority so elects and notifies the Secretary of State accordingly, Part III of the M3Harbours, 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 M4Harbours, 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 [F25—]
[F25“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and]
“harbour authority” and “marine work” have the same meanings as in section 57(1) of the M5Harbours 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
F17Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F18Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(ii); S.I. 1996/323, art. 4(1)(c)
F19Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(iii); S.I. 1996/323, art. 4(1)(c)
F20Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(iv), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F21Words in s. 154(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F22Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F23Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F24S. 154(3A)(3B) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F25Definition of "council" in s. 154(7) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(e); S.I. 1996/323, art. 4(1)(c)
Modifications etc. (not altering text)
C1S. 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
Textual Amendments
F26S. 154A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
Textual Amendments
F27S. 154B repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
F28(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X2(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 ”.
X2(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.
F29(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X2(5)In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect.
X2(6)Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect.
X2(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 ”.
Editorial Information
X2The 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
F28S. 155(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(46), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F30(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X3(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.
X3(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 ”.
Editorial Information
X3The 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
F30S. 156(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(47), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
Textual Amendments
F31S. 157 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2(e)(v) and expressed to be repealed (prosp.) by 1994 c. 39, ss. 180(1)(2), 184(2), Sch. 13 para. 92(48), Sch. 14
Textual Amendments
Textual Amendments
F33S. 159 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(49), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
Textual Amendments
F34S. 160 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II
Textual Amendments
F35S. 161 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
Textual Amendments
F37(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)A local authority F38. . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.
F39(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
F37S. 163(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F38Words in s. 163(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F39S. 163(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
Textual Amendments
The functions of river purification boards under the M6Spray 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
F41(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X4(2)Accordingly the following amendments shall be made in that Act—
F42(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 ”;
F42(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Editorial Information
X4The 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
F41S. 166(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
F42S. 166(2)(a)(e)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2
Textual Amendments
Textual Amendments
F44S. 168 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(51), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
(1)The functions of [F45islands or district councils] under the M7Burial Grounds (Scotland) Act 1855 and the M8Cremation Acts 1902 M9 and 1952 shall be transferred to and vest in [F46councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
(2)The functions of councils under the M10M11Church 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.
Textual Amendments
F45Words in s. 169(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(52)(a); S.I. 1996/323, art. 4(1)(c)
F46Words in s. 169(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(52)(b); S.I. 1996/323, art. 4(1)(c)
Marginal Citations
(1)The local authority for the purposes of the M12War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the M13Local Government Act 1948 shall be a [F47local authority within the meaning of this Act]; 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.
X5(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.”
Editorial Information
X5The 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
F47Words in s. 170(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(53); S.I. 1996/323, art. 4(1)(c)
Marginal Citations