SCHEDULES

SCHEDULE 27 Adaptation and Amendment of Enactments

Section 214.

Part I General Adaptation of Enactments

1

(1)

This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment.

(2)

Any reference in any such enactment, including the 1947 Act, or instrument to a local authority within the meaning of the 1947 Act shall be construed as a reference to a local authority within the meaning of this Act.

(3)

Any reference in any such enactment or instrument to a sheriff clerk of a county, however expressed, shall be construed as a reference to the sheriff clerk of the sheriff court district concerned.

2

(1)

Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority.

(2)

Sub-paragraph (1) above shall not apply in any case—

(a)

to a reference to a specified officer of a local authority in an enactment mentioned in section 64(5) of this Act or any other enactment referring to an officer specified in such a reference; or

(b)

to a reference in any enactment to an assessor or depute assessor appointed under section 116 of this Act.

X1Part II Minor and Consequential Amendments

Annotations:
Editorial Information

X1The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M1Jury Trials (Scotland) Act 1815

1

In section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.

The M2Riotous Assemblies (Scotland) Act 1822

2

In section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.

The M3Jurors (Scotland) Act 1825

3

In section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.

4

For section 3 (rolls of jurors) there shall be substituted the following section:—

“3 General jury book.

The sheriff principal of each sheriffdom shall, in respect of each sheriff court district in his sheriffdom, maintain a book, known as “the general jury book”, containing the names and designations of persons within the district who are qualified and liable to serve as jurors, and that book shall be kept in the sheriff clerk’s office for the district and shall be open on all lawful days to the inspection of any person”.

5

For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—

“7 Jurors for High Court and Court of Session trials in Edinburgh.

The High Court of Justiciary and the Court of Session may, by Act of Adjournal or Act of Sederunt, as the case may be, specify the areas from which and the proportions in which jurors are to be summoned for trials in those courts to be held in Edinburgh, and for any such trial the sheriff principal of the sheriffdom in which the trial is to take place shall requisition the required number of jurors from the areas and in the proportions so specified”.

F16, 7.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.

The M4Court of Session Act 1868

9

In section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.

The M5Explosives Act 1875

10

In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—

“(1)

A regional or islands council; and”.

11

In section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—

“(a)

The regional or general rate, as the case may be; and”

The M6Militia Act 1882

12

In section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.

F213, 14.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M7Allotments (Scotland) Act 1892

16

In section 2(1) (duty to acquire land for allotments), the following amendments shall be made—

(a)

for the words from “the case of a burgh” to “that parish” there shall be substituted the words “ their area ”;

(b)

for the words “the burgh or parish” there shall be substituted the words “ the area ”;

(c)

for the words “such burgh or in such parish” there shall be substituted the words “ their area ”;

(d)

for the words “the said burgh or the said parish” there shall be substituted the words “ their area ”;

(e)

for the words “the said burgh or parish” there shall be substituted the words “ their area ”.

17

In section 6(2) (management of allotments), for the words “the burgh or parish” there shall be substituted the words “ their area ”.

18

In section 8(2) (recovery of rent), for the words from “the burgh” to “provided” there shall be substituted the words “ their area ” and for the words “the burgh or parish” (in both places where they subsequently occur) there shall be substituted the words “ their area ”.

19

In section 14 (register of tenancies), for the words “the burgh or the parish” there shall be substituted the words “ their area ”, for the words “such burgh or parish” there shall be substituted the words “ such area ” and for the words “burgh or parish” (where last occurring) there shall be substituted the word “ area ”.

20

In section 16 (definitions), in the definition of “local authority”, for the words from “in” (where first occurring) onwards there shall be substituted the words “ an islands or a district council ”.

The M8Local Government (Scotland) Act 1894

21

Sections 3 to 25 shall cease to have effect.

22

Sections 42 to 48 shall cease to have effect.

23

In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.

The M9 Merchant Shipping Act 1894

Annotations:
Marginal Citations

M91894 C. 60

24

In section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.

25

In section 668 (Commissioners of Northern Lights), the following amendments shall be made—

(a)

in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;

(b)

in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.

The M10Public Health (Scotland) Act 1897

26

In section 3 (definitions),—

(a)

the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ” shall cease to have effect,

(b)

for the definition of “district” there shall be substituted the following definition—

“Except in section 12 and, where it second occurs in section 36(4) of this Act, the word “district” means the area of the local authority for the purposes of this Act.”

27

In section 6, for the words “parish council” there shall be substituted the words “ local authority ”.

28

For section 12 there shall be substituted the following section—

“12 Local authotities for the purposes of the Act.

The islands or district council shall be the local authority for the purposes of this Act.”

29

Section 15 (reports and returns), shall cease to have effect.

F430

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F531

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F632

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155, and 177, the word “ magistrate ” or “ magistrates ”, in each place where either of them occurs, shall cease to have effect.

34

Section 28 shall cease to have effect.

35

In section 31 (waterclosets etc. used in common) the words “ or of their sanitary inspector ” shall cease to have effect.

36

In section 32 (offensive businesses) in subsection (2), the words from “ but, in the case ” onwards shall cease to have effect.

F737

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F838

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

In section 39 (scavenging of highways)—

(a)

in the first paragraph for the words from the beginning to “situated” there shall be substituted the words “ A local authority ” and the words “ within such special scavenging district ” shall cease to have effect;

(b)

in the second paragraph for the words “within such special district” and for the words from “district committee” to “council)” there shall be substituted respectively the words “ in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not apply ” and “ local highway authority within the meaning of the 1ocal Government (Scotland) Act 1973 ”.

40

In section 42 (removal of manure), the words “ in any special scavenging district ”, in both places where they occur, shall cease to have effect.

41

In section 94 (power to require additional supply of water), the words from “ but in the case ” onwards shall cease to have effect.

42

Section 118 shall cease to have effect.

43

Section 121 (combination of local authorities as to sewerage) shall cease to have effect.

44

In section 146 (procedure on neglect of duty),—

(a)

in subsection (1), the words “ or for a parish council ” and “ of the county ” shall cease to have effect, and

(b)

in subsection (2) the words “ or for any parish council ” shall cease to have effect.

45

In section 157, the words “ magistrate or ” shall cease to have effect.

46

In section 158, the words “ or magistrates ” shall cease to have effect.

47

In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs, shall cease to have effect.

48

Sections 191 (saving for county councils and standing joint committees) and 192 (saving of local Acts) shall cease to have effect.

F949

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1050

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M11Milk and Dairies (Scotland) Act 1914

51

In section 2 (definitions), at the end there shall be added the following definition—

““local authority” means an islands or district council”.

52

In section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.

The M12Police, Factories &c. (Miscellaneous Provisions) Act 1916

53

In section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.

The M13Land Settlement (Scotland) Act 1919

54

In section 18(2) (powers regarding allotments), for the words “town councils” and “town council” there shall be substituted respectively the words “ local authorities ” and “ local authority ”.

F1155

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M14Celluloid and Cinematograph Film Act 1922

56

In section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.

57

In section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.

The M15Allotments (Scotland) Act 1922

58

In section 7 (common pasture), for the words “the burgh or parish” (wherever they occur) there shall be substituted the words “ their area ”.

59

In section 10(1) (powers of entry), for the words “town council or parish council” there shall be substituted the words “ local authority ”.

60

in section 19(1) (interpretation), in the definition of “local authority”, for the words “a town council or parish” there shall be substituted the words “ an islands area or a district ”.

The M16Milk and Dairies (Amendment) Act 1922

61

In section 2 (refusal of registration), at the end there shall be added the following subsection—

“(4)

In this section “local authority” means an islands or district council.”

62

In section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.

The M17Church of Scotland (Properly and Endowments) Act 1925

63

In section 22 (burgh churches)—

(a)

after subsection (2), there shall be inserted the following subsection—

“(2A)

References in any scheme made under this section of this Act and in subsection (2) above to the magistrates or the town council of a burgh and to the burgh within which a burgh church is situated shall, on and after 16th May 1975, be construed respectively as references to the council of the district and to the district within which that burgh church is situated.”;

(b)

in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;

(c)

in subsection (4)—

(i)

before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;

(ii)

the words “ continue to ” shall cease to have effect;

(iii)

for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.

64

In section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.

65

In section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.

66

In section 32 (transfer of parish churchyards)—

(a)

for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;

(b)

subsection (3) shall cease to have effect;

(c)

in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.

67

In section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.

F1268

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M18Agricultural Produce (Grading and Marking) Act 1928

69

In section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.

The M19Slaughter of Animals (Scotland) Act 1928

70

In section 7 (definitions), at the end there shall be added the following definition—
  1. “(e)

    “local authority” means an islands or district council”.

The M20Petroleum (Consolidation) Act 1928

71

In section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a)

in a region, the regional council;

(b)

in an islands area, the islands council.”.

The M21Local Government (Scotland) Act 1929

72

Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.

73

In section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.

74

Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.

75

In section 77, the following amendments shall be made—

(a)

subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and

(b)

in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.

76

Section 79 and Schedules 1, 2 and 5 shall cease to have effect.

The M22Reservoirs (Safety Provisions) Act 1930

77

In section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.

The M23Agricultural Land (Utilisation) Act 1931

F1378

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M24Church of Scotland (Property and Endowments) Amendment Act 1933

79

In section 2(2) (transfer of certain churchyards)—

(a)

for the words “county or burgh” there shall be substituted the words “ islands area or district ”;

(b)

the words from “ or, in the case ” onwards shall cease to have effect.

The M25Private Legislation Procedure (Scotland) Act 1936

80

In section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.

The M26Children and Young Persons (Scotland) Act 1937

81

In section 110 (interpretation) the following amendments shall be made—

(a)

in subsection (1), for the definition of “Local authority” there shall be substituted the following definition—

““Local authority” means a regional or islands council.”,

and the definition of “ Large burgh ” shall cease to have effect, and

  1. (b)

    subsection (2) shall cease to have effect.

The M27Air-Raid Precautions Act 1937

82

In section 13 (application to Scotland) the following amendments shall be made—

(a)

in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;

(b)

in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;

(c)

in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;

(d)

in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.

(e)

subsections (9), (10) and (12) shall cease to have effect.

The M28Civil Defence Act 1939

83

In section 91 (application to Scotland) the following amendments shall be made—

(a)

in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—

“(2)

The council of a district shall before exercising any function under this Part of this Act consult with the council of the region within which that district is situated.”;

(b)

in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;

(c)

in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.

(d)

for subsection (23) there shall be substituted the following subsection:—

“(23)

in section 64(1), for the words from the beginning to “district” there shall be substituted the words “ Any regional, islands or district council ””;

(e)

in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;

(f)

in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;

(g)

in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;

(h)

subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.

The M29Public Health (Scotland) Act 1945

84

In section 1(8) (interpretation), for the definition of “local authority” there shall be substituted the following definition—

“the expression “local authority” means an islands or district council”.

The M30Civic Restaurants Act 1947

85

In section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.

86

In section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.

F1487

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M31Local Government Act 1948

88

In section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.

The M32National Assistance Act 1948

89

In section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.

F1590

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91

In section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.

92

In section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.

93

In section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.

94

In section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.

The M33Civil Defence Act 1948

95

In section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.

The M34Finance Act 1949

96

In section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—

“(a)

the local authority shall be an islands or district council”.

F1697, 98.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M35Criminal Justice (Scotland) Act 1949

99

In section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.

The M36National Parks and Access to the Countryside Act 1949

100

In section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.

F17101

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102

In section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.

103

In section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.

104

In section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.

105

In section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.

The M37Allotments (Scotland) Act 1950

106

In section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.

107

In section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.

The M38Rag Flock and Other Filling Materials Act 1951

108

In section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.

The M39Prisons (Scotland) Act 1952

109

In section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.

110

In section 14 (legalised police cells), the following amendments shall be made—

(a)

in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”

(b)

in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;

(c)

in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;

(d)

in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;

(e)

in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police M40 (Scotland) Act 1967 it means a joint police committee ”.

111

In section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.

The M41Post Office Act 1953

112

In section 51(5)(a) (power of local authority to contribute towards new post office, etc.), for the words from “or urban district” onwards there shall be substituted the words “urban district, rural district or parish and to the council thereof there shall be substituted references to an islands area or a district and to the council thereof; and references to a contributory place and to a parish meeting shall be omitted;”.

The M42Emergency Laws (Miscellaneous Provisions) Act 1953

113

In section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.

F18114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M43Slaughterhouses Act 1954

116

In section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.

The M44Long Leases (Scotland) Act 1954

117

In section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M45Army Act 1955

118

In section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M46Air Force Act 1955

119

In section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M47Crofters (Scotland) Act 1955

120

In section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.

The M48Food and Drugs (Scotland) Act 1956

121

In section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—

“(5)

In this section “local authority” means an islands or district council”.

122

In section 21 (cold stores), at the end there shall be added the following subsection—

“(2)

In this section “local authority” means an islands or district council”.

123

In section 26 (administrative authorities), the following amendments shall be made—

(a)

in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;

(b)

for subsection (4) there shall be substituted the following subsection—

“(4)

Subject to the provisions of this Act and of the Local Government (Scotland) Act 1973, in this Act “local authority” means a regional, islands or district council.”

124

In section 27 (public analysts), at the end there shall be added the following subsection—

“(7)

In this section “local authority” means a regional or islands council.”

125

In section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.

126

In section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.

The M49Agriculture (Safety, Health and Welfare Provisions) Act 1956

127

In section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

The M50Clean Air Act 1956

F20128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21129—131.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M51Coal-Mining (Subsidence) Act 1957

F22132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M52Land Drainage (Scotland) Act 1958

133

In Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M53Disabled Persons (Employment) Act 1958

134

In section 3 (provision of sheltered employment), the following amendments shall be made—

(a)

in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;

(b)

in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;

(c)

subsection (4) shall cease to have effect;

(d)

in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.

135

The Schedule shall cease to have effect.

The M54Matrimonial Proceedings (Children) Act 1958

136

In section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

137

In section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.

138

In section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.

The M55Trading Representations (Disabled Persons) Act 1958

139

In section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.

F23140

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M56Opencast Coal Act 1958

141

In section 52(2) (application to Scotland), after the definition of “land” there shall be inserted the following definition—

““local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973”.

The M57Adoption Act 1958

142

In section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.

The M58Deer (Scotland) Act 1959

F24143

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M59Radioactive Substances Act 1960

F25144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M60Public Bodies (Admission to Meetings) Act 1960

145

In the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.

The M61Noise Abatement Act 1960

146

In section 1(5)(a) (noise or vibration nuisance), for the words “a county or town council” there shall be substituted the words “ the islands or district council ”.

147

In section 2(5)(b) (restriction of operation on highways etc. of loudspeakers), for the words “a county council, town council” there shall be substituted the words “ the islands ”.

148

In section 4 (saving for byelaws), for the words “subsection (5) of section 300 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ section 201(3) of the Local Government (Scotland) Act 1973 ”.

F26149, 150.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M62Flood Prevention (Scotland) Act 1961

151

In section 15(1) (interpretation), the following amendments shall be made:—

(a)

for the definitions of “local authority” and “area” there shall be substituted the following definition:—

““local authority” has the meaning assigned to it by section 1(2) of this Act;”

(b)

for the definition of “sewer” there shall be substituted the following definition:—

““sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;”

F27(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M63Building Societies Act 1962

152

In Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.

The M64Local Government (Development and Finance) (Scotland) Act 1964

F28153

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

154

In section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.

155

In section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.

F29156, 157.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M65Gas Act 1965

158

In section 28(1) (interpretation), the following amendments shall be made:—

(a)

in the definition of “local authority”, for the words “town or county” there shall be substituted the words “ regional, islands or district ”;

F30(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31159

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M66Highlands and Islands Development (Scotland) Act 1965

F32160

In section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.

161

In section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.

F33162

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34163

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M67Local Government (Scotland) Act 1966

164

In section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.

F35165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M68Forestry Act 1967

166

In section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.

The M69Slaughter of Poultry Act 1967

167

In section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

F36168

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37169, 170.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M70Countryside (Scotland) Act 1967

171

In section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”

172

In section 78(1) (interpretation), the following amendments shall be made—

(a)

in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”;

(b)

in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M71Capital Allowances Act 1968

173

In section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.

The M72Trade Descriptions Act 1968

174

Section 26 (enforcing authorities) shall have effect as if—

(a)

in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the M73Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;

(b)

in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the M74Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

The M75Health Services and Public Health Act 1968

175

In section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—

(a)

in subsection (2A)—

(i)

for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,

(ii)

the last paragraph shall cease to have effect,

(b)

in subsection (2B)—

(i)

in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,

(ii)

paragraph (b) shall cease to have effect.

176

In section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—

“(cc)

for the reference in paragraph (e) thereof to local education authorities there were substituted a reference to education authorities.”.

177

For section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—

“(3)

In this section “local authority” means an islands or district, council.”.

178

In section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.

The M76Sewerage (Scotland) Act 1968

179

In section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.

F38180

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

181

For section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—

“(3)

The expenses of a local authority under this Act shall be met from the regional or general rate, as the case may be.”.

F39182

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M77Social Work (Scotland) Act 1968

183

In section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.

184

In section 2(2) after paragraph (b) there shall be inserted the following paragraph—

“(bb)

the Disabled Persons (Employment) Act 1958”.

F40185

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

186

In section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.

F41187

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42188—190.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M78Medicines Act 1968

191

In section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—

“(c)

references to a food and drugs authority and to the area of any such authority were references respectively to a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956 and to the area of such an authority; and

(d)

references to any such council as is mentioned in section 108(8) of this Act and to the area of any such council were references respectively to a regional or islands council and to a region or islands area.”

The M79Mines and Quarries (Tips) Act 1969

192

In section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”

The M80Post Office Act 1969

193

In section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.

The M81Development of Tourism Act 1969

194

In section 14(2)(b) (restriction on grants and loans), for the words “county council, town council” there shall be substituted the words “regional islands”.

The M82Local Authorities (Goods and Services) Act 1970

195

In section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.

196

In section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.

The M83 Agriculture Act 1970

F43197

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

198

In section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.

199

For section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—

“(b)

“local authority” has the same meaning as in section 1(2) of the Flood Prevention (Scotland) Act 1961.”.

The M84Fire Precautions Act 1971

200

In section 43 (interpretation), in subsection (1), in the definition of “local authority”, in paragraph (b), for the words from “the council” onwards there shall be substituted the words “ except in section 17, the islands or district council. ”

F44201

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M85Island of Rockall Act 1972

202

In section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.

The M86National Health Service (Scotland) Act 1972

203

In Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.

The M87Gas Act 1972

204

In section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.

The M88Agriculture (Miscellaneous Provisions) Act 1972

205

In section 4(2) (authority to be informed about milk tests), for the words from “county council” to “situated” there shall be substituted the words “ islands or district council in Scotland ”.

206

In section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.

F45207

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M89Employment Agencies Act 1973

Annotations:
Marginal Citations

M891973 35.

208

In section 13(1) (interpretation), the following amendments shall be made—

(a)

in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;

(b)

in the definition of “local authority”, for the words from “Scotland” onwards there shall be substituted the words “ Scotland, means a regional, islands or district council ”.

The M90Hallmarking Act 1973

209

In section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the M91Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.

The M92Badgers Act 1973

210

In section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.

The M93Breeding of Dogs Act 1973

211

In section 5 (2) (interpretation), in the definition of “local authority”, for the words “the council of any county or burgh” there shall be substituted the words “ an islands or district council ”.