Local Government (Scotland) Act 1975

1. Introductory Text

2. Part I Finance

   1. Valuation

      1. 1. The valuation roll and revaluation.

      2. 2. Alterations to valuation roll which is in force.

      3. 3. Provisions supplementary to sections 1 and 2.

      4. 3A. Assessor’s powers of entry for valuation purposes.

      5. 4. Valuation appeal committees.

      6. 5. Valuation of public undertakings.

      7. 6. Valuation by formula of certain lands and heritages.

   2. Rating

      1. 7. Levying of rates.

      2. 7A. Provisions as to setting of non-domestic rates.

      3. 7B. Provisions as to setting of non-domestic rates.

      4. 8. Payment of rates by instalments.

      5. 9. Restriction on rates payable when valuation appeal is pending.

      6. 9A. Interest on rates paid in error.

      7. 10. Collection of rates by housing body on behalf of rating authority.

      8. 11. Assessment roll.

   3. Grants

      1. 12. Rate support grants.

      2. 13. Removal of limit on contributions to local authorities under Rural Water Supplies and Sewerage Act 1944.

      3. 14. Termination of certain existing grants for roads and public transport.

      4. 15. Termination of certain existing grants to local authorities for certain other purposes.

      5. 15A. Direct Labour Organisation/ Direct Services Organisation Accounts.

   4. Miscellaneous Financial Provisions

      1. 16. Borrowing and lending by local authorities and certain other bodies and certain of their funds.

      2. 17. Remuneration and expenses of members of Commission for Local Authority Accounts.

      3. 18. Financial year of local authorities.

      4. 19. Amendment of section 201 of Act of 1947.

      5. 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Part II Local Administration

   1. 21. Commissioner for Local Administration.

   2. 22. Body to be designated by Secretary of State for purposes of Part II.

   3. 23. Authorities subject to investigation.

   4. 24. Matters subject to investigation.

   5. 25. Provisions relating to complaints.

   6. 26. Procedure in respect of investigations.

   7. 27. Power of Commissioner to require information and other matters relating to investigations.

   8. 28. Reports on investigations.

   9. 29. Reports on investigations: further provisions.

   10. 29A. Consideration of adverse reports.

   11. 30. Law of defamation and limitation on disclosure of information by Commissioner.

   12. 31. Consultation between Commissioner, the Parliamentary Commissioner and the Health Service Commissioner.

   13. 32. Interpretation of Part II.

4. Part III Miscellaneous and General

   1. 33. Allowances for members of children’s panels and Children’s Panel Advisory Committees

   2. 34. Transference of social workers of Health Boards to local authority employment.

   3. 35. Orders and regulations.

   4. 36. Expenses.

   5. 37. General interpretation.

   6. 38. Minor and consequential amendments and repeals.

   7. 39. Short title, commencement, construction, savings and extent.

5. SCHEDULES

   1. SCHEDULE 1

      . . .

   2. SCHEDULE 2

      Amendment of Provisions of Local Government (Scotland) Act 1966 Relating to Rate Support Grants

      1. 1. For section 2 (rate support grants), there shall be substituted...

      2. 2. In section 3(1) (rate support grant orders), for the words...

      3. 3. For section 4 (variation of orders, etc.), there shall be...

      4. 4. In section 7(1) (reduction of rates on dwellings by reference...

      5. 5. In Part I of Schedule 1 (the needs element)—

      6. 6. For Part II of Schedule 1 there shall be substituted...

      7. 7. In paragraph 1 of Part III of Schedule 1 (the...

   3. SCHEDULE 3

      Borrowing and Lending by Local Authorities and Certain other Bodies and Certain of their Funds

      1. Borrowing

         1. 1. (1) Without prejudice to section 69 of the Act of...

         2. 2. (1) Where a local authority are authorised under a statutory...

         3. 3. A local authority may borrow by way of temporary loan...

         4. 4. The power of a local authority to borrow money by...

         5. 5. (1) The Secretary of State may by regulations made with...

         6. 6. (1) A local authority may borrow by the issue of...

         7. 7. A local authority may issue bonds transferable by delivery (with...

         8. 8. (1) Subject to the provisions of this paragraph and notwithstanding...

         9. 9. Two or more local authorities may combine to exercise their...

      2. Loans

         1. 10. (1) A local authority may lend to another authority mentioned...

         2. 11. (1) A local authority may make loans to a harbour...

      3. Loans fund

         1. 12. (1) Subject to the following provisions of this Schedule, a...

         2. 13. (1) All capital assets and liabilities which are transferred to...

         3. 14. Any statutory borrowing power vested in a local authority on...

         4. 15. (1) Subject to sub-paragraph (2) below and to sub-paragraph (2)...

         5. 16. (1) Where a sum is advanced from the loans fund...

         6. 17. (1) The authority shall at the time an advance is...

         7. 18. In the event of it appearing at any time from...

         8. 19. Without prejudice to paragraph 18 above, the Secretary of State...

         9. 20. (1) If at any time any sums due by way...

         10. 21. (1) Notwithstanding anything in this Schedule, the Secretary of State...

      4. Capital, Renewal and Repair Funds

         1. 22. (1) Subject to the provisions of this Schedule, a local...

         2. 23. (1) Subject to sub-paragraph (2) below, a local authority by...

         3. 24. (1) A local authority by whom a renewal and repair...

         4. 24A. A local authority by whom a DLO reserve fund is...

         5. 25. (1) Notwithstanding anything in any enactment, a local authority may...

      5. Miscellaneous

         1. 26. A person lending money to a local authority shall not...

         2. 27. . . . . . . . . . ....

         3. 28. (1) Subject to paragraph 1(4) above and sub-paragraph (2) below,...

         4. 29. Save as otherwise expressly provided, the provisions of this Schedule...

         5. 30. Nothing in this Schedule shall apply to or affect the...

         6. 31. In this Schedule, unless the context otherwise requires— “advance”, in...

   4. SCHEDULE 4

      The Commissioner

      1. Disqualifications

         1. 1. (1) A person shall be disqualified for being appointed as,...

         2. 2. The Commissioner, during his term of office and for 3...

      2. Remuneration, etc.

         1. 3. (1) The designated body shall pay to, or in respect...

      3. Staff and accommodation

         1. 4. (1) The Commissioner may appoint a secretary and such other...

      4. Expenses of the Commissioner

         1. 5. Subject to section 29(2H) of this Act, all reasonable expenses...

      5. Disqualification for membership of the House of Commons and the Northern Ireland Assembly

         1. 6. In Part III of Schedule 1 to the House of...

   5. SCHEDULE 5

      Matters not Subject to Investigation

      1. 1. The commencement or conduct of civil or criminal proceedings before...

      2. 2. Action taken by any police authority or any joint police...

      3. 3. (1) Action taken in matters relating to contractual or other...

      4. 4. Action taken in respect of appointments or removals, pay, discipline,...

      5. 5. Any action concerning— (a) the giving of instruction, whether secular...

   6. SCHEDULE 6

      Adaptation and Amendment of Enactments

      1. Part I General Adaptation of Enactments

         1. 1. Any reference in any enactment to an entry in the...

         2. 2. Any reference in the Valuation Acts or in any enactment...

      2. Part II Minor and Consequential Amendments

         1. The Lands Valuation (Scotland) Act 1854 (c. 91)

            1. 1. In section 7 (assessor may call for written statement of...

            2. 2. In section 24 (notice of valuation)— (a) the words “in...

            3. 3. In section 25 (appeal by parish, county or burgh interested...

            4. 4. For section 35 (valuation rolls preserved in the General Register...

            5. 5. In section 42 (interpretation), in the definition of “machinery fixed...

         2. The Sporting Lands Rating (Scotland) Act 1886 (c. 15)

            1. 6. In section 6 (valuation of shootings and deer forests), for...

         3. The Valuation of Lands (Scotland) Acts Amendment Act 1894 (c. 36)

            1. 7. In section 7 (extension of meaning of word company), for...

         4. The Rating and Valuation (Apportionment) Act 1928 (c. 44)

            1. 8. In section 9(13) (application to Scotland), for the words from...

         5. The Railways (Valuation for Rating) Act 1930 (c. 24)

            1. 9. In section 22(7) (amendment of other Acts), for the words...

         6. 10. . . . . . . . . . ....

         7. The Civic Restaurants Act 1947 (c. 22)

            1. 11. In section 3 (financial provisions), in subsection (1) the words...

         8. The Local Government (Scotland) Act 1947 (c. 43)

            1. 12. In section 235 (rating authority may require power to furnish...

            2. 13. In section 243 (occupiers’ rates not to be levied in...

         9. The Local Government Act 1948 (c. 26)

            1. 14. In section 100(3) (provisions as to making and division of...

         10. 15—16. . . . . . . . . . ....

         11. The Rating and Valuation (Scotland) Act 1952 (c. 47)

             1. 17. In section 3 (notice to rating authorities of Assessor’s proposed...

             2. 18. In section 4 (Assessor of Public Undertakings (Scotland) to amend...

         12. The Pests Act 1954 (c. 68)

             1. 19. For section 6 (charges for inspection of ships), there shall...

         13. The Valuation and Rating (Scotland) Act 1956 (c. 60)

             1. 20. In section 13 (time for giving notices etc.)—

             2. 21. In section 43(1) (interpretation), in the definition of “the Valuation...

             3. 22. . . . . . . . . . ....

         14. The Local Government (Financial Provisions) (Scotland) Act 1963 (c. 12)

             1. 23. In section 7(4) (apportionment), for the words “the fifteenth day...

             2. 24. In section 9 (meaning of product of a rate of...

             3. 25. In section 15 (proceedings before valuation appeal committees)—

             4. 26. In section 22 (miscellaneous amendments of Act of 1956 repating...

             5. 27. In section 26(1) (interpretation), in the definition of “year of...

         15. The Public Works Loans Act 1964 (c. 9)

             1. 28. In section 6(1) (re-borrowing powers of public authorities), for the...

         16. The Teaching Council (Scotland) Act 1965 (c. 19)

             1. 29. In Schedule 1 (constitution of the Council)—

         17. The Public Works Loans Act 1965 (c. 63)

             1. 30. In section 2 (new form of local loan and automatic...

         18. The Housing (Scotland) Act 1966 (c. 49)

             1. 31. In Schedule 7 (provisions as to local bonds), in paragraph...

         19. The Local Government (Scotland) Act 1966 (c. 51)

             1. 32. In section 15 (valuation according to tone of roll), in...

             2. 33. In section 24 (liability to be rated in respect of...

             3. 34. In subsection 25 (provisions supplementary to section 24)—

             4. 35. In section 27 (notification of unoccupied dwelling-houses)—

             5. 36. In section 46(1) (general interpretation), in the definition of “year...

             6. 37. In Schedule 2 (valuation of water undertakings)—

             7. 38. In Schedule 3 (rating of unoccupied property), in paragraph 3(6)...

         20. 39. . . . . . . . . . ....

         21. The National Loans Act 1968 (c. 13)

             1. 40. In paragraph 1 of Schedule 4 (local loans), for the...

         22. The Transport Act 1968 (c. 73)

             1. 41. In section 12(7)(b) (borrowing powers of Executive), for the words...

             2. 42. In section 19(1) (transfer of control of bus services to...

         23. 43. . . . . . . . . . ....

         24. The Local Government (Footpaths and Open Spaces) (Scotland) Act 1970 (c. 28)

             1. 44. In section 5 (interpretation), in the definition of “local authority”,...

         25. The Breeding of Dogs Act 1973 (c. 60)

             1. 45. In section 1 (licensing)— (a) in subsection (2), for the...

         26. The Local Government (Scotland) Act 1973 (c. 65)

             1. 46. In section 49 (application of sections 45 to 47 to...

             2. 47. In section 94 (capital expenses), after subsection (1) there shall...

             3. 48. In section 97(6) (Commission for Local Authority Accounts in Scotland),...

             4. 49. In section 113 (persons eligible for rate rebates)—

             5. 50. In section 125 (school and college councils), after subsection (3)...

             6. 51. In section 183(1) (directions relating to specialist advice), for paragraphs...

             7. 52. In section 194 (execution of deeds by local authority and...

             8. 53. In subsection 202 (procedures, etc., for byelaws)—

             9. 54. In Schedule 7 (meetings and proceedings of local authorities)—

             10. 55. In Schedule 14 (amendment of enactments relating to roads), paragraphs...

             11. 56. In Schedule 17 (amendment of enactments relating to water)—

             12. 57. In Schedule 23 (amendment of enactments relating to planning), in...

             13. 58. In Schedule 29 (repeals), the entry relating to the Acquisition...

         27. The Housing (Scotland) Act 1974 (c. 45)

             1. 59. In section 3 (conditions for approval of applications for improvement...

         28. The House of Commons Disqualifications Act 1975 (c. 24)

             1. 60. In Part III of Schedule 1, in the entry relating...

             2. 61. In Part IV of Schedule 1, in the entry relating...

         29. The Northern Ireland Assembly Disqualification Act 1975 (c. 25)

             1. 62. In Part III of Schedule 1, in the entry relating...

   7. SCHEDULE 7

      Repeals