Local Government and Planning (Scotland) Act 1982

Part I Valuation and Rating Etc.

1In section 5 of the Local Government (Scotland) Act 1966...

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Redetermination of estimated aggregate amount of rate support grants.

4 Rating of plant and machinery.

5 Valuation of and reduction and remission of rates payable in respect of communal accommodation for single people.

Part II Local Authority Functions

6 Effect of specific power or duty to incur expenditure at one tier of local government on exercise of general such power at different tier.

7 Functions of local authority in relation to industrial promotion.

8 Power of local authority to enter into arrangements under Employment and Training Act 1973.

9 Part II of Schedule 1 to continue to have effect.

10 Re-allocation of responsibility for the establishment of nature reserves.

11 Islands or district council’s functions in relation to tourism.

12 Regional or islands council’s functions in affording assistance for rural bus services.

13 Local authorities’ functions in relation to the provision of caravan sites.

14 Islands or district council’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities.

15 Islands or district council’s powers in relation to the provision of recreational, sporting, cultural and social facilities and activities.

16 Provisions supplementary to section 15.

17 Power of local authority to contribute towards provision of cultural activities and facilities.

18 Byelaws in relation to recreational, sporting, cultural and social activities.

19 Interpretation of and savings in relation to sections 14 to 18.

20In section 154 of the 1973 Act (which transfers rights,...

21 Transfer of responsibility for flood warning systems from regional councils to river purification boards.

22 Re-allocation of responsibility for the enforcement of certain provisions of the Food and Drugs (Scotland) Act 1956.

23 General powers of local authority to assist community council.

24 Islands or district council’s functions in relation to the provision of gardening assistance for the disabled and the elderly.

25 Islands or district council’s functions in relation to street cleansing.

26 Islands or district council’s functions in relation to the provision of public conveniences.

27 Islands or district council’s functions in relation to the provision of a market.

28 Islands or district council’s functions in relation to the provision of clocks.

29 Power to repeal local statutory provisions which are superseded by provisions of this Act.

30 Power of islands and district councils to provide and maintain roadside seats.

31 Cessation of regional, council’s functions as regards war memorials.

32 Delegation of functions by sub-committees of local authorities.

33 Consequential transfer of officers of local authorities.

34 Consequential transfer of property of local authorities.

35 Arbitration under section 33(4) or 34(5).

Part III Planning

36 Secretary of State’s discretion as regards public examination of structure plans.

37 Proposals for alterations to structure plans.

38 Inquiries with respect to local plans.

39 Modification of local plans.

40 Alteration of local plans.

41 Publication of notices of planning applications.

42 Publication of notices of planning applications.

43 Power of regional planning authority to take enforcement action.

44 Register of waste land, enforcement and stop notices.

45 Power of local authorities to recover cost of various orders.

46 Power of planning authorities to vary planning permission.

47 Restriction on further appeal following decision of Secretary of State on appeal under section 63A, 85 or 93 of the 1972 Act.

48 Further amendments of the 1972 Act.

Part IV Miscellaneous and Supplementary

49 Power of local authority to make an advance for the acquisition of land or erection of buildings.

50 Power of local authority incur expenditure for certain purposes not otherwise authorised.

51—55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56 Maintenance of sewage treatment works and waterworks.

57 Liability of water authorities etc. for damage caused by escapes of water onto agricultural or forestry land.

58 Power of water authority to require seperate service pipes in cases of interference with water supply.

59 Exemption from charges for water for fire fighting.

60 Approved duties of councillors and allowances in respect thereof.

61 Abolition of Amenity Committee.

62 Abolition of Staff Commission for Scotland.

63 Abolition of Property Commission for Scotland.

64 Savings in respect of byelaws.

65 Consequential, transitional and supplementary provisions.

66 Amendments and repeals.

67 Interpretation.

69 Short title, commencement and extent.

SCHEDULE 1 Re-allocation of Functions Relating to the Countryside

Part II Consequential Amendment of Enactments

The Local Government (Development and Finance) (Scotland) Act 1964 (c. 67)

1At the end of section 3 (supplementary provisions in relation...

The Countryside (Scotland) Act 1967 (c. 86)

2In section 12 (Countryside Commission to consult with local planning...

3In section 13(1) (power to make access agreement), for the...

4In section 14(1) (power to make access order) for the...

5In section 16(5) (enforceability etc. of access agreement), for the...

6In section 17(4) (works for giving effect to access agreement),...

7In section 18(1) (enforcement of access), for the words from...

8In section 20 (compensation for access orders), for the words...

9In section 24(1) (acquisition of land for public access), for...

10In each of sections 27(4) (taking of steps to protect...

11In section 31(1) (compulsory powers for creation of public paths),...

12In section 32 (powers of planning authority in relation to...

13In section 33(1) (making up and maintenance of public paths),...

14In section 34(1) (closure of public paths), for the words...

15In section 35 (diversion of public paths)—

16In section 38(3) (supplementary provisions as regards public path creation,...

17For subsection (5) of section 49 (interpretation of provisions relating...

18For subsection (3) of section 50 (interpretation of provisions relating...

19For subsection (2) of section 51 (power to provide parking...

20For subsection (2) of section 52 (exercise of powers under...

21In section 54 (byelaws as respects country parks and local...

22In section 55(1) (default powers of Secretary of State as...

23In section 56 (byelaws as to pleasure boats), in subsection...

24In section 65(5) (authorities which may appoint wardens as respects...

25In section 69(3) (powers of planning authority as regards acquisition,...

Schedule 2 Amendments of Town and Country Planning (Scotland) Act 1972

1In subsection (1) of section 16 (which makes supplementary provision...

2In section 22 (which relates to the form and content...

3In section 24 (which provides for notification of applications to...

4In section 25 (which relates to publicity for planning applications...

5In subsection (2) of section 26 (which relates to the...

6In section 28 (which provides for the regulation of the...

7In subsection (1) of section 29 (which relates to permission...

8After section 30 there shall be inserted the following section—...

9At the end of section 31 (which relates to registers...

10In section 32 (which relates to the reference of applications...

11In section 33 (which relates to appeals against planning decisions)—...

12In section 34 (which relates to appeals in default of...

13In section 39(2)(a) (which relates to outline planning permission), for...

14At the end of section 50 (which provides for agreements...

15In section 54 (which relates to the control of works...

16After the said section 54 there shall be inserted the...

17In section 63 (which relates to the proper maintenance of...

18After section 63 there shall be inserted the following section—...

19In section 84 (which relates to the power to serve...

20In section 85 (which relates to appeals against enforcement notices)—...

21In section 86 (which relates to the continuing contravention of...

22In section 87(8)(b) (which relates to the continuing contravention of...

23In section 88 (which relates to the execution and cost...

24In section 89(4) (which relates to the reinstatement of buildings...

25After section 89 (which provides for the continuation in force...

26In section 92 (which relates to the power to serve...

27In section 93 (which relates to appeals against listed building...

28In section 94(2) (which relates to the continuing contravention of...

29In section 98(3) (which relates to the continuing contravention of...

30In section 100(1) (which relates to the continuing contravention of...

31In section 101(2) (which relates to the continuing contravention of...

32In the proviso to subsection (4) of section 136 (which...

33At the end of section 169 (which relates to the...

34After section 229 there shall be inserted the following section—...

35In section 231(3) (which relates to the validity of certain...

36In section 232 (which relates to the procedure for questioning...

37At the end of section 254 (which relates to agreements...

38In subsection (8) of section 262A (the which section relates...

39In section 262B(1) (which relates to proposals for the preservation...

40In section 265— (a) in subsection (1)—

41In section 266(2) (which relates to the wilful obstruction of...

42At the end of section 272 (which relates to combined...

43In sub-paragraph (2) of paragraph 5 of Schedule 10 (which...

Schedule 3 Minor and Consequential Amendments

The Public Libraries Consolidation (Scotland) Act 1887 (c. 42)

1In section 2 (which makes provision as regards the interpretation...

The Local Government Act 1948 (c. 26)

2In section 133(3)(ii) (which provides for the interpretation of certain...

The Caravan Sites and Control of Development Act 1960 (c. 62)

3In Schedule 1— (a) in paragraph 10(1) (which relates to...

The Trustee Investments Act 1961 (c. 62)

4In section 7(3) (which interprets the expression “Consolidated Loans Fund”...

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

5In section 2(2) (which relates to the determination of the...

6In section 3 (which provides for the making of rate...

7In section 4 (which relates to the variation of rate...

The Countryside (Scotland) Act 1967 (c. 86)

8In section 31 (which makes provision as regards the compulsory...

9In section 34 (which makes provision as regards the closure...

10In section 35 (which makes provision as regards the diversion...

11In Schedule 3 (which comprises provisions as to the making,...

The Roads (Scotland) Act 1970 (c. 20)

12In section 21(2) (which makes provision as regards expenses incurred...

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

13In section 31(1)(a) (which makes provision as regards disqualification from...

14In section 38(4)(a) (which provides that allowances are not to...

15In section 67 (which makes provision as regards the disqualification...

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17In section 94— (a) in subsection (1B) (which relates to...

18–20. . . . . . . . . ....

21In section 163(3) (which designates the local authority for the...

22In section 172(3) (which makes provision as regards interpretation), after...

23In section 176 (which makes provision as regards local plans)—...

24For section 179 (which makes provision as regards applications for...

25In section 181(2) (which, among other things, empowers a regional...

26In Schedule 7 (which relates to meetings and proceedings of...

27In Column 2 of Part I of Schedule 22 (which...

28In Column 2 of Part 11 of Schedule 22 (which...

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

29–33. . . . . . . . . ....

The Safety of Sports Grounds Act 1975 (c. 52)

34In section 11 (which relates to powers of entry in...

The Electricity (Scotland) Act 1979 (c. 11)

35, 36. . . . . . . . . ....

The Education (Scotland) Act 1980 (c. 44)

37In section 1 (which imposes a duty on education authorities...

38In section 6(1) (which among other things empowers for certain...

The Tenants’ Rights, Etc. (Scotland) Act 1980 (c. 52)

39, 40. . . . . . . . . ....

The Local Government, Planning and Land Act 1980 (c. 65)

41In section 70 (which provides for grants in respect of...

42In paragraph 33 of Schedule 32 (which makes provision as...

The Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23)

43. . . . . . . . . ....

Schedule 4 Repeals

Part II Powers of Entry

Royal arms

Local Government and Planning (Scotland) Act 1982

1982 CHAPTER 43

An Act to make further provision as regards local government and planning in Scotland; to abolish as regards Scotland certain powers of entry and advisory committees; to amend the Tenants’ Rights, Etc. (Scotland) Act 1980; and for connected purposes.

[30th July 1982]