Local Government etc. (Scotland) Act 1994

1994 CHAPTER 39

An Act to make provision with respect to local government and the functions of local authorities; to make amendments in relation to local government finance, local authority accounts and the records of local authorities; to establish a Strathclyde Passenger Transport Authority for the purposes of the Transport Act 1968; to provide for the establishment of new water and sewerage authorities; to provide for the establishment of a council to represent the interests of customers and potential customers of those new authorities; to provide for the vesting in those new authorities of the property, rights and liabilities of the Central Scotland Water Development Board and of such property, rights and liabilities of regional and islands councils as those councils have as water authorities, as providers of sewerage and in relation to dealing with the contents of sewers; to provide for the dissolution of that Board; to cancel certain obligations to contribute towards expenses which have been incurred by local authorities in making provision for sewerage or disposal of sewage in rural localities; to create an office of Principal Reporter and transfer to him the functions of reporters to children’s hearings; to establish a body to facilitate the performance by the Principal Reporter of his functions; to amend the Social Work (Scotland) Act 1968 in relation to children’s hearings; to amend the procedure for making byelaws under section 121 of the Civic Government (Scotland) Act 1982; to transfer to local authorities responsibility for fixing and reviewing polling districts and polling places in Parliamentary elections; to amend section 21 of the Self-Governing Schools etc. (Scotland) Act 1989; to amend the law relating to roads and the placing of traffic signs on roads; to make amendments in relation to valuation and rating; to abolish the Scottish Valuation Advisory Council; to empower the Strathclyde Passenger Transport Authority to guarantee certain obligations; to empower local authorities to make grants to ethnic minorities; to confer on local authorities the function of promoting economic development; to provide for the establishment of area tourist boards; to make amendments in relation to lieutenancies; all as respects Scotland; and for connected purposes.

[3rd November 1994]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1Act excluded (27.5.1997) by 1997 c. 8, ss. 24(5)(a), 278(2)

Act applied (1.4.1999) by 1998 c. 37, s. 19(8); S.I. 1998/3263, art. 5(c)

Part IS Local Government Reorganisation

Modifications etc. (not altering text)

C2Pt. I (ss. 1-61) applied (1.4.1996) by 1990 c. 35, s. 21(5) (as inserted (1.4.1996) by 1996 c. 39, s. 180(1), Sch. 13 para. 164(2)(b); S.I. 1996/323, art. 4(1)(b)(c))

Chapter 1S Local Government Areas, Authorities and Elections

1 Local government areas in Scotland.S

(1)Scotland shall, in accordance with the provisions of this Part of this Act, have local government areas for the administration of local government on and after 1st April 1996.

(2)Scotland shall be divided into the local government areas named in column 1 of Part I of Schedule 1 to this Act, and those areas shall comprise the areas described in column 2 of Part I.

(3)On 1st April 1996—

(a)all local government areas existing immediately before that date which are regions or districts; and

(b)all regional and district councils,

shall cease to exist.

(4)Part II of Schedule 1 (provisions as to boundaries) shall have effect.

2 Constitution of councils.S

(1)For every local government area there shall be a council consisting of a convener and councillors.

(2)Subject to any provision of this Act [F1and of the M1Environment Act 1995], the council for each local government area shall on and after 1st April 1996 have all the functions exercised immediately before that date in relation to their area by any existing regional, islands or district council.

(3)The council for each local government area shall be a body corporate by the name “The Council” with the addition of the name of the particular area, and shall have a common seal.

Textual Amendments

Modifications etc. (not altering text)

C3S. 2(3) excluded (27.4.1997) by 1973 c. 65, s. 23(1A) (as inserted (27.4.1997) by 1997 c. 6, ss. 1, 2(2))

Marginal Citations

3 Orkney, Shetland and Western Isles.S

(1)The islands councils of Orkney, Shetland and the Western Isles shall continue to exist as bodies corporate but, on and after 1st April 1996—

(a)they shall be known as “Orkney Islands Council”, “Shetland Islands Council” and “Western Isles Council”; and

(b)their areas shall be known as “Orkney Islands”, “Shetland Islands” and “Western Isles”,

respectively.

(2)The islands councils consisting of the councillors elected for the islands areas of Orkney, Shetland and the Western Isles at the ordinary election held in 1994 shall continue as councils until the second ordinary election of councillors for the new councils held under section 5 of this Act.

Modifications etc. (not altering text)

C4S. 3(1)(a) excluded (27.4.1997) by 1973 c. 65, s. 23(1A) (as inserted (27.4.1997) by 1997 c. 6, ss. 1, 2(2))

4 Convener and depute convener.S

(1)The council of each local government area shall elect a convener from among the councillors.

(2)A council may elect a member of the council to be depute convener.

(3)Subject to the provisions of this section and of Schedule 2 to this Act, the standing orders of a council may make provision for—

(a)the duration of the term of office (which may not extend beyond [F2the day on which the poll is held at] the next ordinary election of the council); and

(b)the procedure for early removal from office,

of the convener and depute convener.

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

(5)A person holding the office of convener or depute convener shall be eligible for re-election but shall cease to hold office upon ceasing to be a councillor.

(6)On a casual vacancy occurring in the office of convener, an election to fill the vacancy shall be held as soon as practicable by the council at a meeting of the council the notice of which specifies the filling of the vacancy as an item of business, and the depute convener or, failing him, a councillor selected by the meeting shall preside.

(7)The convener of each of the councils of the cities of Aberdeen, Dundee, Edinburgh and Glasgow shall, with effect from 1st April 1996, be known by the title of “Lord Provost”, and the convener of each other council shall be known by such title as that council may decide:

Provided that no such other council may, without the consent of the Secretary of State, decide that their convener shall be known by the title of “Lord Provost”.

(8)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in s. 4(3)(a) inserted (22.1.2002) by 2002 asp 1, s. 4(1)

5 Elections and term of office of councillors.S

F4(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(1B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(1C)After the ordinary election of councillors in 2017 the next ordinary election shall take place in 2022, and ordinary elections shall take place every [F8fifth] year after that.]

F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Councillors shall retire on the day [F11on which the poll is held at] the ordinary election next following the date on which they were elected.

F12(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7S. 5(1C) inserted (31.3.2016) by Scottish Elections (Dates) Act 2016 (asp 13), ss. 2(3), 3

F11Words in s. 5(4) substituted (22.1.2002) by 2002 asp 1, s. 4(2)

Modifications etc. (not altering text)

C5S. 5 applied (1.4.1996) by 1973 c. 65, s. 235(1) (as substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(b); S.I. 1996/323, art. 4(1)(b)(c))

S. 5 applied (1.4.1996) by 1988 c. 47, s. 22(2) (as substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 158(3)(b); S.I. 1996/323, art. 4(1)(b)(c))

6 Date of elections.S

For subsection (1) of section 43 of the Representation of the M2People Act 1983 (day of ordinary local elections in Scotland) substitute—

“(1)In every year in which ordinary elections of councillors for local government areas in Scotland are held, the day of election is—

(a)the first Thursday in May; or

(b)such other day as may be fixed by the Secretary of State by order made by statutory instrument not later than 1st February in the year preceding the year or, in the case of an order affecting more than one year, the first year in which the order is to take effect.

(1A)An order made under subsection (1)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Marginal Citations

7 Establishment of new local authorities and supplementary provisions.S

(1)Schedule 2 to this Act shall have effect with respect to the establishment of the new local authorities, the suspension of elections of existing authorities and related matters.

(2)This Part of this Act shall have effect, in relation to such establishment, subject to the provisions of that Schedule.

(3)Schedule 2 shall not apply in relation to the councils of Orkney Islands, Shetland Islands and Western Isles.

Chapter 2S Staff

8 Transfer of employees.S

(1)Subject to the provisions of this section, the Secretary of State may by order make provision with respect to—

(a)the transfer of employees from an existing local authority to a new authority with effect from 1st April 1996; and

(b)any matters arising out of or related to such transfer.

(2)An order under this section may, without prejudice to the generality of subsection (1)(a) above—

(a)make provision as to the new authority to which groups of employees, or particular employees, are to be transferred;

(b)prescribe a general rule or rules by which the transfer of employees, or of specified groups of employees, can be determined.

(3)Each regional and district council shall, in accordance with the provisions of an order made under this section, prepare a scheme in relation to the transfer under or by virtue of this Act of their employees.

(4)No scheme under subsection (3) above shall be made without the consent of the new authority or authorities, or of the new water and sewerage authority or authorities (within the meaning of Part II of this Act), to whom the employees concerned are to be transferred or, failing such consent, without the consent of the Secretary of State.

F14(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—

Textual Amendments

F14S. 8(5) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 3; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F15Words in s. 8(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 3; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

9 Effect of section 8 on contracts of employment.S

(1)This section applies to any person transferred from an existing local authority to a new authority under or by virtue of an order under section 8 of this Act.

(2)The contract of employment between such a person (the “employee”) and his present employer shall not be terminated by the abolition of that employer but shall have effect from 1st April 1996 (the “transfer date”) as if originally made between the employee and such new authority (his “new employer”) as may be specified in relation to him in an order made under section 8 of this Act.

(3)Without prejudice to subsection (2) above—

(a)all the present employer’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred on the transfer date to the new employer; and

(b)anything done before the transfer date by or in relation to the present employer in respect of that contract or the employee shall be deemed after that date to have been done by or in relation to the new employer.

(4)Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his terms and conditions of employment, but no such right shall arise by reason only of the change of employer effected by section 8 of this Act.

(5)In this section—

10 Continuity of employment.S

(1)This section applies to a person who at any time after the passing of this Act ceases to be employed by an existing local authority (his “former employer”) if—

(a)the termination of his employment is attributable, directly or indirectly, to any provision made by or under this Act;

(b)he is subsequently employed by another person (his “new employer”); and

(c)by virtue of [F16section 138 of the M3Employment Rights Act 1996] (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under [F17Part XI] of that Act.

(2)Where this section applies to a person, [F18Chapter I of Part XIV of the Employment Rights Act 1996] (computation of a period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions, that is to say—

(a)the period of employment of that person with his former employer shall count as a period of employment with his new employer; and

(b)the change of employer shall not break the continuity of the period of employment.

(3)Where this section applies to a person, the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.

(4)In this section “existing local authority” includes a joint committee and a joint board but does not, subject to any other provision of this Act, include an islands authority.

Textual Amendments

F16Words in s. 10(1)(c) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 66(2)(a)(i)

F17Words in s. 10(1)(c) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 66(2)(a)(ii)

F18Words in s. 10(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 66(2)(b)

Marginal Citations

11 Remuneration of employees of local authorities.S

(1)For the purposes of this section the Secretary of State may, after consulting such associations of local authorities as appear to him to be appropriate—

(a)designate such existing body as he considers appropriate; or

(b)by order made by statutory instrument establish a new body,

(in this section referred to, in either case, as “the advisory body”) to consider any increase made or proposed to be made by an authority in the remuneration of any of their employees.

(2)An order under subsection (1)(b) above—

(a)may make provision as to the constitution and membership of the body established; (b) may include provision as to the employment of staff and the remuneration and superannuation of the members and staff of the body; and

(c)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from authorities and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such authority requiring them to furnish to the advisory body such information as may be specified in the direction relating to the remuneration and other terms and conditions of employment of such employees of the authority as may be so specified.

(4)If it appears to the advisory body that an authority have fixed or propose to fix for any employee or class of employee of theirs a rate of remuneration which, having regard to any recommended levels of remuneration formulated on a national basis by representatives of local authorities and employees of local authorities, is greater than that which the advisory body consider appropriate for that employee or class of employees, they shall notify the authority concerned and recommend to them the rate of remuneration which should be paid to the employee or class of employees concerned.

(5)If it appears to the advisory body that an authority to whom they have made a recommendation under subsection (4) above are not complying with that recommendation, then, after giving notice in writing to the authority concerned of their intention to do so, they may refer the matter to the Secretary of State; and on such a reference the Secretary of State, after consultation with such associations of local authorities and of employees of local authorities as he considers appropriate in relation to the employee or class of employees concerned, may give a direction to that authority requiring them, with effect from such date as may be specified in the direction (not being earlier than the date on which notice was given to them by the advisory body), to pay such employee or class of employees of theirs as was the subject of the recommendation and as may be so specified remuneration at the rate recommended by the advisory body under subsection (4) above and specified in the direction.

(6)An authority to whom a direction is given under subsection (3) or subsection (5) above shall comply with the direction.

(7)If at any time in the period of three months beginning on 1st April 1996 it appears to the advisory body that the remuneration paid at any time before that date to any employee or class of employees of an existing local authority was such that, if that authority had not ceased to exist, the advisory body would have made a recommendation to the authority under subsection (4) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (5) above, they shall notify the Secretary of State and report to him the rate of remuneration which in their opinion should have been paid to the employee or class of employees concerned immediately before 1st April 1996 or such earlier date as may be specified in the report, being the date on which the employee or employees ceased to be employed by the local authority concerned.

(8)On receiving a report under subsection (7) above the Secretary of State may, after such consultation as is specified in subsection (5) above, by order made by statutory instrument provide that, for the purposes of the provisions of this Act, or of any regulations made under section 24 of the M4Superannuation Act 1972 (compensation for loss of office etc.), relating to transfer of officers and compensation for loss of office, the employee or class of employees to whom the report relates and who are specified in the order shall be deemed to have been receiving, immediately before 1st April 1996 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order.

(9)An order made under subsection (8) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

(11)The Secretary of State may not give a direction under subsection (5) above nor make an order under subsection (8) above after 31st March 1997.

Marginal Citations

12 Staff commission.S

(1)The Secretary of State shall, after such consultation, whether before or after the passing of this Act, as he thinks fit, by order establish a staff commission for the purpose of carrying out such functions in relation to the staff and staffing of authorities as he may consider appropriate.

(2)Without prejudice to the generality of subsection (1) above, an order under this section may confer on the staff commission the functions of—

(a)considering and keeping under review the arrangements for the recruitment of staff by new authorities and for the transfer in consequence of this Act or of any instrument made under it of staff employed by existing local authorities which cease to exist by virtue of Chapter 1 of this Part of this Act;

(b)considering such staffing problems arising out of, in consequence of or in connection with any provision of or instrument made under this Act as may be referred to them by the Secretary of State or by any authority;

(c)advising the Secretary of State as to the steps necessary to safeguard the interests of such staff; and

(d)advising authorities, either by the commission or by persons nominated by them.

(3)An order under this section may make provision as to the constitution and membership of the commission, the appointment and removal from office by the Secretary of State of the chairman and members of the commission, the employment of staff and the remuneration and superannuation of the members and staff of the commission.

(4)The Secretary of State may give directions—

(a)to the staff commission as to—

(i)the carrying out by them of their functions; and

(ii)their procedure;

(b)to any authority with respect to the furnishing by them of information requested by the commission; and

(c)to any authority with respect to—

(i)the implementation by them of any advice given by, or by persons nominated by, the commission; and

(ii)the payment by them of any expenses incurred by the commission in doing anything requested by them.

(5)Any expenses incurred by the staff commission and not recovered by them from an authority shall be paid by the Secretary of State out of money provided by Parliament.

(6)The Secretary of State may by order provide for the winding up of the commission and the disposal of their assets.

(7)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section—

13 Compensation for loss of office or diminution of emoluments.S

(1)This section applies to any person who at any time after the passing of this Act is in the service of—

(a)an existing local authority;

(b)a new authority; or

(c)a residuary body,

and who suffers loss of employment or diminution of emoluments which is attributable to any provision made by, under or by virtue of this Act.

(2)Where the Secretary of State makes provision by regulations under section 24 of the M5Superannuation Act 1972 (compensation for loss of office etc.) in relation to compensation in respect of any such loss or diminution as is referred to in subsection (1) above, such compensation shall be paid only in accordance with those regulations; and accordingly none of the bodies mentioned in subsection (1) above shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract, or otherwise.

(3)Subsection (2) above shall not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him on or before 9th December 1993.

(4)Regulations under the said section 24 shall not provide compensation for a person to whom this section applies in respect of any such loss or diminution as is mentioned in subsection (1) above so far as attributable to the termination (without prejudice to the provision of compensation where the said loss or diminution is attributable otherwise than to such termination) on or before 1st April 1996 of a contract made after 9th December 1993 which provides for the employment of that person for a fixed term extending beyond 1st April 1996.

(5)For the purpose of determining under [F19section 138 or 141 of the M6Employment Rights Act 1996 (renewal of contract or re-engagement)] —

(a)whether the provisions of a new contract offered to a person employed by any such body as is mentioned in subsection (1) above differ from the corresponding provisions of his previous contract; and

(b)whether employment under the new contract is suitable in relation to that person,

there shall be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if he accepted the offer, would be entitled in accordance with this section.

(6)Except as provided in subsection (5) above nothing in this section shall be construed as affecting any entitlement to a redundancy payment under [F20Part XI of the Employment Rights Act 1996] or to any payment by virtue of any provision of the M7Superannuation Act 1972 other than the said section 24.

(7)In this section—

Textual Amendments

F19Words in s. 13(5) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 66(3)(a)

F20Words in s. 13(6) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 66(3)(b)

Marginal Citations

14 Employment by new authorities.S

(1)If a new authority enter into a contract of employment with a person who has received or is entitled to receive a redundancy payment under [F21Part XI of the M8Employment Rights Act 1996]—

(a)by reason of his dismissal at any time—

(i)after the passing of this Act by a regional or district council; or

(ii)after the passing of this Act and before 1st April 1996 by a joint committee or a joint board; or

(b)by reason of his having been employed, immediately before 1st April 1996, by such a council, committee or board under a contract of employment which would have continued but for the abolition of such councils, committees or boards on that date and who is not transferred to a new authority by virtue of an order under section 8 of this Act,

the authority shall, if the Secretary of State so directs, pay to him, or to such person as he may direct, an amount equal to the redundancy payment.

(2)The Secretary of State shall not give a direction under subsection (1) above in respect of the employment of any person by a new authority if the authority satisfy him—

(a)that they could not reasonably have made that person an offer of employment on the terms and conditions of the contract first mentioned in that subsection which, if accepted by him, would have precluded his entitlement to the redundancy payment; or

(b)that the authority made such an offer but that the person concerned acted reasonably in refusing it; or

(c)that he could reasonably have refused such an offer if it had been made by the authority.

(3)In any case in which an amount is payable by a new authority under subsection (1) above there shall also be payable by them to the Secretary of State or to such person as he may direct an amount equal to any compensation under the regulations referred to in section 13(2) of this Act which has been paid or is payable to the person concerned before the time when he enters into the contract.

(4)In this section “new authority” means any of the authorities constituted under section 2 of this Act and a joint board.

Textual Amendments

F21Words in s. 14(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 66(4)

Marginal Citations

Chapter 3S Property

15 Transfer of property.S

(1)Subject to subsection (5) below, the Secretary of State may by order provide that any property vested in one or more existing local authorities immediately before 1st April 1996 shall on that date be transferred to and vest in such new authority or authorities as may be specified in or determined under the order.

(2)An order under this section may include provision for the transfer of all rights, liabilities and obligations of an existing local authority on 1st April 1996 to such new authority or authorities as may be specified in or determined under the order.

(3)An order under this section may make different provision in relation to—

(a)different items or categories of property;

(b)different, or different categories of, rights, liabilities or obligations; and

(c)different authorities.

(4)The power to transfer property conferred by this section includes power to transfer property which is held by an existing local authority as part of the common good, but such property may not be transferred to a residuary body and, in administering such property, any authority to which it is transferred shall—

(a)except in the case of the councils for Aberdeen, Dundee, Edinburgh and Glasgow, have regard to the interests of the inhabitants of the area to which the common good related prior to 16th May 1975; and

(b)in the case of the councils for Aberdeen, Dundee, Edinburgh and Glasgow, have regard to the interests of all the inhabitants of their areas.

(5)This section does not apply to any property which is transferred under or by virtue of section 16, 17 or 91 of this Act.

(6)Orders under this section shall be made by statutory instrument, and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7)For the purposes of this section—

16 Property held on trust.S

(1)All property held on trust immediately before 1st April 1996 by—

(a)an existing local authority; or

(b)a councillor and the proper officer or a specified officer of such an authority,

shall on that day be transferred to and vest (subject to the same trust) in the appropriate new authority.

(2)The authority in whom property is vested by virtue of subsection (1) above shall nominate a sufficient number of their councillors to act as trustees of that property and in so doing shall have regard to the terms of the trust deed; and where the property is held immediately before 1st April 1996 by the persons mentioned in subsection (1)(b) above, the authority shall nominate the proper officer as one of the trustees.

(3)All property held on trust immediately before 1st April 1996 by a specified officer of an existing local authority shall on that date be transferred to and vest (subject to the same trust) in the proper officer of the appropriate new authority.

(4)Where, immediately before 1st April 1996, property is held on trust by the holder of an office, whether as a councillor, the proper officer or a specified officer, connected with an existing local authority or authorities and any other person, the appropriate new authority or authorities shall, on the application of the trustees, nominate a sufficient number of their councillors to act in place of such holder and in so doing shall have regard to the terms of the trust deed and, where the terms of the trust deed so require, the said authority or authorities shall nominate their proper officer or the proper officer of one of them as one of the trustees.

(5)Where the area of the existing local authority in which, or in any councillor or officer of which, any trust property is vested falls entirely within the area of a new authority, that new authority is the appropriate new authority for the purposes of this section.

(6)Where the area of the existing local authority in which, or in any councillor or officer of which, any trust property is vested falls within the area of two or more new authorities, those authorities may agree in writing as to which of them is or are the appropriate new authority or authorities for the purposes of this section; and such agreement shall be conclusive as to the vesting of the property in one or more of those new authorities.

(7)Where the authorities mentioned in subsection (6) above cannot reach agreement as to the vesting of any trust property any of them may refer the matter to the Secretary of State, who may give a direction as to which is the appropriate authority or, as the case may be, which are the appropriate authorities; and a direction by the Secretary of State under this subsection shall be conclusive as to the vesting of the trust property in the new authority or authorities concerned.

(8)An agreement under subsection (6) above and a direction under subsection (7) above may relate to trust property generally, or to particular items, types or classes of such property, or to trust property situated in a particular part of an authority’s area.

(9)In this section—

(10)This section shall not apply to property which is subject to section 17 of this Act.

17 Educational endowments.S

(1)Where, immediately before 1st April 1996, educational endowments are to any extent vested in an existing local authority, the Secretary of State may by order make schemes providing for such endowments, on that date, to be transferred to and vest to the same extent in such new authority or authorities as may be specified in or determined under the scheme.

(2)A scheme made under this section may provide for educational endowments, to the extent that they are vested by virtue of his office in the holder of an office connected with an existing local authority or in a person nominated by such an authority, to be transferred to and vest in a person holding an office in, or nominated by, such new authority or authorities as may be specified in or determined under the scheme.

(3)A scheme under this section may provide for powers with respect to an educational endowment which are vested in an existing local authority or, by virtue of his office, in the holder of an office connected with such an authority or in a person nominated by such an authority, to be transferred to and vest in such new authority or authorities or, as the case may be, in a person holding office connected with, or nominated by, such an authority, as may be specified in or determined under the scheme.

(4)A scheme under this section may provide for any rights to be paid money out of an educational endowment which are vested in an existing local authority to be transferred to and vest in such new authority or authorities as may be specified in or determined under the scheme.

(5)The Secretary of State may require any existing local authority to provide him, in such form as he may specify, with their proposals for the transfer, in accordance with the provisions of this section, of any such educational endowments, powers or rights as are mentioned in subsections (1), (2), (3) or (4) above.

(6)Subject to subsection (7) below, a scheme under this section may make such provision in relation to an educational endowment as the Secretary of State considers appropriate and, without prejudice to the generality of the foregoing, may include provision for—

(a)amending or revoking the governing instrument of an endowment;

(b)grouping, amalgamating, combining or dividing any endowments;

(c)the purposes to which, and the conditions under which, any such endowments may be applied;

(d)incorporating or establishing new governing bodies, or dissolving, combining or uniting any governing bodies;

(e)the powers of the governing body of any endowment.

(7)In exercising his powers under subsection (6) above, the Secretary of State shall make no more changes with respect to any endowment than appear to him to be necessary or expedient in consequence of the alteration of local government areas effected by this Part of this Act.

(8)Schemes under this section may make different provision in relation to different endowments or categories of endowment, different provision in respect of different items or categories of property, rights, liabilities and obligations, and different provision in respect of different authorities.

(9)Subject to the provisions of the governing instrument of an educational endowment (including such an instrument made or amended by a scheme under this section), where, as the result of the election of a new authority occurring after 1st April 1996, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.

(10)Section 19 of this Act applies in relation to educational endowments as it applies in relation to the property referred to in that section.

(11)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(12)Expressions used in this section and in Part VI of the M9Education (Scotland) Act 1980 have the same meaning in this section as in that Part.

(13)Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.

(14)In this section—

Marginal Citations

18 Residuary bodies.S

(1)The Secretary of State may by order establish one or more bodies, to be known as “residuary bodies”, for the purpose of—

(a)taking over and exercising such functions with respect to such property, rights and liabilities as may be transferred under section 15 of this Act; and

(b)exercising such other functions, including, without prejudice to the generality of the foregoing, any functions which may be conferred on a property commission under section 19 of this Act,

as he may so prescribe.

(2)An order under this section may apply to a residuary body, with such modifications as may be specified, any enactment which applies to a local authority in Scotland.

(3)The Secretary of State may give directions to a residuary body as to—

(a)the carrying out by them of any of their functions; and

(b)the exercise by them of any of the powers conferred on them by or under this section.

(4)The Secretary of State may require a residuary body to make payments of such amounts, and at such times, as he may specify to a local authority or a joint board.

(5)The Secretary of State may require any local authority in the area in which a residuary body operates to meet such proportion of their expenses as he may determine.

(6)Any expenses incurred by a residuary body shall, in so far as they are not otherwise met, be paid by the Secretary of State out of money provided by Parliament.

(7)The Secretary of State may direct a residuary body to prepare, within such time as he may specify in the direction, a scheme for their winding up and for the disposal of their property, rights and liabilities.

(8)Subject to subsection (9) below, where a residuary body have prepared a scheme such as is mentioned in subsection (7) above, the Secretary of State may by order give effect to that scheme, subject to any modifications he considers appropriate, and any such order may—

(a)include provision for the disposal, whether by transfer or otherwise, of the body’s property; and

(b)contain such supplementary and transitional provision as the Secretary of State thinks necessary or expedient.

(9)Where a residuary body is wound up in accordance with an order under subsection (8) above sections 8, 9, 10 and 13 of this Act shall apply, with any necessary modifications, to the staff of the residuary body as they apply to the staff of an existing local authority.

(10)Schedule 3 to this Act has effect in relation to residuary bodies.

(11)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

19 Property commission.S

(1)Subject to subsection (2) below and after such consultation, whether before or after the passing of this Act, as he considers appropriate, the Secretary of State may by order establish a property commission for the purpose of—

(a)advising authorities on matters relating to property to be transferred from existing local authorities to new authorities;

(b)advising the Secretary of State on the general principles on which such property should be transferred; and

(c)carrying out such other functions in relation to the transfer of property as may be specified in the order,

and for the purposes of this section “property” includes property held on trust to which section 16 of this Act applies.

(2)An order under this section may make provision as to the constitution and membership of the commission, the appointment and removal from office by the Secretary of State of the chairman and members of the commission, the employment of staff and the remuneration and superannuation of the members and staff of the commission.

(3)The Secretary of State may give directions—

(a)to the commission as to the carrying out by them of their functions;

(b)as to the area or areas in which the commission are to carry out their functions;

(c)as to the procedure to be followed by the commission;

(d)for the supplying of information to the commission by any authority; and

(e)to any authority—

(i)as to the implementation of advice given to them by the commission; and

(ii)as to the payment by them of any expenses incurred by the commission in doing anything requested of them by that authority.

(4)The Secretary of State may by order provide for the winding up of the commission and the disposal of their assets.

(5)Any expenses incurred by the property commission and not recovered by them from an authority shall be paid by the Secretary of State out of money provided by Parliament.

(6)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—

Chapter 4S General

20 Joint committees and joint boards.S

After section 62 of the 1973 Act (standing orders, etc.) there shall be inserted—

“62A Incorporation of joint committees.

(1)Where—

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

(b)the relevant authorities have—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1)Where the Secretary of State considers—

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

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

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

(ii)have ceased to be in operation,

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

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

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

62C Further provisions relating to joint boards.

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

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

(b)for the dissolution of the joint board.

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

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

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

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

(a)apply with or without modifications;

(b)extend, exclude or amend; or

(c)repeal or revoke with or without savings,

any enactment or any instrument made under any enactment.”.

21 Application of section 211 of the 1973 Act to joint boards.S

In section 211 of the 1973 Act (provisions for default of local authority), after subsection (4) insert—

“(5)The provisions of this section shall apply to a joint board as they apply to a local authority.”.

22 Community councils.S

(1)Subject to subsection (2) below, schemes for the establishment of community councils made and approved under section 52 of the 1973 Act, including any such schemes as amended by virtue of section 53 of that Act, which are effective immediately before 1st April 1996 shall continue to have effect in respect of the area, or part of an area, to which they apply on and after that date.

(2)Without prejudice to their duty under section 53 of the 1973 Act, on and after 1st April 1996, a local authority may revoke a scheme (or an amended scheme) such as is mentioned in subsection (1) above in so far as it relates to their area and make a new scheme in accordance with this section.

(3)Where a local authority propose to make a new scheme such as is mentioned in subsection (2) above—

(a)they shall give public notice of their intention to revoke the existing scheme and make a new scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils;

(b)after considering suggestions made under paragraph (a) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—

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

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

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

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

(v)such other information as, in the opinion of the local authority, will help the public to make a reasonable appraisal of the scheme;

(c)the notice mentioned in paragraph (b) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make representations to the local authority as respects the draft scheme;

(d)after considering any representations made under paragraph (c) above, the local authority may, after giving public notice of the amendments to the proposals and a further invitation to make representations, amend the draft scheme to take account of those representations and adopt it;

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

23 Duty to prepare decentralisation schemes.S

(1)Every council shall have a duty to prepare a draft decentralisation scheme for their area in accordance with this section.

(2)A draft decentralisation scheme shall contain a council’s proposals for the administration of their functions within the whole area of the council and shall specify the date or dates by which such a draft scheme shall be implemented and, without prejudice to the generality of the foregoing, may include provision as to—

(a)arrangements for the holding of meetings of the council (or any committee or sub-committee of the council) at particular places within the area of the council;

(b)the establishment of committees for particular areas and the delegation to those committees (under section 56 of the 1973 Act) of specified functions of the council;

(c)the location of offices of the council within the council’s area, the staffing of such offices and the delegation to members of staff (under the said section 56) of specified functions;

(d)the provision of facilities at particular places within the area of the council where advice may be obtained on services provided by the council.

(3)Every council shall, before 1st April 1997, give public notice of the fact that they have prepared a draft decentralisation scheme and of the places within their area where copies of the draft scheme may be inspected, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the council representations as regards the draft scheme.

(4)Every council shall, during the period mentioned in subsection (3) above, consult the community councils within their area about the draft scheme.

(5)After considering any representations made under subsection (3) or (4) above, the council may amend the draft scheme (whether to take account of those representations or otherwise) and shall adopt the scheme.

(6)After the scheme has been adopted, the council shall—

(a)send a copy of the scheme in its adopted form to the Secretary of State; and

(b)give public notice of such scheme.

(7)Where a scheme has been adopted, it shall be the duty of the council concerned to implement the scheme by the date or dates specified in the scheme.

(8)A council may amend a scheme adopted under this section or revoke and replace such a scheme but the amended scheme or, as the case may be, new scheme shall be adopted in accordance with the provisions of this section, subject to such modifications as are necessary.

(9)The Secretary of State may, after consulting such associations of local authorities and such other persons as appear to him to be appropriate, issue guidance with respect to the form and content of decentralisation schemes.

(10)A council shall take account of any guidance issued under subsection (9) above.

Chapter 5S Finance

Transitional provisionsS

24 Transitional provisions: finance.S

After section 94 of the 1992 Act insert—

“94A Transitional provisions.

(1)The Secretary of State may, after consulting such associations of local authorities as appear to him to be appropriate, specify in a report, as regards the financial year 1996-97 and any local authority, the amount which in his opinion should be used as the basis of comparison for the purposes of paragraph 1(1) of Schedule 7 to this Act.

(2)A report under this section—

(a)shall contain such explanation as the Secretary of State considers desirable of the calculation by him of the amount mentioned in subsection (1) above; and

(b)shall be laid before the House of Commons.

(3)A report under this section may relate to two or more authorities and may be amended by a subsequent report under this section.

(4)If a report under this section is approved by resolution of the House of Commons, paragraph 1(1) of Schedule 7 to this Act shall have effect, as regards the financial year 1996-97 and any authority to which the report relates, as if the amount mentioned in subsection (1) above were the basis of comparison there referred to.

(5)This section shall not apply in relation to Orkney Islands, Shetland Islands and Western Isles.”.

25 Financing of new authorities prior to 1st April 1996.S

(1)The Secretary of State may with the consent of the Treasury make grants of such amounts, and subject to such conditions, to local authorities as he considers appropriate.

(2)A local authority may with the consent of the Secretary of State (who shall in turn seek the consent of the Treasury) borrow by way of temporary loan or overdraft from a bank or otherwise any sums which they may temporarily require for the purpose of defraying expenses (including the payment of sums due by them to meet the expenses of other authorities) pending the receipt of revenues receivable by them after 1st April 1996.

(3)Grants made under this section shall be made out of money provided by Parliament.

(4)In this section “local authority” means any of the local authorities the members of which are to be elected, in accordance with section 5 of this Act, on 6th April 1995.

Valuation and ratingS

26 Valuation lists.S

(1)Subject to the provisions of this section, the local assessor for each new local authority area shall compile for the council for that area, from the existing valuation lists, a valuation list as at 1st April 1996.

(2)The provisions of section 84 of the 1992 Act (compilation and maintenance of valuation lists) shall apply, with any necessary modifications, to a valuation list compiled under subsection (1) above as they apply to a valuation list compiled under that section.

(3)As soon as reasonably practicable after compiling a valuation list under subsection (1) above, the local assessor shall send a copy of the list to the council for whose area the list was compiled; and the council shall, as soon as reasonably practicable, deposit it at their principal office.

(4)Subsection (1) above does not apply to the local assessors for the councils of the Borders, Dumfries and Galloway, Fife, Highland, Orkney Islands, Shetland Islands or Western Isles.

(5)In this section—

(6)A local assessor shall compile a list under this section by extrapolating from the existing valuation lists and, accordingly, except to the extent that valuation may be required to be carried out under any provision of the 1992 Act, shall not carry out any valuation of property for the purposes of a list compiled under this section.

27 Valuation areas and authorities and appointment of assessors etc.S

(1)Each local authority area shall be a valuation area, and the council of each area shall be the valuation authority for that area; and on and after 1st April 1996 the valuation authorities constituted under this section shall have and exercise in relation to valuation the powers exercisable by valuation authorities immediately prior to that date.

(2)Every valuation authority shall, in accordance with the provisions of this section, appoint an assessor and such number of depute assessors as the authority may consider necessary for the purposes of the Valuation Acts; and any assessor or depute assessor appointed under the 1973 Act by a regional or islands council and holding office immediately before 1st April 1996 shall cease to hold office on that date.

(3)The Secretary of State shall by order prescribe the qualifications required to be possessed by any person appointed to the office of assessor or depute assessor and, except as otherwise provided in such an order, a person shall not be appointed as assessor or depute assessor unless he possesses the qualifications so prescribed.

(4)A depute assessor appointed under this section shall have and may exercise all the functions of an assessor so appointed.

(5)An assessor or depute assessor appointed under this section shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(6)An assessor or depute assessor appointed under this section shall hold office during the pleasure of the valuation authority but shall not be removed from office (or required to resign as an alternative thereto) except—

(a)by a resolution of the authority passed by not less than two-thirds of the members present at a meeting of the authority the notice of which specifies as an item of business the consideration of the removal from office of the assessor or his being required to resign; and

(b)with the consent of the Secretary of State,

and before deciding whether or not to give such consent the Secretary of State shall give the authority and the assessor an opportunity of being heard by a person appointed by the Secretary of State.

[F22(6A)The Scottish Ministers may, if lands and heritages specified in an order made under section 6A(1)(aa) of the Valuation and Rating (Scotland) Act 1956 (c. 60) (power of Scottish Ministers to combine lands and heritages) are situated in more than one valuation area, provide, by order, that an assessor appointed by a valuation authority is to—

(a)value those lands and heritages; and

(b)if the order under that section of that Act so requires, apportion their rateable value in the manner set out in the order.

(6B)An order under subsection (6A) above may include such incidental, consequential and supplemental provision as the Scottish Ministers consider necessary or expedient for bringing the order into operation and for giving full effect thereto.

(6C)Without prejudice to the generality of subsections (6A) and (6B) above, an order under subsection (6A) above may provide—

(a)that the assessor to whom the order relates is, for the purposes of giving effect to the order, to have such powers in relation to each valuation area in which there is situated lands and heritages to be valued in pursuance of the order as he has in relation to the area of the valuation authority which appointed him; and

(b)that [F23the First-tier Tribunal for Scotland] may hear and determine appeals and complaints under the Valuation Acts in relation to the assessment of the lands and heritages to be valued in pursuance of the order.

(6D)Before making an order under subsection (6A) above, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think appropriate.]

(7)If it appears to the Secretary of State that any functions, or any functions in any area, of two or more valuation authorities should be discharged jointly by those authorities, he may by order establish a joint board in accordance with this section.

(8)An order under [F24subsection (7) above] shall delegate to the joint board such of the functions of the valuation authorities concerned under the Valuation Acts as may be specified in the order and may include such incidental, consequential and supplemental provision as the Secretary of State considers necessary or expedient for bringing the order into operation and for giving full effect thereto.

(9)Without prejudice to the generality of subsection (8) above, an order under [F25subsection (7) above] may include provision with respect to—

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

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

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

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

(e)the supply of services or facilities by the authorities concerned to the joint board; and

(f)the dissolution of the joint board,

and may, without prejudice to the generality of paragraphs (a) to (f) above, apply (with or without modifications) any of the provisions of Part V of the 1973 Act to a joint board established under [F26subsection (7) above] as those provisions apply to a joint committee.

(10)A joint board established under [F27subsection (7) above] shall be a body corporate and shall have a common seal.

(11)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(12)Any reference in any enactment to a valuation authority shall, where any function to which that enactment relates is for the time being exercised by a joint board established under this section, include any such joint board.

Textual Amendments

F24Words in s. 27(8) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 32(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F25Words in s. 27(9) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 32(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F26Words in s. 27(9) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 32(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F27Words in s. 27(10) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 32(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

28 Valuation rolls.S

(1)Subject to the provisions of this section, the assessor for each valuation area shall make up for the valuation authority for that area, from the existing valuation rolls, a valuation roll as at 1st April 1996.

(2)Subsection (1) above does not apply to the assessors for the councils of the Borders, Dumfries and Galloway, Fife, Highland, Orkney Islands, Shetland Islands or Western Isles.

(3)In this section “existing valuation rolls” means the rolls made up under subsection (1) of section 1 of the 1975 Act (valuation roll and revaluation) and in force by virtue of subsection (2) of that section on the day on which this section comes into force in relation to the area of any existing valuation authority whose area includes any part of the area of the new valuation authority.

(4)Valuation rolls made up under this section shall be made up in the form prescribed for the purposes of section 1 of the 1975 Act; and subsections (4) and (5) of that section shall apply to such rolls as they apply to valuation rolls made up under subsection (1) of that section.

(5)An assessor shall make up a valuation roll under this section by extrapolating from the existing valuation rolls, and accordingly, except to the extent that alteration of the valuation roll may be required to be carried out under section 2 of the 1975 Act (alteration to valuation roll in force), shall not make any alteration of the entries in the roll for the purposes of a roll made up under this section.

29 Valuation appeal panels and committees.S

(1)[F28between 1st April 1996 and 31st March 2023]—

(a)valuation appeal panels and valuation appeal committees shall be constituted for each valuation area, in accordance with the provisions of this section and with regulations made by the Secretary of State, for the purpose of hearing and determining appeals and complaints—

(i)under the Valuation Acts; and

(ii)under sections 81(1) and 87(6) of the 1992 Act (council tax appeals); and

(b)every local valuation panel and valuation appeal committee constituted under section 4 of the 1975 Act shall cease to exist, and that section shall cease to have effect.

[F29(1A)With effect from 1st April 2023 the First-tier Tribunal for Scotland must hear and determine the appeals and complaints specified in subsection (1)(a)(i) and (ii).]

(2)A valuation appeal committee shall consist of members of a valuation appeal panel, and members of such a panel shall be appointed by the sheriff principal after such consultation as he thinks fit.

(3)Regulations under this section may make provision—

(a)for one valuation appeal panel to be appointed to serve two or more valuation areas;

(b)as to—

(i)the qualifications of members of a valuation appeal panel, and of any secretary or assistant secretary to be appointed to such a panel;

(ii)the maximum and minimum number of members of any such panel; and

(iii)the termination of the appointment of such members;

(c)with respect to the appointment of—

(i)one of those members as chairman of the panel;

(ii)such number of deputy chairmen as the sheriff principal considers appropriate; and

(iii)a secretary and, if the sheriff principal considers it necessary, an assistant secretary or assistant secretaries of the panel;

(d)as to—

(i)the number of valuation appeal committees to be formed from a valuation appeal panel;

(ii)the maximum and minimum number of members of such a committee; and

(iii)the manner in which members of a valuation appeal committee are to be selected from a valuation appeal panel;

(e)as to the terms and conditions of employment (including remuneration and allowances) of any secretary or assistant secretary of a valuation appeal panel;

(f)as to the payment to members of a valuation appeal panel and a valuation appeal committee of such allowances as the Secretary of State may determine;

(g)as to the defraying of any expenses incurred by a valuation appeal panel or committee; and

(h)for any other matter which appears to the Secretary of State to be necessary, expedient or appropriate for the purpose of the administration of valuation appeal panels and committees,

and regulations under this section may make different provision in respect of different valuation appeal areas or different valuation panels.

(4)All members of a valuation appeal panel shall reside or be engaged in business or be employed in the valuation area or areas for which the panel is responsible; and no person appointed as the secretary or an assistant secretary of a panel shall be an officer of a local authority or shall by himself or by any partner or assistant appear before a valuation appeal committee for that area.

(5)A valuation authority may pay reasonable subscriptions, whether annually or otherwise, to the funds of any association of members or officers of valuation appeal panels or valuation appeal committees formed for the purpose of consultation as to the common interests of those panels or committees and the discussion of matters relating to valuation.

[F30(6)The provisions of the Valuation Acts with regard to appeals and complaints apply, with any necessary modifications—

(i)between 1st April 1996 and 31st March 2023 to a committee constituted under this section in the same manner as they applied before 1st April 1996 to a committee constituted under the 1975 Act, and

(ii)from 1st April 2023 to the First-tier Tribunal for Scotland in the same manner as they applied before that date to a committee constituted under this section.]

(7)Where the area served by a valuation appeal panel is situated in more than one sheriffdom, its members shall be appointed by the sheriff principal for such one of those sheriffdoms as the Secretary of State may direct.

(8)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

30 Rating authorities.S

The rating authority for any local government area shall be the local authority for that area and, in this Act and in any other enactment (whether passed or made before or after the passing of this Act), the expression “rating authority” shall be construed in accordance with this section.

Modifications etc. (not altering text)

C6S. 30 applied (1.4.1996) by 1973 c. 65, s. 235(1) (as substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(d); S.I. 1996/323, art. 4(1)(b)(c))

S. 30 applied (1.4.1996) by 1992 c. 5, s. 191 (as substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 175(5)(c); S.I. 1996/323, art. 4(1)(b)(c))

Chapter 6S Functions

EducationS

31 Education.S

For section 124 of the 1973 Act (education committees) there shall be substituted—

“124 Membership of committees appointed by education authorities.

(1)Where an education authority appoint a committee whose purposes include—

(a)advising the authority on any matter relating to the discharge of their functions as education authority; or

(b)discharging any of those functions of the authority on their behalf,

the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section.

(2)Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that—

(a)at least half of the persons appointed by them to be members of such committee are members of the authority; and

(b)the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below.

(3)Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above.

(4)The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are—

(a)one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church;

(b)in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and

(c)one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there.

(5)Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “one-half””.

32 Co-operation between education authorities.S

(1)Section 23 of the M10Education (Scotland) Act 1980 (provision by education authority for education of pupils belonging to areas of other authorities) shall be amended in accordance with this section.

(2)After subsection (1) there shall be inserted—

“(1A)Without prejudice to any other provision of this Act, for the purposes of their duty under section 1 of this Act an education authority shall have power to make arrangements with another education authority (in this subsection referred to as a “provider authority”) for the provision of school education or further education for any pupils belonging to the area of the authority in a school or educational establishment under the management of the provider authority.

(1B)Arrangements made under this Act by an education authority for the placing of children in schools may include provision to give effect to any arrangements made under subsection (1A) above.

(1C)Where the arrangements for the placing of children in schools subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 lead, as a consequence of such establishment, to school education for pupils belonging to the area of one education authority being provided at schools or educational establishments under the management of another education authority, nothing in this Act shall prevent such arrangements from continuing until they are changed by an education authority in accordance with this Act.”.

(3)After subsection (3) there shall be inserted—

“(3A)Where an education authority’s arrangements for the placing of children in schools under their management give any priority to siblings of pupils attending such schools, those arrangements shall not discriminate between siblings belonging to the area of that education authority and siblings belonging to the area of another education authority.”.

Marginal Citations

PlanningS

F3133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F31S. 33 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

PoliceS

34 Reorganisation of police areas.S

After section 21 of the M11Police (Scotland) Act 1967 there shall be inserted the following section—

“21B Reorganisation of police areas.

(1)Subject to the provisions of this section, the police forces established and maintained for existing police areas in Scotland under this Act immediately prior to 1st April 1996 shall continue in existence on and after that date in accordance with the provisions of this section.

(2)The police forces for the existing police areas of Fife and Dumfries and Galloway shall be the police forces for the new police areas of the same names.

(3)The Secretary of State shall, before 1st April 1996, by order make amalgamation schemes amalgamating the police areas mentioned in the second column of the table below into the combined police areas mentioned in the first column of that table, and the police forces for the existing police areas shown in brackets in the first column shall be the police forces for the new combined police areas.

Table
Combined areaPolice areas comprised
Northern (Northern).Highland, Western Isles, Orkney Islands, Shetland Islands.
Grampian (Grampian).Aberdeenshire, Moray, City of Aberdeen.
Tayside (Tayside).Perthshire and Kinross, Angus, City of Dundee.
Central Scotland (Central Scotland).Stirling, Clackmannan, Falkirk.
Lothian and Borders (Lothian and Borders).City of Edinburgh, East Lothian, Midlothian, West Lothian, the Borders.
Strathclyde (Strathclyde).Argyll and Bute, Dumbarton and Clydebank, City of Glasgow, East Dunbartonshire, Inverclyde, North Lanarkshire, South Lanarkshire, Renfrewshire, East Renfrewshire, East Ayrshire, North Ayrshire, South Ayrshire.

(4)Subject to section 19A of this Act, an amalgamation 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 amalgamation scheme made by virtue of section 19 of this Act.

(5)Before making an amalgamation scheme under this section the Secretary of State shall—

(a)consult such police 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.

(6)The schemes made by an order under this section shall not take effect before 1st April 1996, except in relation to—

(a)the constitution of joint police boards; and

(b)the carrying out by those boards of any functions necessary to bring the schemes into operation on that date.

(7)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

Marginal Citations

35 Amalgamation schemes.S

For section 20 of the M12Police (Scotland) Act 1967 there shall be substituted the following section—

“20 Power of Secretary of State to make amalgamation schemes.

(1)If it appears to the Secretary of State that it is expedient in the interests of efficiency to make an amalgamation scheme for any police areas, he may, in accordance with the provisions of this section, make such amalgamation schemes, containing such provisions, as he considers appropriate.

(2)Without prejudice to the generality of subsection (1) above, but subject to section 19A of this Act, an amalgamation scheme under this section may provide—

(a)for the amalgamation of any two or more police areas into a combined area;

(b)for the alteration of an existing combined area by the addition to or deletion from it of any police area;

(c)for the establishment or re-establishment and maintenance of police forces for any police area or combined area resulting from the scheme;

(d)for the dissolution and winding up of any joint police board constituted under a pre-existing amalgamation scheme, or for the reconstitution of any such board;

(e)for the transfer or retransfer to such police forces as may be determined by the scheme of constables affected by the scheme;

(f)for the transfer or retransfer to such authorities as may be determined by the scheme of any officers, property, rights or liabilities affected by the scheme;

(g)for the doing of anything which is required to be done, or which may be done, in an amalgamation scheme made under section 19 of this Act; and

(h)for any other matters incidental to or consequential on the provisions of the scheme.

(3)Before making a scheme under this section which contains provision such as is mentioned in subsection (2)(a) or (b) above the Secretary of State shall—

(a)consult such police 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.

(4)A scheme under this section shall be contained in an order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

Marginal Citations

Fire servicesS

36 Fire services.S

F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

RiversS

F3337. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

RoadsS

38 Roads.S

(1)The M13Roads (Scotland) Act 1984 shall be amended in accordance with this section.

(2)After section 12 there shall be inserted the following sections—

“ Transitory provisionsS
12A Transitional power of Secretary of State as respects existing roads.

(1)Without prejudice to section 5 of this Act, where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996—

(a)that any existing road should become a trunk road; or

(b)that any trunk road should cease to be a trunk road,

he may by order direct that the road shall become a trunk road or, as the case may be, shall cease to be a trunk road, as from such date as may be specified in that regard in the order.

(2)Where an order under this section directs that a road shall cease to be a trunk road, it may also direct that—

(a)as from the date specified in that regard in the order, the local roads authority for the area shall become the roads authority for the road; and

(b)the authority shall enter the road in their list of public roads.

(3)An order under this section may relate to one or more roads.

12B Transitional power of Secretary of State as respects proposed roads.

(1)Without prejudice to section 5 of this Act, where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996—

(a)that any proposed road—

(i)to be constructed by the local roads authority; and

(ii)in respect of which all necessary planning permission has been granted or is deemed to have been granted,

should become a trunk road; or

(b)that any proposed road—

(i)to be constructed by the Secretary of State as a trunk road; and

(ii)in relation to which an order has been made under section 5 of this Act,

should not become a trunk road,

he may by order direct that the proposed road shall or, as the case may be, shall not become a trunk road.

(2)Where an order is made in respect of a proposed road as mentioned in subsection (1)(a) above—

(a)subject to subsection (6) below, the Secretary of State may, for the purposes of the construction of that road, do any thing which he would have been entitled to do if an order under section 12 of this Act (in this section referred to as a “section 12 order”) had been made in relation to that road; and

(b)where an environmental statement has been published in respect of the project, the Secretary of State shall not be required to publish a further environmental statement,

but otherwise the Secretary of State shall in all respects be in the same position in relation to that proposed road as the local roads authority would have been if such order had not been made.

(3)Where an order is made in respect of a proposed road as mentioned in subsection (1)(b) above—

(a)the local roads authority may proceed with construction of the said road as if all necessary planning permission had been granted;

(b)the section 12 order made in relation to that road shall apply as if—

(i)the local roads authority were the roads authority referred to in such order; and

(ii)all necessary planning permission has been granted; and

(c)where an environmental statement has been published in respect of the project, the local roads authority shall not be required to publish a further environmental statement.

(4)Where an order under this section directs that a proposed road shall not become a trunk road, it may also direct that—

(a)as from the date specified in that regard in the order, the local roads authority for the area shall become the roads authority for the proposed road; and

(b)on such date as may be specified in that regard in the order, the authority shall enter the road in their list of public roads.

(5)An order under this section may relate to one or more proposed roads.

(6)The Secretary of State shall not by virtue of this section be empowered—

(a)to stop up a road as mentioned in section 12(1)(a)(i) of this Act; or

(b)to do anything mentioned in paragraphs (a) and (b) of section 70 of this Act except where the local roads authority have been so authorised under a section 12 order; and where such an order has been made, the Secretary of State may do anything he would have been authorised to do if the order had been made by him.

(7)In this section and in section 12C of this Act “planning permission” means permission under Part III of the M14Town and Country Planning (Scotland) Act 1972.

12C Transitional power of Secretary of State as respects special road schemes.

(1)Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that—

(a)a special road which the Secretary of State is authorised to provide by virtue of a scheme under section 7 of this Act (a “section 7 scheme”) should be provided by a local roads authority; or

(b)a special road which a local roads authority is authorised to provide by virtue of a section 7 scheme which has been confirmed by the Secretary of State should be provided by the Secretary of State,

he may by order direct that the local roads authority or, as the case may be, the Secretary of State shall be authorised to provide such special road; and the section 7 schemes relating to those special roads shall (notwithstanding their terms) be deemed to authorise the provision of such special roads by the local roads authority and the Secretary of State respectively.

(2)Where an order is made in respect of a special road as mentioned in subsection (1)(a) above—

(a)where the Secretary of State has made an order under section 9 of this Act (a “section 9 order”) in relation to that special road, the local roads authority may treat that order as if it were an order made by them and confirmed by the Secretary of State;

(b)any necessary planning permission (whether relating to the special road or the doing of anything authorised by virtue of the section 9 order) shall be deemed to have been granted to the local roads authority; and

(c)where an environmental statement has been published in respect of the project, the local roads authority shall not be required to publish a further environmental statement.

(3)Where an order is made in respect of a special road as mentioned in subsection (1)(b) above—

(a)if the local roads authority have made a section 9 order which has been confirmed by the Secretary of State, the Secretary of State may treat that section 9 order as if it were an order made by him; and

(b)where an environmental statement has been published in respect of the project, the Secretary of State shall not be required to publish a further environmental statement,

but otherwise the Secretary of State shall in all respects be in the same position in relation to that special road as the local roads authority would have been if such order had not been made.

12D Application of section 112 to orders under sections 12A, 12B, 12C and 12E.

The provisions of section 112 of this Act shall apply, subject to such modifications as the Secretary of State may by order specify, to roads, proposed roads and special roads such as may be mentioned in orders made under sections 12A, 12B, 12C and 12E of this Act as they apply to roads mentioned in the said section 112.

12E Further power of Secretary of State as respects proposed roads and special road schemes.

(1)Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that any proposed road to be constructed by a local roads authority should become a trunk road, but the condition mentioned in subsection (1)(a)(ii) of section 12B of this Act is not satisfied in relation to such proposed road, he may, notwithstanding the provisions of that subsection, by order direct that the proposed road shall become a trunk road.

(2)The provisions of paragraphs (a) and (b) of section 12B(2) of this Act shall apply where an order is made under subsection (1) above as they apply where an order is made under subsection (1)(a) of that section.

(3)Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that a special road in respect of which a section 7 scheme has been made by a local roads authority but not confirmed by the Secretary of State should be provided by him, he may, notwithstanding the provisions of subsection (1)(b) of section 12C of this Act, by order, direct that he shall be authorised to provide such special road by virtue of such scheme.

(4)The provisions of paragraphs (a) and (b) of section 12C(3) of this Act shall apply where an order is made under subsection (3) above as they apply where an order is made under subsection (1)(b) of that section.

(5)An order under subsection (1) or (3) above may include provision specifying the extent to which compliance before the making of that order with any statutory requirement in relation to the proposed road or, as the case may be, special road shall be deemed to satisfy for all purposes any statutory requirement which the Secretary of State would, apart from such provision, have been required to comply with in relation to that proposed road or special road.

(6)As from the date of an order under subsection (1) or (3) above, the proposed road or, as the case may be, special road shall be deemed always to have been a proposed road to be constructed by the Secretary of State or a special road which the Secretary of State is authorised to provide.

12F Further provisions as to orders.

An order under section 12A, 12B, 12C, 12D or 12E of this Act may not be made so as to take effect more than 3 years after 1st April 1996.”.

(3)In section 112 (transfer of property and liabilities on road becoming or ceasing to be a trunk road)—

(a)in subsection (1), after paragraph (c) there shall be inserted the following paragraph—

“(d)any property such as is mentioned in subsection (1A) below”;

(b)after subsection (1) there shall be inserted the following subsections—

“(1A)The property mentioned in paragraph (d) of subsection (1) above is property which—

(a)was, immediately before the operative date, vested in the former roads authority for the purposes of their functions in relation to more than one road (including the road mentioned in that subsection); and

(b)is specified in an order made by the Secretary of State.

(1B)Where any property is transferred to and vests in the Secretary of State as mentioned in subsection (1)(d) above, he shall make arrangements with the former roads authority as respects the use of that property; and any dispute between the Secretary of State and the former roads authority as to any arrangements made under this subsection shall be determined in like manner as any dispute such as is mentioned in subsection (7) below.”; and

(c)in subsection (2), for the words “subsection (1)” there shall be substituted the words “ subsections (1) and (1A) ”.

(4)In section 143(2)(a)(ii) (orders subject to negative resolution), after “section 8” there shall be inserted “ , 12A, 12B, 12C, 12D, 12E ”.

Marginal Citations

39 Roads authority for boundary bridges.S

After section 81 of the M15Roads (Scotland) Act 1984 there shall be inserted—

“81A Roads authority for boundary bridges.

(1)This section applies where a public road is carried by a bridge over a waterway and the bridge lies partly in the areas of two local roads authorities.

(2)Where this section applies, the authorities concerned may make arrangements as to—

(a)which of them shall be the roads authority in relation to that bridge;

(b)the performance by such roads authority in relation to the bridge of any of the roads functions of the other authority; and

(c)the making of contributions by that other authority to the roads authority in respect of expenditure incurred in the performance of those functions.

(3)Where arrangements are not made as mentioned in subsection (2) above, the Secretary of State may, on the application of one of the roads authorities concerned, make a determination in respect of the matters mentioned in paragraphs (a) to (c) of that subsection.

(4)A determination of the Secretary of State under subsection (3) above shall be binding.”.

Marginal Citations

Public transportS

40 Establishment etc. of Strathclyde Passenger Transport Authority.S

(1)With effect from 1st April 1996 there shall be a Passenger Transport Authority to be known as the Strathclyde Passenger Transport Authority (in this section referred to as “the Authority”) for the Strathclyde Passenger Transport Area for the purposes of Part II of the M16Transport Act 1968.

(2)On 1st April 1996 all of the functions, staff, property, rights, liabilities and obligations of Strathclyde Regional Council as Passenger Transport Authority shall be transferred to and vest in the Authority.

(3)Section 9 of this Act shall apply to any person transferred to the Authority under this section as if any reference in that section to a new authority included a reference to the Authority.

(4)The Secretary of State may by order—

(a)designate the passenger transport area of the Authority; and

(b)make provision for the constitution and membership of the Authority in accordance with the provisions of Schedule 5 to this Act.

(5)Without prejudice to the provisions of the said Schedule 5, an order under subsection (4) above shall include—

(a)such provision with respect to any of the matters referred to in that Schedule; and

(b)such supplementary, incidental and consequential provision,

as the Secretary of State considers necessary or expedient.

(6)Before making an order under subsection (4) above the Secretary of State shall consult such persons or bodies as he thinks fit.

(7)The following provisions of the 1973 Act shall apply, subject to any necessary modifications, with respect to the Authority as they apply with respect to a local authority or, in the case of section 106(2), a body, that is to say—

(a)section 95 (financial administration);

(b)section 96 (accounts and audit);

(c)section 97 (Commission for Local Authority Accounts in Scotland);

(d)section 97A (studies for improving economy etc. in services);

(e)section 97B (furnishing of information and documents to Commission);

(f)section 98 (expenses and accounts of Commission);

(g)section 99 (general duties of auditors);

(h)section 100 (auditor’s right of access to documents);

(i)section 101 (right of interested person to inspect and object to accounts: completion of audit);

(j)section 102 (reports to Commission by Controller of Audit);

(k)section 103 (action by Commission on reports by Controller of Audit);

(l)section 104 (action by Secretary of State on recommendation by Commission under section 103(3));

(m)section 105 (regulations as to accounts); and

(n)section 106(2) (accounts of officer to be audited in certain circumstances).

(8)The Secretary of State may by order vary the passenger transport area of the Authority.

(9)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10)Schedule 5 to this Act (which makes provision for the constitution, proceedings etc. of the Authority) shall have effect.

Marginal Citations

41 Amendment of section 13 of Transport Act 1968.S

For section 13 of the Transport Act 1968 (grants to the Executive) there shall be substituted—

“13 Grants and payments.

(1)Any expenditure of the Strathclyde Passenger Transport Authority shall, in so far as not otherwise met, be met by the local authorities whose areas lie wholly or partly within the area of the Authority in such proportions as the M17authorities may agree.

(2)Where—

(a)the authorities mentioned in subsection (1) above cannot reach agreement as to the proportions in which the expenditure of the Authority shall be met by them and the Authority make an application to the Secretary of State for resolution of the matter; or

(b)it appears to the Secretary of State that those authorities are unable to reach such agreement,

the Secretary of State shall determine the proportions in which such expenditure shall be met by those authorities.

(3)The Authority shall have power to make grants to the Executive for any purpose.”.

Marginal Citations

TrafficS

42 Power to secure management of traffic control system.S

(1)Where the Secretary of State considers that—

(a)for the purposes of securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians), a system of traffic control should extend across the roads of two or more traffic authorities; and

(b)the authorities for those roads have not made satisfactory joint arrangements for the exercise of such of their functions under the M18Road Traffic Regulation Act 1984 as are necessary to secure the provision and management of such a system of traffic control,

he may make an order under this section.

(2)An order under this section may transfer to the Secretary of State such functions of those authorities under that Act as he considers necessary to enable him to secure the provision and management of such a system.

(3)The Secretary of State may enter into arrangements with such an authority for the carrying out by that authority on his behalf of the functions mentioned in subsection (2) above.

(4)Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this section may be recovered by him from the traffic authorities from which the functions were transferred in such proportions—

(a)as may be agreed between the authorities; or

(b)where there is no agreement, as may be determined by him.

(5)In this section—

Marginal Citations

43 Guidance as to exercise of traffic powers.S

(1)For the purpose of ensuring that the exercise by an authority of any of the powers mentioned in subsections (2) and (3) below does not have an adverse effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—

(a)on the roads of any other authority; or

(b)on the national system of routes for through traffic in Scotland,

the Secretary of State may issue guidance to an authority as to the exercise of those powers.

(2)The powers referred to in subsection (1) above are the powers of an authority to make, vary or revoke orders under or by virtue of any of the following sections of the Road Traffic Regulation Act 1984, that is to say—

(a)section 1 (traffic regulation orders);

(b)section 9 (experimental traffic orders);

(c)section 19 (orders concerning public service vehicles);

(d)section 32 (provision of parking places by authorities);

(e)section 35 (orders as to use of parking places);

(f)section 37 (orders relating to general scheme of traffic control);

(g)section 38 (orders as to use of parking places as bus or coach stations);

(h)section 45 (orders designating paying parking places);

(i)section 46 (further orders regulating paying parking places);

(j)section 49 (designation orders and designated parking places);

(k)section 53 (designation orders);

(l)section 82(2) (directions concerning restricted roads); and

(m)section 84 (speed limits on certain roads).

(3)The powers referred to in subsection (1) above are the powers of an authority under sections 36 (construction of road humps) and 39A (construction of traffic calming works) of the M20Roads (Scotland) Act 1984.

(4)Before issuing guidance under this section the Secretary of State shall consult

[F34(a)] the Common Services Agency for the Scottish Health Service in respect of the provision by them of an ambulance service by virtue of the National Health Service (Functions of the M21Common Services Agency) (Scotland) Order 1974

[F35(b) the chief constable of the Police Service of Scotland,]

[F35(c) the Scottish Fire and Rescue Service, and]

[F35(d) the authorities for the areas to which the guidance relates.]

for the areas to which the guidance relates.

(5)Without prejudice to his power to make regulations under paragraph 21 of Schedule 9 to the M22Road Traffic Regulation Act 1984 or, as the case may be, section 39B(1) of the Roads (Scotland) Act 1984, the Secretary of State may by regulations make provision as to the procedures to be followed by authorities in relation to the guidance.

(6)An authority shall, before exercising any power mentioned in subsections (2) and (3) above, and subject to any regulations made under subsection (5) above—

(a)have regard to any guidance issued to them under this section;

(b)consider whether the proposed exercise of such power would be likely to have an effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—

(i)on a road in the area of any other authority; or

(ii)on a road in the national system of routes for through traffic in Scotland; and

(c)if the proposed exercise would, in their opinion, have such an effect, consult—

(i)in the case of a road such as is mentioned in paragraph (b)(i) of this subsection, the other authority; or

(ii)in the case of a road such as is mentioned in paragraph (b)(ii) of this subsection, the Secretary of State.

(7)Where an authority take any action which, in the opinion of the Secretary of State—

(a)is contrary to any guidance issued to the authority under this section; and

(b)has or is likely to have an adverse effect on either of the matters referred to in paragraphs (a) and (b) of subsection (1) above,

the Secretary of State may, after consulting the authority, direct the authority to take such steps within a period specified by him as may be necessary to conform with that guidance.

(8)If, in the opinion of the Secretary of State, an authority have failed to comply with a direction under subsection (7) above, he may exercise any of their powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from that authority.

(9)The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this section—

Textual Amendments

F34Words in s. 43(4) become s. 43(4)(a) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 75(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F35Words in s. 43(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 75(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Marginal Citations

44 Restriction on order-making powers of existing authorities.S

(1)Where a regional council propose to make an order such as is mentioned in subsection (2) below and the order—

(a)will come into effect after such date as the Secretary of State may by order made by statutory instrument prescribe; and

(b)will continue in effect after 31st March 1996,

they shall, before making the order, seek the consent of the successor authority.

(2)The orders referred to in subsection (1) above are any orders made under the following provisions of the M25Road Traffic Regulation Act 1984—

(a)section 1 (traffic regulation orders);

(b)section 9 (experimental traffic orders);

(c)section 14 (temporary traffic orders);

(d)section 32 (provision of parking places by authorities);

(e)section 35 (orders relating to use of parking places);

(f)section 37 (orders as to general scheme of traffic control);

(g)section 45 (orders designating paying parking places);

(h)section 46 (further orders regulating paying parking places); and

(i)section 84 (speed limits on certain roads).

(3)Where a successor authority refuse their consent to a proposed order to which this section applies the regional council shall not make the order without having obtained the consent of the Secretary of State.

(4)Where—

(a)a regional council have sought the consent of a successor authority to the making of a proposed order to which this section applies; and

(b)the successor authority have failed, within 6 weeks of such consent being sought, to consent,

the successor authority shall be deemed to have given such consent.

(5)In this section “successor authority” means any council constituted under section 2 of this Act (other than the councils for Orkney Islands, Shetland Islands and Western Isles) in whose area the proposed order will have effect.

Marginal Citations

Social workS

45 Chief social work officer.S

—For section 3 of the M26Social Work (Scotland) Act 1968 (director of social work), there shall be substituted the following section—

“3 Chief social work officer.

(1)For the purposes of their functions under this Act and the enactments mentioned in section 5(1B) of this Act, a local authority shall appoint an officer to be known as the chief social work officer.

(2)The qualifications of the chief social work officer shall be such as may be prescribed by the Secretary of State.”.

Marginal Citations

Chapter 7S Miscellaneous

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

47 Proceedings in district courts: transitional provisions.S

Where proceedings were instituted before 1st April 1996 in any district court and those proceedings have not been completed by that date, then, for the purpose of enabling those proceedings to be continued on and after that date, and for preserving in other respects the continuity of the administration of justice—

(a)the district court having jurisdiction on and after that date in the area where the proceedings were instituted shall be treated as succeeding to, and being the same court as, the district court in which the proceedings were instituted, and any verdict, sentence, order, complaint, notice, citation, warrant, or other proceedings or document shall have effect accordingly; and

(b)the clerk of the district court in which the proceedings were instituted shall transfer all records, productions and documents relating to those proceedings to the clerk of the district court treated as succeeding to that court.

48 Amendment of District Courts (Scotland) Act 1975.S

In section 2 of the M27District Courts (Scotland) Act 1975 (district of, and exercise of jurisdiction by, district court), after subsection (1) there shall be inserted the following subsection—

“(1A)In determining where and when a district court should sit, a local authority shall have regard to the desirability of minimising the expense and inconvenience occasioned to those directly involved, whether as parties or witnesses, in the proceedings before the court.”.

Marginal Citations

49 Justices of the peace.S

(1)Any person holding office as justice of the peace for any commission area by virtue of the provisions of section 9(2) or 10(3) of the M28District Courts (Scotland) Act 1975 immediately before 1st April 1996 shall, on and after that date, hold office as justice of the peace for the commission area in which he resides on that date.

(2)Any person holding office as justice of the peace for any commission area on and after 1st April 1996 by virtue of the provisions of subsection (1) above shall hold that office as if appointed in accordance with the said section 9(2).

(3)Where the Secretary of State is satisfied in all the circumstances that it is expedient that any such person as is mentioned in subsection (1) above should hold that office for another commission area, he may so direct; and any such direction shall have effect, and shall be treated for the purposes of the said Act of 1975, as an instrument appointing that person in accordance with the said section 9(2) to hold office for such commission area as is mentioned in the direction.

Marginal Citations

F3750 Stipendiary magistrates.S

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

Textual Amendments

51 Registration of births, deaths and marriages.S

(1)The M29Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with the provisions of this section.

(2)F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 8 (registration offices)—

(a)in subsection (1), after the words “registration office” there shall be inserted the words “ which may comprise principal premises and such subordinate premises as they may, with the approval of the Registrar General, consider appropriate ”; and

(b)at the end there shall be inserted the following subsection—

“(6)References in this Act to the registration office shall, unless the context otherwise requires, be construed as including all the premises provided and maintained by a local registration authority as parts of the registration office.”.

(4)In section 15 (information concerning finding of infant children)—

(a)in subsections (1) and (3), for the words “director of social work” there shall be substituted “ chief social work officer ”; and

(b)subsection (4) shall cease to have effect.

(5)In section 56(1) (interpretation), after the definition of “function” there shall be inserted the following definition—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”.

Textual Amendments

Commencement Information

I1S. 51 wholly in force at 1.4.1996; s. 51 not in force at Royal Assent see s. 184(2); s. 51(3) in force at 4.1.1995 by S.I. 1994/2850, art. 3(a), Sch. 2; s. 51(1)(2)(4)(5) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(a), Sch. 1

Marginal Citations

52 Tweed Fisheries Commissioners.S

(1)On 1st April 1996 each person holding office as representative commissioner appointed by any of the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale or Tweeddale under the M30Tweed Fisheries Act 1969 shall go out of office.

(2)The function of appointing representatives formerly appointed by the councils mentioned in subsection (1) above shall be transferred to the new council for the Borders.

(3)In Schedule 1 to the said Act of 1969, for the entries relating to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale there shall be substituted the entry relating to the Borders Council set out in Schedule 6 to this Act.

Marginal Citations

53 Records held by local authorities.S

F39(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where a local authority hold records relating to the property or functions of any other local authority, that other authority shall, subject to any arrangements made under section 58 of this Act or section 56 of the 1973 Act by the two authorities—

(a)be entitled to free access to, and copies of, any such records; and

(b)pay to the local authority holding the records such proportion of the costs incurred by that authority in preserving and managing the records—

(i)as the authorities may agree; or

(ii)as may, failing such agreement, be determined by the Secretary of State.

(5)The Keeper shall be entitled to free access to any records held by a local authority.

(6)For the purposes of this section and section 54 of this Act “records” includes charters, deeds, minutes, accounts and other documents, and any other records, of whatever form and in whatever medium, which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland.

Textual Amendments

54 Use, acquisition and disposal of records.S

(1)A local authority may do anything which appears to them to be appropriate for the purpose of enabling proper use to be made of their records and, without prejudice to the generality of the foregoing, may—

(a)make provision for enabling persons, with or without charge and subject to such conditions as the authority may determine, to inspect the records and to make or obtain copies thereof;

(b)prepare, or procure or assist in the preparation of, indices and guides to and calendars and summaries of the records;

(c)publish, or procure or assist in the publication of, the records or any index or guide to or calendar or summary of the records;

(d)hold exhibitions of the records and arrange for the delivery of explanatory lectures, with or without charging for admission to such exhibitions or lectures;

(e)direct that the records be temporarily entrusted to other persons for exhibition or study.

(2)Nothing in subsection (1) above shall be taken as authorising the doing of any act which infringes copyright or contravenes conditions subject to which records are under the control of an authority.

(3)A local authority may—

(a)acquire by way of purchase records which, or (in the case of a collection) the majority of which, appear to the authority to be of general or local interest;

(b)accept the gift of records which or, in the case of a collection, the majority of which appear to the authority to be of general or local interest.

(4)A local authority may accept the deposit of records—

(a)authorised to be deposited with it by any enactment; and

(b)which appear to the authority to be of general or local interest.

F40(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2S. 54 partly in force; s. 54 not in force at Royal Assent see s. 184(2); s. 54(1)-(4) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(a), Sch. 1

55 Restriction on disposal of assets and entering into contracts by existing authorities.S

(1)On and after the relevant date, an existing authority shall not, without the consent of the relevant successor authority or, in a case to which subsection (9) below applies, the Secretary of State—

(a)without prejudice to section 74 of the 1973 Act (disposal of land), dispose of any land for a consideration exceeding £250,000; or

(b)enter into any of the contracts mentioned in subsection (2) below.

(2)The contracts referred to in subsection (1)(b) above are—

(a)contracts—

(i)in terms of which the authority incurs a liability to meet capital expenses within the meaning of section 94 of the 1973 Act (capital expenses); and

(ii)where the consideration exceeds £2,500,000; and

(b)contracts, other than contracts such as are mentioned in sub-paragraph (a)(i) above—

(i)the period of which purports to extend beyond 31st March 1996 or is capable of being so extended; and

(ii)where the consideration exceeds £250,000.

(3)The relevant date for the purposes of this section is such date as the Secretary of State may by order made by statutory instrument determine; and different such dates may be so determined in respect of any of the successor authorities mentioned in subsections (4) to (8) below or, in a case to which subsection (9) below applies, the Secretary of State.

(4)Subject to subsections (5) to (8) below, the relevant successor authority in relation to any proposed disposal or contract by a regional or district council is—

(a)in relation to any disposal of land, the new local authority within whose area the land will be situated; and

(b)in relation to any other contracts, any new local authority whose area will include the whole or any part of the area of the existing local authority.

(5)The relevant successor authority in relation to any proposed disposal of relevant property (within the meaning assigned by paragraph (b) of section 91(1) of this Act) or proposed contract in so far as it relates to functions mentioned in that paragraph is, in the case of—

(a)Lothian, Borders, Fife or Central Region, the East of Scotland Water Authority;

(b)Strathclyde or Dumfries and Galloway Region, the West of Scotland Water Authority; and

(c)Tayside, Highland or Grampian Region or an Islands Area, the North of Scotland Water Authority.

(6)The relevant successor authority in relation to any proposed disposal or contract by the Central Scotland Water Development Board is the East of Scotland Water Authority.

F41(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Where—

(a)a disposal of land such as is mentioned in subsection (1)(a) above is of land held or acquired by the authority for the construction or improvement of any road; or

(b)a contract such as is mentioned in subsection (2) above is for works for the construction or improvement of any road; and

(c)where, in either case, the Secretary of State has given notice to the authority concerned of his intention to make an order under section 12A(1)(a), 12B(1)(a), 12C(1)(b), 12E(1) or 12E(3) of the M31Roads (Scotland) Act 1984 directing that a road or proposed road should become a trunk road or that he should be authorised to provide a special road,

the consent required shall, in either case, be that of the Secretary of State.

(10)The requirement to seek consent imposed by this section shall not apply to—

(a)any disposal of land in respect of which the consent of the Secretary of State is required under section 12(7) of the M32Housing (Scotland) Act 1987; and

(b)any contract entered into by an existing authority in or in connection with the exercise of the power conferred on them by section 24 of the M33Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).

(11)This section applies to any granting of an option to require an existing authority to make a disposal of land or enter into a contract which would require the consent of a successor authority or the Secretary of State as it applies to such a disposal or contract.

(12)In this section “existing authority” means a regional or district council, the Central Scotland Water Development Board, F43... F44. . . and, for the purposes of the matters mentioned in subsection (5) above, includes an islands council.

Textual Amendments

F41S. 55(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 3; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F43Words in s. 55(12) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 3; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F44Words in s. 55(12) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I. 2005/392, art. 2(k)

Marginal Citations

56 Duty of existing authorities and assessors to provide information to new authorities.S

(1)Subject to the provisions of this section, existing local authorities and assessors shall provide new authorities with such information as the latter may reasonably require for the purpose of carrying out, whether before or after 1st April 1996, any of their functions.

(2)A new authority may not require information to be provided from any existing authority or assessor whose area does not correspond, at least in part, with the area of the new authority.

(3)An assessor shall not be required under subsection (1) above to provide any information to a new authority which he is not required to provide to an existing authority.

(4)In this section—

57 Power and duty of existing local authorities to assist new authorities.S

(1)An existing local authority may do anything which in their opinion is appropriate for the purpose of—

(a)facilitating the transfer of their functions, staff and assets to a new authority; or

(b)facilitating the carrying out by a new authority of their functions on and after 1st April 1996.

(2)Without prejudice to the generality of subsection (1) above, existing local authorities having functions in relation to any part of the area of a new authority may establish, or the Secretary of State may require them to establish, a committee in the area of that new authority to consider any matter which it is expedient they should consider in order to ensure the effective operation of that authority on and after 1st April 1996.

(3)Existing local authorities may establish, or the Secretary of State may direct them to establish, a committee in relation to the areas of any group of new authorities to consider any matter which it is expedient they should consider in order to ensure the effective operation of those authorities on and after 1st April 1996.

(4)A committee established under subsection (2) or (3) above shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.

(5)The Secretary of State may direct an existing local authority to do anything which in his opinion is appropriate for the purpose of putting a new authority in a position to carry out their functions with effect from 1st April 1996.

(6)A direction under subsection (5) above—

(a)may be made subject to such conditions (for example, as to payment by the new authority) as may be specified in it; and

(b)shall be complied with by the authority to which it is made.

(7)Any expenses incurred by a committee established under subsection (2) or (3) above shall be defrayed by the authorities by whom the committee was established in such proportions respectively as may be agreed amongst or between them or, in default of agreement, as may be determined by the Secretary of State.

(8)In this section—

58 Further provision as to discharge of functions by authorities.S

(1)Subject to the provisions of this section, a local authority (a “contracting authority”) may agree with any other local authority (a “supplying authority”) that the supplying authority shall carry out for the contracting authority any activity or service which the contracting authority are required to, or may legitimately, carry out.

(2)An agreement under this section—

(a)may provide for activities or services to be carried out by two or more authorities jointly; and

(b)may include such terms as to payment as the authorities concerned consider appropriate.

(3)Anything requiring to be done by a supplying authority under an agreement under this section shall be treated as one of their statutory functions.

(4)The Secretary of State may by regulations make such provision as he thinks fit in relation to the exercise by local authorities of the power conferred by this section and, without prejudice to the generality of the foregoing, such regulations may include provision—

(a)prohibiting or restricting to such extent as may be prescribed the use of the power in relation to such activities or services, or such class or classes of activities or services, as may be so prescribed;

(b)specifying, either generally or in relation to such activities or services, or such classes of activities or services, as may be so prescribed, which authorities may enter into agreements under this section.

(5)This section is without prejudice to any other power under or by virtue of which a local authority may arrange for the carrying out of any of their activities or services by another authority.

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

(7)For the purposes of this section “local authority” includes a residuary body and a joint board.

Commencement Information

I3S. 58 wholly in force at 1.4.1996; s. 58 not in force at Royal Assent see s. 184(2); s. 58 in force for certain purposes at 1.8.1995 by S.I. 1995/702, art. 5; s. 58 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(a), Sch. 1

59 Local Acts and instruments.S

(1)Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Part of this Act shall—

(a)notwithstanding the changes of administrative areas and local authorities effected by or under this Part of this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 1st April 1996 to, but only to, the area, things or persons to which or to whom it applies before that date;

(b)have effect subject to any necessary modifications and to the modifications made by subsection (3) below;

but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.

(2)Subsection (1) above shall have effect subject to the provisions of—

(a)subsection (6) below;

(b)this Part of this Act;

(c)any Act passed after this Act and before 1st April 1996; and

(d)any order made under—

(i)section 181 of this Act; or

(ii)the following provisions of this section.

(3)Any local statutory provision to which this section applies and which relates to functions exercisable by an existing local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 1st April 1996 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.

(4)Subsection (3) above shall not come into force until 1st April 1996 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Part of this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.

(5)Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 181 of this Act, the Secretary of State may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—

(a)extend the provision throughout the new local government area in which it is continued in force;

(b)provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;

(c)make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;

(d)repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;

(e)transfer to any local authority appearing to the Secretary of State to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 181 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;

(f)without prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State to be expedient.

(6)All local statutory provisions to which this subsection applies shall cease to have effect on 31st December 1999, but the Secretary of State may—

(a)by order exempt any such provision from the foregoing provision of this subsection;

(b)from time to time by order postpone the date on which any local statutory provision applying to the whole or part of any local government area is to cease to have effect under this subsection.

(7)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8)This section applies to any local statutory provision in force immediately before 1st April 1996 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following local statutory provisions—

(a)a provision of a local Act, the Bill for which was promoted by a local authority;

(b)a provision of an Act confirming a provisional order made on the application of a local authority;

(c)a provision of an order made on such an application which was subject to special parliamentary procedure;

(d)any byelaw; and

(e)any management rule made under section 112 of the M34Civic Government (Scotland) Act 1982 (management rules),

not being a provision relating to a statutory undertaking.

(9)In this section—

Marginal Citations

60 Applications to sheriff in cases of difficulty.S

Sections 231 (applications to sheriff in cases of difficulty) and 232 (applications to court) of the 1973 Act shall apply in relation to a difficulty arising in the carrying out of this Part of this Act as they apply in relation to a difficulty arising in the carrying out of that Act.

61 Interpretation of Part I.S

In this Part of this Act, unless the context otherwise requires—

and expressions used in this Part of this Act and in the 1973 Act shall have the same meanings in this Part as in that Act.

Textual Amendments

Marginal Citations

Part IIS Water and Sewerage Reorganisation

New water and sewerage authoritiesS

F4662. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F4763. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F4864. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

65 General duties of Secretary of State and of new authorities.S

(1)For section 1 of the 1980 Act (which imposes on the Secretary of State certain duties as respects water conservation and supply) there shall be substituted—

“1 General duties of Secretary of State and of water authorities.

It shall be the duty of the Secretary of State and of the water authorities when exercising their respective functions or powers under or by virtue of this Act—

(a)to promote the conservation and effective use of the water resources of, and the provision of adequate water supplies throughout, Scotland; and

(b)to secure the collection, preparation, publication and dissemination of information and statistics relating to such resources and supplies.”.

F49(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4S. 65 wholly in force at 1.4.1996; s. 65 not in force at Royal Assent see s. 184(2); s. 65(2) in force at 17.7.1995 by S.I. 1995/1898, art. 2(a), Sch.; s. 65(1) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(a), Sch.

F5066. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Protection of customers’ interests etc.S

F5167 Scottish Water and Sewerage Customers Council.S

Textual Amendments

[F52 The Water Industry Commissioner for Scotland]S

Textual Amendments

F52S. 67A and crossheading inserted (1.11.1999) by 1999 c. 9, s. 12(1); S.S.I. 1999/133, art. 2(a)

F5367A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5468. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5569. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5670. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5771. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F5872. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Environmental protectionS

F5973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

ChargesS

F6074. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6275A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6376. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6578. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6679. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6780. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6881. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F6982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Finances of new authoritiesS

F7083. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F71S. 84 repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(d) (with s. 67); S.S.I. 2002/118, art. 2 (subject to savings in art. 3)

F7285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7386. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7487. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F74S. 87 repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(d) (with s. 67); S.S.I. 2002/118, art. 2(3) (subject to savings in art. 3)

F7588. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F75S. 88 repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(d) (with s. 67); S.S.I. 2002/118, art. 2(3) (subject to savings in art. 3)

Subsidiary powers of new authoritiesS

F7689. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Dissolution of Central Scotland Water Development BoardS

F7790. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Transfer of property, rights and liabilities to new authoritiesS

F7891. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F7992. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8093. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8396. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Transfer etc. of staffS

F8497. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Land transactionsS

F8598. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F8699. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F87100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Amendment of Sewerage (Scotland) Act 1968S

101 Authorisation of construction of certain private sewers etc.S

The following section shall be inserted after section 3 of the 1968 Act—

“3A Authorisation of construction of certain private sewers etc.

(1)Without prejudice to their powers under section 3 of this Act (including any power to authorise the construction, on their behalf, of a public sewer), a sewerage authority may authorise a person to construct, within their area but whether or not connecting with their sewers or sewage treatment works, a sewer—

(a)in, under or over any road, or under any cellar or vault below any road; or

(b)in, on or over any land which does not form part of a road and is not land as respects which he is owner, lessee or occupier,

but where authorisation is so given, subsection (2) of section 3 of this Act shall apply in respect of the person and the construction proposed as that subsection applies in respect of a sewerage authority and works proposed by them under subsection (1) of that section.

(2)The sewerage authority—

(a)in giving authorisation to a person under subsection (1) above; or

(b)as respects any sewer (not being a sewer constructed by or on behalf of the authority) whose construction by a person does not require such authorisation,

may, in a case where the proposed sewer will connect with their sewers or sewage treatment works, determine (and by written notice advise the person) that all, or a part which they shall specify in the notice, of the sewer constructed shall not vest in them through the operation of section 16(1)(c) of this Act and shall instead vest in him; but notwithstanding the determination the sewerage authority may, on such terms and conditions as they think fit, then or at some later time enter into an agreement under which the sewer, or as the case may be the part, shall vest in them.”.

102 Emptying of septic tanks.S

For section 10 of the 1968 Act (whereby local authorities are under a duty to empty septic tanks only where they have passed a resolution electing to do so) there shall be substituted—

“10 Emptying of septic tanks.

(1)It shall be the duty of a sewerage authority to empty a septic tank serving premises in their area on their being requested to do so by the owner or occupier of the premises; but that duty is subject to subsection (2) below and as respects any particular septic tank—

(a)to its being reasonably practicable to empty the tank; and

(b)to all proper charges for their doing so being timeously paid.

(2)The duty does not extend to septic tanks which receive trade effluent; but the authority may, at the request of an owner or occupier of premises served by any such septic tank, agree to empty it on such conditions as to payment or otherwise as they think fit.

(3)If any question arises under this section as to whether emptying is reasonably practicable or as to whether a septic tank receives trade effluent, it shall be determined summarily by the sheriff, whose decision in the matter shall be final.

(4)For the purposes of subsection (1) above, a charge is proper if fixed in accordance with, and timeously paid if paid in accordance with, a charges scheme (within the meaning of Part II of the Local Government etc. (Scotland) Act 1994).”.

103 Register as respects trade effluents.S

The following sections shall be inserted after section 37 of the 1968 Act—

“37A Register for purposes of Part II.

(1)A sewerage authority shall maintain a register for the purposes of this Part of this Act.

(2)The authority shall enter in the register—

(a)such particulars as may be prescribed—

(i)of any consent, affecting their area and for the time being extant, given (whether before or after the coming into force of this section) under this Part of this Act; and

(ii)of any agreement, affecting their area and for the time being extant, entered into (whether before or after the coming into force of this section) under section 37 of this Act; and

(b)such particulars of other matters relative to their functions under this Part of this Act as may be prescribed.

(3)It shall be the duty of a sewerage authority—

(a)to secure that the register maintained by them in pursuance of subsection (1) above is, after such date as may be prescribed, open to inspection by the public free of charge at all reasonable hours; and

(b)to afford members of the public reasonable facilities for obtaining from them, on payment of reasonable charges, copies of entries in the register.

(4)In subsections (2) and (3) above, “prescribed” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.

(5)An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

37B Exclusion from register of information affecting national security.

(1)No information shall be included in a register maintained under section 37A of this Act if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or of information of that description, would be contrary to the interests of national security.

(2)The Secretary of State may, for the purposes of subsection (1) above, give to a sewerage authority directions—

(a)specifying information, or descriptions of information, to be excluded from the register; or

(b)specifying descriptions of information to be referred to him for his determination;

and no information referred to him in pursuance of paragraph (b) above shall be included in the register until he determines that it should be so included.

(3)The sewerage authority shall notify the Secretary of State of any information they exclude from the register in pursuance of directions under subsection (2) above.

(4)A person may, as respects any information which (but for this section) might be included in the register but which he believes may be information whose inclusion would be contrary to the interests of national security, by notice so inform the Secretary of State, specifying the information and indicating its apparent nature; and if the person does so—

(a)he shall advise the sewerage authority that he has given such notice; and

(b)no information in respect of which such advice has been given shall be included in the register until the Secretary of State has determined that it should be so included.”.

104 Disapplication of restrictions on disclosure of information.S

In section 50 of the 1968 Act (which imposes restrictions on the disclosure of information obtained under or by virtue of that Act)—

(a)in subsection (2), after paragraph (a) there shall be inserted—

“(aa)in prescribed circumstances or for prescribed purposes; or”; and

(b)after subsection (3) there shall be added—

“(4)In paragraph (aa) of subsection (2) above, “prescribed” means prescribed by the Secretary of State by regulations made under this subsection by statutory instrument.

(5)An instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Subsections (1) and (2) above are subject to regulation 3(7) of the Environmental Information Regulations 1992 (which disapplies restrictions on disclosure if in pursuance of the M38regulations).”.

Marginal Citations

Further amendment of Water (Scotland) Act 1980S

105 Restriction on references to Secretary of State of questions regarding water supply.S

In section 9(4) of the 1980 Act (which provides that questions as to the terms and conditions on which water is supplied etc. are to be referred to the Secretary of State in the absence of agreement), after the word “supplied” there shall be inserted “ (not being a question as respects charges for the water which is to be supplied) ”.

106 Removal of restriction on supply of water to premises outwith water authority’s limits of supply.S

For section 12 of the 1980 Act (which provides for a water authority giving a supply of water to premises situated outwith their limits of supply if the water authority within whose limits the premises are situated consents) there shall be substituted—

“12 Supply of water to premises outwith limits of supply.

Where premises are situated outwith the limits of supply of a water authority, the authority may, after informing the water authority within whose limits of supply the premises are situated, give a supply of water to the premises.”.

107 Supply of water for use outwith Scotland.S

The following section shall be inserted after section 13 of the 1980 Act—

“13A Supply of water for use outwith Scotland.

(1)A water authority may, if for the time being they are satisfied that such supplies of water as are available to them are likely to be more than sufficient to enable them to fulfil their duties as respects the supply of water to premises in Scotland, enter into an agreement with any other person to give him, on such terms and conditions as they think fit and whether or not in bulk, a supply of water for use outwith Scotland.

(2)For the purposes of laying any pipes or installing any apparatus connected therewith, being pipes or apparatus required for giving a supply of water in pursuance of an agreement entered into under subsection (1) above, a water authority may exercise, either within or outwith their limits of supply, the like powers with respect to laying mains or breaking open roads as are exercisable by them under this Act for the purposes of laying mains, but subject to the like conditions and obligations.”.

108 Further provision as regards removal of restrictions on supply of water outwith limits of supply.S

For section 21 of the 1980 Act (which provides powers for the purposes of a water authority providing the whole or part of their limits of supply with a supply of water) there shall be substituted—

“21 Power to carry out works.

Without prejudice to any other powers which they may have, a water authority may, for the purposes of providing a supply of water under this Act and subject to its provisions—

(a)construct, alter, acquire by purchase, lease or otherwise, or renew or maintain, waterworks;

(b)so acquire any undertaking belonging to persons, other than a water authority, who are supplying or are authorised to supply water;

(c)so acquire premises to be used for the purposes of the authority and maintain such premises;

(d)contract with any person for a supply by him of water in bulk or otherwise; or

(e)erect and maintain a house for the use of a person employed by them for the purposes of their undertaking.”.

109 Right of objection to proposed laying of mains.S

In section 23 of the 1980 Act (power to lay mains), after subsection (1) there shall be inserted—

“(1A)If within two months after the service of a notice under subsection (1)(b) above the owner or occupier objects to the water authority about the proposed works (and that objection is not withdrawn), the authority shall not proceed to lay the main but shall refer the matter by summary application to the sheriff, who may—

(a)grant consent to the proposed works, either unconditionally or subject to such terms and conditions as he thinks just; or

(b)withhold his consent;

and the decision of the sheriff on the matter shall be final.”.

110 Vesting of certain supply pipes.S

In section 24 of the 1980 Act (which makes provision as regards communication and supply pipes)—

(a)in subsection (4)—

(i)after the word “road” there shall be inserted “ and is not, by virtue of any of subsections (5) to (8) below, vested in them ”; and

(ii)at the end there shall be added “ and to the terms and conditions of any such agreement as is mentioned in subsection (8) below ”; and

(b)after subsection (4) there shall be added—

“(5)Where the laying of a supply pipe is completed after such day as the Secretary of State may under this subsection by order appoint, so much of that pipe as may lie between a communication pipe with which it connects and the curtilage of the premises supplied shall, on such completion, vest in the water authority in whom is vested the communication pipe as shall any apparatus used wholly or mainly in connection with that supply pipe; and a supply pipe in so far as so lying is, together with any apparatus so used in connection with it, referred to in the following provisions of this section as a “relevant supply pipe”.

(6)Subject to subsection (7) below, on such day as the Secretary of State may by order appoint, a relevant supply pipe which is not then vested in any water authority (and whose laying is complete) shall vest in the water authority in whom the communication pipe is vested.

(7)Subsection (6) above shall have no effect in relation to any relevant supply pipe in respect of which notice is both given and not withdrawn, within the period of three months before the day appointed under that subsection—

(a)to the water authority in question by the person (or as the case may be any one of the persons) in whom the pipe is, or will immediately before that day be, vested stating that he does not wish the pipe to vest in the water authority under that subsection; or

(b)to such person (or as the case may be persons) by the water authority stating that the pipe is inappropriate for the purpose of supplying water to the premises, whether by reason of its state of repair or otherwise,

but at any time after the appointed day the person, or as the case may be persons, in whom the pipe is vested may by notice specify a day on which he desires (or they desire) that the pipe shall vest in the authority and if the pipe is on that specified day appropriate for the purpose of supplying water to the premises it shall vest accordingly.

(8)If a relevant supply pipe does not vest in a water authority by virtue of subsection (6) or (7) above, the pipe may nevertheless vest by agreement in the authority—

(a)on such terms and conditions; and

(b)as from such day after the appointed day,

as the person (or persons) and the water authority consider appropriate.

(9)The water authority shall, at their own expense, carry out any necessary work of maintenance, repair or renewal of relevant supply pipes vested in them by virtue of any of subsections (5) to (7) above; but this subsection is without prejudice to the terms and conditions of any such agreement as is mentioned in subsection (8) above.

(10)Any dispute arising under subsection (7) above as to whether—

(a)a notice under paragraph (b) of that subsection should be withdrawn as unjustified;

(b)apparatus is used wholly or mainly in connection with a supply pipe; or

(c)on a specified day a relevant supply pipe is appropriate for the purpose of supplying water to the premises,

shall be referred by the person or persons in whom the pipe is vested to the Secretary of State, who may determine the dispute himself or, if he thinks fit, refer it for determination by arbitration.”.

111 Duty of water authority to keep map showing water mains etc.S

The following section shall be inserted after section 24 of the 1980 Act—

“24A Keeping of map showing water mains, etc.

(1)A water authority shall keep deposited at their principal office a map showing and distinguishing so far as is reasonably practicable all water mains, communication pipes and supply pipes which are vested in them by virtue of this Act or of Part II of the Local Government etc. (Scotland) Act 1994; and the authority shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as the authority may determine.

(2)A water authority shall keep deposited at such of their offices, other than their principal office, as they consider appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and the authority shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, they do in relation to the map mentioned in that subsection at their principal office.

(3)For the purposes of subsection (2) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to the water authority to be appropriate having regard to the geographical location of that office.”.

112 Simplification of provisions as respects opting for water supply by meter.S

For section 41A of the 1980 Act (which makes provision as respects the supply of water by meter) there shall be substituted—

“41A Supply of water by meter.

The occupier of premises to which water is supplied shall have the option, provided that he has (if he is not himself the owner of the premises) the consent of the owner, of taking the supply by meter; but the exercise of that option shall be conditional upon—

(a)the payment by the occupier of any reasonable charges made by the authority under section 35 of this Act; and

(b)the acceptance by him of such reasonable terms and conditions as may be published by the water authority under section 55(1) of this Act,

and any question as to whether any such charges or terms and conditions are reasonable shall, in default of agreement, be referred to the Secretary of State who may determine it himself or, if he thinks fit, refer it to arbitration.”.

113 Actings of Secretary of State on default of water authority.S

In section 76E(4) of the 1980 Act (which provides for enforcement, by default order, of requirements as to quality of water unless the Secretary of State is satisfied that failures complained of were of a trivial nature or that certain undertakings given are being complied with), in paragraph (a)—

(a)the words after “of”, where it first occurs, shall be sub-paragraph (i) of the paragraph; and

(b)after that sub-paragraph there shall be added— “; or

(ii)are not continuing and are unlikely to recur;”.

114 Publication and provision of information as respects quality of private supplies of water.S

In section 76F of the 1980 Act (general functions of local authorities in relation to water quality), after subsection (6) there shall be added—

“(7)The Secretary of State may by regulations require a local authority—

(a)to publish information about the quality of private supplies of water for domestic or food production purposes to any premises in their area; and

(b)to provide information to prescribed persons about the quality of water so supplied.

(8)Regulations under subsection (7) above—

(a)shall prescribe both the information which is to be published or provided in pursuance of the regulations and the manner and circumstances in which it is to be published or provided;

(b)may require the provision of information by a local authority to any person to be free of charge or may authorise it to be subject to the payment by that person to the authority of a prescribed charge; and

(c)may impose such other conditions on the provision of information by a local authority to any person as may be prescribed.”.

115 Regulations as to certain procedures.S

In section 101 of the 1980 Act (provisions as to regulations), after subsection (1A) there shall be added—

“(1B)The Secretary of State may by regulations make provision as to—

(a)the manner in which and the time within which a question or dispute may be referred (other than by him for determination by arbitration), or a request may be made, in pursuance of section 6(3), 9(4) or 24(10) of this Act and as to the procedure for dealing with any such reference or request; and

(b)the manner in which, subject to sections 76G and 76H of this Act, written representation or objection may be made, submitted or withdrawn under subsection (2) of the said section 76H.”.

Miscellaneous provisions as respects new authoritiesS

F88116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F89117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F90118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F91119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F92120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F93121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F94122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F95123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Other miscellaneous provisionsS

F96124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

GeneralS

F97125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F98125A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

F99126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Part IIIS The Principal Reporter and the Scottish Children’s Reporter Administration

The Principal ReporterS

F100127 The Principal Reporter.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

The Scottish Children’s Reporter AdministrationS

F100128 The Scottish Children’s Reporter Administration.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

F100129 Appeal against dismissal of Principal Reporter and other officers.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

Additional functions of the Principal ReporterS

F100130 Annual report of Principal Reporter.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

F100131 Delegation of Principal Reporter’s functions.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

Functions of the AdministrationS

F100132 Duty of Administration to provide accommodation etc. for children’s hearings.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

F100133 Ancillary powers of Administration.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

F100134 Directions by the Secretary of State.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

Finance of the AdministrationS

F100135 Government grants to the Administration.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

Reports, accounts etc. of the AdministrationS

F100136 Reports, accounts etc. of the Administration.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

General and supplementalS

F100137 Staff: application of Chapter 2 of Part I.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

F100138 Property etc.: application of Chapter 3 of Part I.S

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

Textual Amendments

F100Ss. 127-138 repealed (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 6 (with s. 186) (with savings and transitional provisions in S.S.I. 2013/150, arts. 20-24); S.S.I. 2013/195, arts. 2, 3

Part IVS Miscellaneous

Social workS

F101139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

Voluntary organisationsS

140 Power of local authorities to provide assistance to voluntary organisations.S

In section 88 of the 1973 Act (provision of information etc. on matters relating to functions of local authority), after subsection (2) there shall be inserted—

“(3)A local authority may assist voluntary organisations to provide for individuals—

(a)information and advice concerning those individuals’ rights and obligations; and

(b)assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.”.

ByelawsS

141 Byelaws under section 121 of Civic Government (Scotland) Act 1982.S

In section 121 of the M39Civic Government (Scotland) Act 1982 (control of the seashore, adjacent waters and inland waters)—

(a)in subsection (5), for paragraph (b) there shall be substituted—

“(b)the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a);”;

(b)in subsection (6) the words from “and of” to “that proposal” shall cease to have effect; and

(c)in subsection (7)—

(i)the words from “but the” to “his consent”; and

(ii)the word “nevertheless”,

shall cease to have effect.

Marginal Citations

Polling districtsS

142 Organisation of polling districts.S

(1)Section 18 of the M40Representation of the People Act 1983 (polling districts and places at parliamentary elections) shall be amended in accordance with this section.

(2)In subsection (3)—

(a)for the words from “returning officer’s” to “places”, where it first occurs, there shall be substituted the words “ duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts ”;

(b)in paragraph (a)—

(i)for the words “returning officer” there shall be substituted the words “ local authority ”;

(ii)for the words “the constituency” there shall be substituted the words “ so much of the constituency as falls within their area ”; and

(iii)for the word “he” there shall be substituted the words “ the local authority ”;

and

(c)in paragraph (b), for the words from the beginning to “constituency”, where it last occurs, there shall be substituted the words “ each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area ”.

(3)In subsection (5)—

(a)the words “any interested authority or” and “(or in Scotland, the returning officer)” shall cease to have effect;

(b)the words “or returning officer”, in both places where they occur, shall cease to have effect; and

(c)in the definition of “interested authority”, sub-paragraph (iii) shall cease to have effect.

(4)In subsection (6), the words “or returning officer” shall cease to have effect.

Marginal Citations

EducationS

143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

144 Denominational schools: proposals under section 22D of Education (Scotland) Act 1980.S

In section 22D of the M41Education (Scotland) Act 1980 (further provisions relating to denominational schools)—

(a)in subsection (2)(a), for the word “the” there shall be substituted “ an ”;

(b)in subsection (2)(c)—

(i)for the words “the education authority”, where they first occur, there shall be substituted “ any education authority affected by it ”;

(ii)in sub-paragraph (i), for the words “the result” there shall be substituted “ any of the results ”; and

(iii)in sub-paragraph (ii), after the word “authority”, there shall be inserted “ submitting the proposal under subsection (1) above ”; and

(c)for subsections (3) and (4) there shall be substituted the following subsection—

“(3)The results referred to in subsection (2)(c)(i) above are—

(a)a significant deterioration for pupils belonging to the area of the education authority submitting the proposal under subsection (1) above; or

(b)a significant deterioration for pupils belonging to the area of any other education authority; or

(c)where neither paragraph (a) nor paragraph (b) above applies, such a deterioration for pupils as mentioned in the said paragraph (a) and pupils belonging to the area of another education authority as, taken together, amounts to a significant deterioration,

in the provision, distribution or availability of school education in schools of the kind referred to in subsection (2)(a) above compared with such provision, distribution or availability in other public schools.”.

Marginal Citations

145 Provision of school transport and other facilities.S

(1)The M42Education (Scotland) Act 1980 shall be amended in accordance with this section.

(2)In section 50(3) (power of education authority to provide transport and other facilities in exceptional circumstances)—

(a)in paragraph (a)—

(i)after the word “with”, where it first occurs, there shall be inserted “—

(i)”; and

(ii)after the word “Act” there shall be inserted “—

(ii)any arrangements made by them under section 23(1A) of this Act; or

(iii)the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act”; and

(b)in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”.

(3)In section 51 (provision of transport and other facilities)—

(a)in subsection (2A)—

(i)in paragraph (a)—

(A)after the word “with” there shall be inserted “—

(i)”; and

(B)after the word “Act” there shall be inserted—

“(ii)any arrangements made by them under section 23(1A) of this Act; or

(iii)the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act”; and

(ii)in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”; and

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

“(2AD)Without prejudice to the generality of subsection (1) above, the duty imposed by that subsection applies in cases where a pupil attends a school or educational establishment under the management of another education authority—

(a)in accordance with any arrangements made by them under section 23(1A) of this Act;

(b)in accordance with the arrangements subsisting before the establishment of new local government areas under Part I of the Local Government etc. (Scotland) Act 1994 and continuing by virtue of section 23(1C) of this Act; or

(c)if at the time when the pupil was placed in that school or educational establishment it was under the management of the education authority for the area to which the pupil belonged, and is under the management of another education authority as a consequence of the establishment of such new local government areas.”.

Marginal Citations

RoadsS

146 Definition of “road”.S

In section 151 of the M43Roads (Scotland) Act 1984 (interpretation), after subsection (1) there shall be inserted the following subsection—

“(1A)A way to which the public has access (by whatever means and whether subject to a toll or not) which passes over a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, a private Act shall, for the purposes of the definition of “road” in subsection (1) above, be treated as if there were a public right of passage over it.”.

Marginal Citations

147 Provisions consequential on making of special road order.S

After section 113 of the M44Roads (Scotland) Act 1984 there shall be inserted the following section—

“113A Dissolution of certain bodies in consequence of order under section 9.

(1)Where—

(a)an order under section 9 of this Act transfers to a special road authority a road for the management and maintenance of which a body other than a roads authority was, prior to the coming into force of the order, responsible under any enactment; and

(b)the functions of that body relate solely to that road,

the Secretary of State may by order (in this section referred to as a “dissolution order”) dissolve the body.

(2)A dissolution order may transfer or provide for the transfer to—

(a)the special road authority referred to in subsection (1)(a) above; or

(b)such other person as the Secretary of State considers appropriate,

of such of the property, rights and liabilities of the body dissolved by the order as the Secretary of State considers appropriate.

(3)A dissolution order may make provision in connection with the transfer of staff employed by or for the purposes of the body.

(4)Without prejudice to the generality of subsection (2) above, a dissolution order may make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of the body.

(5)A dissolution order may make incidental provision as to the interests, rights and liabilities of third parties with respect to property, rights and liabilities transferred by the order.

(6)In subsection (5) above the reference to third parties is a reference to persons other than the body and the persons referred to in subsection (2)(a) and (b) above.

(7)A dissolution order may repeal or amend—

(a)any enactment in a private Act; and

(b)any provision of an order made under or confirmed by a private Act,

which, in consequence of the making of the order, is no longer required or, as the case may be, requires to be amended.”.

Marginal Citations

148 Toll orders.S

(1)In paragraph 14D(1) of Schedule 1 to the M45Roads (Scotland) Act 1984 (procedure for making and confirming toll orders), at the end of paragraph (a) (and before the word “and” immediately following it) there shall be inserted the following paragraph—

“(aa)that existing road is free of toll,”.

(2)In section 27 of the M46New Roads and Street Works Act 1991 (toll orders), after subsection (9) there shall be inserted the following subsection—

“(9A)On the date when a toll order comes into force any provision of any enactment (other than an enactment contained in this Act) which confers a power or imposes a duty to charge tolls for the use of all or part of any road to which the toll order relates shall cease to have effect.”.

Marginal Citations

149 Road works register.S

In section 112 of the New Roads and Street Works Act 1991 (road works register)—

(a)in subsection (4), for the words from “of road” to “section” there shall be substituted the words “ under this section of such road works authorities as he may specify ”;

(b)after subsection (4) there shall be inserted the following subsection—

“(4A)Before making any arrangements under subsection (4) the Secretary of State shall consult—

(a)any road works authority having duties under this section which he intends not to specify for the purposes of the arrangements; and

(b)any undertaker (other than a person having permission under section 109 to execute road works) having apparatus in a road for which such road works authority is responsible.”; and

(c)in subsection (5), after the word—

(i)“require” there shall be inserted the word “ the ”; and

(ii)“authorities” there shall be inserted the words “ so specified ”.

150 Traffic signs.S

(1)Notwithstanding the provisions of section 67 of the M47Road Traffic Regulation Act 1984 (persons empowered to place traffic signs on road in emergency etc.), the Secretary of State may, with the consent of the [F103chief constable of the Police Service of Scotland] as respects a road or any structure on a road, place on that road, or on any structure on that road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of the said Act of 1984), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.

(2)Section 36 of the M48Road Traffic Act 1988 (drivers to comply with traffic signs) shall apply to signs placed in the exercise of the power conferred by subsection (1) above.

(3)In this section—

Textual Amendments

F103Words in s. 150(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 10; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Modifications etc. (not altering text)

C7S. 150: power to contract out functions of the Secretary of State conferred (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 7

Marginal Citations

Valuation and ratingS

151 [F104Exclusion from valuation roll of fishings and fish counters]S

(1)On and after 1st April 1995 no F105... fishings or fish counters shall be entered in the valuation roll.

(2)Nothing in subsection (1) above shall affect any right of a district salmon fishery board (within the meaning of section 40(1) of the M50Salmon Act 1986) to require the assessor to value and enter any rights of salmon fishing in the valuation roll for the purposes of fishery assessments only.

(3)For the purposes of this section—

Textual Amendments

F105Words in s. 151(1) repealed (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 74(2), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), sch. (with art. 3)

Marginal Citations

152 Amendment of definition of “lands and heritages”.S

(1)The M52Lands Valuation (Scotland) Act 1854 shall be amended as follows.

(2)In section 42 (interpretation), in the definition of “lands and heritages”, for the words from “all machinery fixed” to the end of the first proviso substitute the words “ such class or classes of plant or machinery in or on any lands and heritages as may be prescribed by the Secretary of State by regulations ”.

(3)After section 42 add—

“43 Regulations.

(1)Regulations under section 42 of this Act may, if made so as to take effect other than at the beginning of a year of revaluation (within the meaning of the M53Local Government (Scotland) Act 1975), provide for the revaluation of any lands and heritages affected by the regulations.

(2)The power to make regulations under the said section 42 shall be exercisable by statutory instrument.

(3)Any statutory instrument containing regulations made under the said section 42 shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Marginal Citations

153 Power of Secretary of State to prescribe amount of non-domestic rate.S

(1)For any financial year, the Secretary of State may by regulations prescribe that the amount payable as non-domestic rate in respect of any lands and heritages shall be such amount as may be determined in accordance with prescribed rules.

(2)Rules prescribed under this section may be framed by reference to such factors as the Secretary of State thinks fit and such factors may, without prejudice to that generality, include the circumstances of persons by whom rates are payable.

(3)Regulations under this section may make different provision in relation to different areas and different classes of lands and heritages and, without prejudice to that generality, may make different provision in relation to lands and heritages

[F106(a)]whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure;

[F107(b)whose energy efficiency and greenhouse gas emissions fall into different categories prescribed for the purpose of this paragraph in rules under subsection (1)];

[F108(c)which—

(i)contribute to the net-zero emissions target (for example, by virtue of forming part of a district heating network) and those which do not so contribute,

(ii)contribute as mentioned in sub-paragraph (i) and whose contributions fall into different categories prescribed for the purpose of this sub-paragraph in rules under subsection (1).]

[F109(3A)Regulations under this section may make provision in relation to how lands and heritages are to be determined to fall within a category prescribed for the purpose of subsection (3)(b) [F110or (c)(ii)] in rules under subsection (1).]

(4)Where regulations under this section apply in relation to any lands and heritages or class of lands and heritages, the non-domestic rate for the financial year to which the regulations relate shall be levied in respect of such lands and heritages, or class of lands and heritages, in accordance with the regulations.

[F111(4A)The Scottish Ministers may, during the financial year 2020-21, make regulations under subsection (1) prescribing rules, in accordance with which the amount payable as non-domestic rate may be reduced or remitted, which are to apply—

(a)for the whole of that year, including the period prior to the regulations being made, or

(b)for such period falling within that year as is specified in the regulations, including a period beginning prior to the regulations being made.]

(5)The power to make regulations under this section shall be exercisable by statutory instrument.

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

[F112(7)In subsection (3)(c), “net-zero emissions target” has the meaning given by section A1(1) of the Climate Change (Scotland) Act 2009.]

Textual Amendments

F106S. 153(3)(a): words in s. 153(3) renumbered as s. 153(3)(a) (1.4.2010) by Climate Change (Scotland) Act 2009 (asp 12), ss. 67(a), 100 (with s. 95); S.S.I. 2009/341, art. 2(3)

154 Rating of unoccupied lands and heritages.S

For section 24 of the M54Local Government (Scotland) Act 1966 (liability to be rated in respect of certain unoccupied property) substitute—

“24 Unoccupied lands and heritages.

(1)Subject to subsection (2) below, no rates shall be payable in respect of lands and heritages which are unoccupied.

(2)The Secretary of State may by regulations prescribe a class or classes of lands and heritages such as are mentioned in subsection (1) above for which the rates payable shall be the rates mentioned in subsection (3) below.

(3)A person entitled to possession of lands and heritages which fall within a class prescribed by regulations under this section shall be liable to pay a rate equal to one half of the amount of the non-domestic rate which would have been payable if such lands and heritages had been occupied; and the enactments relating to rating shall apply with any necessary modifications as if the lands and heritages were occupied by that person.

(4)Where any lands and heritages fall within a class prescribed by regulations under subsection (2) above, such lands and heritages shall be treated for the purposes of section 4 of the M55Local Government (Financial Provisions etc.) (Scotland) Act 1962 as if they are being used for the purpose for which they were used when they were last occupied.

(5)Any statutory instrument containing regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Marginal Citations

155 Rating of lands and heritages partly unoccupied for a short time.S

After section 24 of the M56Local Government (Scotland) Act 1966 insert—

“24A Lands and heritages partly unoccupied for a short time.

(1)If it appears to the rating authority that part of any lands and heritages included in the valuation roll is unoccupied but will remain so for a short time only, the authority may request the assessor to apportion the rateable value between the occupied and unoccupied parts and on being thus requested the assessor shall apportion the rateable value accordingly.

(2)As from whichever is the later of the following—

(a)the date on which lands and heritages the rateable value of which has been apportioned under subsection (1) above became partly occupied;

(b)the commencement of the financial year in which the request under that subsection relating to those lands and heritages was made,

until whichever of the events specified in subsection (3) below first occurs, the value apportioned to the occupied part of the lands and heritages shall, subject to subsection (4) below, be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll.

(3)The events mentioned in subsection (2) above are—

(a)the reoccupation of any of the unoccupied part;

(b)the end of the financial year in which the request was made;

(c)a further apportionment of the value of the lands and heritages taking effect under subsection (1) above;

(d)the lands and heritages to which the apportionment relates becoming completely unoccupied.

(4)Where any lands and heritages fall within such class or classes of lands and heritages as may be prescribed by the Secretary of State by regulations, the value to be treated for rating purposes as if it were the rateable value ascribed to the lands and heritages in the valuation roll shall be the sum of—

(a)the value apportioned to the occupied part of the lands and heritages; and

(b)one half of the value apportioned to the unoccupied part of the lands and heritages.

(5)Notwithstanding paragraph (b) of subsection (3) above, if it appears to the rating authority that the part of the lands and heritages which was unoccupied at the date of an apportionment of the rateable value thereof under subsection (1) above has continued after the end of the financial year referred to in that paragraph to be unoccupied but will remain so for a short time only, the authority may direct that the apportionment shall continue to have effect for the next financial year; and subsections (2), (3)(a), (c) and (d) and (4) above shall have effect in relation to that year accordingly.

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

(7)In this section “financial year” has the meaning assigned to it by section 96(5) of the M57Local Government (Scotland) Act 1973.

24B Certain lands and heritages to be treated as unoccupied.

(1)For the purposes of section 24 of this Act, lands and heritages shall be treated as unoccupied if, apart from this section, they would fall to be treated as occupied by reason only of there being kept on the lands and heritages plant, machinery or equipment—

(a)which was last used on the lands and heritages when they were last in use; or

(b)which is intended for use on the lands and heritages.

(2)Subsection (1) above applies to the unoccupied part of lands and heritages for the purposes of section 24A of this Act as it applies to unoccupied lands and heritages for the purposes of the said section 24.”.

Marginal Citations

156 Remission of rates on account of hardship.S

After section 25 of the M58Local Government (Scotland) Act 1966 insert—

“ Exemption from payment of ratesS
25A Remission of rates on account of hardship.

Every rating authority may, on the application of any person liable to pay any rate levied by the authority, remit payment (in whole or in part) of the rate if the authority are satisfied that—

(a)the person would sustain hardship if the authority did not do so; and

(b)it is reasonable for the authority to do so, having regard to the interests of persons liable to pay council tax set by them.”.

Marginal Citations

F113157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

158 Grants in respect of certain rate rebates.S

In section 69 of the M59Local Government, Planning and Land Act 1980 (grants in respect of rebates under the M60Rating (Disabled Persons) Act 1978)—

(a)after subsection (1) insert—

“(1A)Subject to subsection (1B) below, no grant shall be paid to any authority in respect of any rebates granted by that authority on or after 1st April 1995.

(1B)A grant shall be payable to any authority granting rebates under the said Act of 1978 in respect of non-domestic water and sewerage rates for the year beginning with 1st April 1995.”; and

(b)after subsection (2) insert—

“(2A)Subsections (1A) and (1B) above extend to Scotland only.”.

Marginal Citations

159 Rating of enterprise zone.S

(1)Schedule 32 to the Local Government, Planning and Land Act 1980 shall be amended in accordance with this section.

(2)In paragraph 33(2) (meaning of exempt lands and heritages for purpose of paragraph 33)—

(a)paragraph (a) shall cease to have effect; and

(b)for paragraph (b) substitute—

“(b)the rateable values of the lands and heritages are prescribed under or determined by virtue of an order under section 6 of the M61Local Government (Scotland) Act 1975 (valuation by formula of certain lands and heritages),”.

(3)In paragraph 34 (grants to compensate rating authorities for loss of revenue)—

(a)in sub-paragraph (1)—

(i)at the beginning insert the words “ For the financial year 1995-96, ”; and

(ii)after “revenue” insert the words “ in respect of the non-domestic sewerage rate ”.

Marginal Citations

160 Further provision as to valuation by formula.S

In section 6 of the 1975 Act (valuation by formula of certain lands and heritages), after subsection (5) there shall be inserted the following subsection—

“(5A)An order under this section may provide that the assessor for any specified valuation area shall carry out such functions in relation to the operation of a formula as may be specified in the order, notwithstanding that such functions may include the valuation of lands and heritages in another valuation area.”.

161 Power of Secretary of State to combine and divide lands and heritages.S

After section 6 of the M62Valuation and Rating (Scotland) Act 1956 there shall be inserted the following section—

“6A Power of Secretary of State to combine and divide lands and heritages.

(1)The Secretary of State may by order provide that, for all purposes of the Valuation Acts—

(a)lands and heritages specified in the order which would, apart from the order, be treated as justifying separate entries in the valuation roll shall be treated as justifying only one such entry; and

(b)lands and heritages so specified which would, apart from the order, be treated as justifying only one entry in the valuation roll shall be treated as justifying separate entries,

and an order under paragraph (b) above shall specify which parts of the lands and heritages concerned are to be treated as justifying separate entries.

(2)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

Marginal Citations

162 Abolition of Scottish Valuation Advisory Council.S

(1)The Scottish Valuation Advisory Council constituted under section 3 of the Valuation and Rating (Scotland) Act 1956 (“the 1956 Act”) shall cease to exist immediately before 1st April 1996.

(2)In the 1956 Act—

(a)section 3; and

(b)in section 43(1) (interpretation), the definition of “Advisory Council”,

shall cease to have effect.

Commencement Information

I5S. 162 wholly in force at 1.4.1996; s. 162 not in force at Royal Assent see s. 184(2); s. 162(1) in force at 1.4.1995 by S.I. 1994/3150, art. 4(a), Sch. 1; s. 162(2) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(a), Sch. 1

Amendment of Transport Act 1968S

163 Guarantees by Strathclyde Passenger Transport Authority.S

After section 13 of the M63Transport Act 1968 there shall be inserted the following section—

“13A Guarantees by Authority.

The Authority may guarantee any obligation entered into by the Executive with the approval of the Authority.”.

Marginal Citations

FinanceS

164 Calculation of limits on spending.S

(1)Section 83 of the 1973 Act (power of local authorities to incur expenditure not otherwise authorised) shall be amended in accordance with this section.

(2)In subsection (1)—

(a)after the words “in the interests of” there shall be inserted the words “ and will bring direct benefit to ”;

(b)after the words “incur any expenditure” there shall be inserted “ (a) ”; and

(c)at the end there shall be added the words— “nor

(b)unless the direct benefit accruing to their area or any part of it or to all or some of the inhabitants of their area will be commensurate with the expenditure to be incurred.”.

(3)Subsection (3A) shall cease to have effect.

(4)For subsection (4) substitute—

“(4)The expenditure of a local authority under this section in any financial year shall not exceed the amount produced by multiplying—

(a)£3.80, or such other sum as may from time to time be specified in an order made by the Secretary of State; by

(b)the relevant population of the authority’s area.

(4AA)For the purposes of subsection (4)(b) above the relevant population of a local authority’s area shall be determined in accordance with regulations made by the Secretary of State.”.

(5)For subsections (5) and (6) substitute—

“(5)A statutory instrument containing an order or regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Commencement Information

I6S. 164 wholly in force at 1.4.1996; s. 164 not in force at Royal Assent see s. 184(2); s. 164(1)(2) in force at 1.4.1995 by S.I. 1995/702, art. 3(a); s. 164(3)-(5) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(a), Sch. 1

165 Powers of authorities to borrow and lend money.S

(1)The Secretary of State may by regulations made with the consent of the Treasury make provision with respect to the powers of authorities—

(a)to borrow and lend money; and

(b)to establish and operate loans funds.

(2)Regulations under this section may make different provision in respect of different authorities and may include such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.

(3)Without prejudice to the generality of the powers conferred by subsections (1) and (2) above, regulations under this section may—

(a)specify the purposes for which an authority may borrow money;

(b)place limits on amounts which an authority may borrow;

(c)specify the means by which an authority may borrow;

(d)make provision for—

(i)the means by which money borrowed by an authority may be secured; and

(ii)the protection of persons borrowing from an authority;

(e)specify from whom an authority may borrow or to whom they may lend;

(f)specify the terms on which an authority may lend;

(g)make provision as to what assets and liabilities may be paid or transferred into or out of a loans fund and on what terms;

(h)provide for investigations to be carried out at the instance of the Secretary of State into the administration of a loans fund;

(i)place requirements on an authority to obtain such consent as may be prescribed before taking prescribed actions; and

(j)where an authority have failed to comply with the regulations, provide for the Secretary of State to apply to the Court of Session for an order ordaining compliance, and for the court to grant such an application if they think fit.

(4)Where it appears to the Secretary of State to be necessary or expedient, in the light of any regulations made under this section, to amend any reference in any enactment, whether passed before or after the coming into force of this section—

(a)to a loans fund; or

(b)to any provision in Schedule 3 to the 1975 Act,

he may by regulations make such amendment.

(5)Regulations under this section shall be made by statutory instrument, but shall not be made unless a draft of any such statutory instrument has been laid before and approved by resolution of each House of Parliament.

(6)For the purposes of this section “authority” means a local authority, a joint board F114. . .[F115, the Strathclyde Passenger Transport Authority or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005].

Textual Amendments

F114Words in s. 165(6) repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xxxvi)

F115Words in s. 165(6) substituted (19.3.2020) by Transport (Scotland) Act 2019 (asp 17), ss. 122(3), 130(2) (with s. 126); S.S.I. 2020/68, reg. 2(a)

166 Grants in relation to ethnic minorities.S

For section 11 of the M64Local Government (Scotland) Act 1966 substitute—

“11 Grants for certain expenditure in relation to ethnic minorities.

(1)Subject to the provisions of this section, the Secretary of State may pay to local authorities which in his opinion are required to make special provision in the exercise of any of their functions in consequence of the presence within their area of persons belonging to ethnic minorities whose language or customs differ from those of the rest of the community, grants of such amounts as he may, with the consent of the Treasury, determine on account of expenditure in respect of the employment of staff.

(2)No grant shall be paid under this section in respect of expenditure incurred before 1st April 1993.”.

Marginal Citations

167 Special grants.S

After section 108 of the M65Local Government Finance Act 1992 insert—

“108A Special grants.

(1)The Secretary of State may, with the consent of the Treasury, pay a grant (in this section referred to as a “special grant”) in accordance with this section to a local authority.

(2)Where the Secretary of State proposes to make a special grant to one authority he shall, before making the grant, make a determination stating—

(a)the authority to which the grant is to be paid;

(b)the purpose for which the grant is to be paid; and

(c)the amount of the grant which is to be paid or the manner in which that amount is to be calculated.

(3)Where the Secretary of State proposes to make special grants to more than one authority he shall, before making the grants, make a determination stating—

(a)to which authorities they are to be paid;

(b)the purpose for which they are to be paid; and

(c)either—

(i)the amount which he proposes to pay to each authority or the manner in which the amount is to be calculated; or

(ii)the total amount which he proposes to distribute among the authorities and the basis upon which he proposes to distribute that amount.

(4)A determination under subsection (2) or (3) above shall be made with the consent of the Treasury and shall be specified in a report (to be called a special grant report) which shall contain such explanation of the main features of the determination as the Secretary of State considers to be desirable.

(5)A special grant report shall be laid before the House of Commons and, as soon as is reasonably practicable thereafter, the Secretary of State shall send a copy of it to any authority to which he proposes to make a special grant in accordance with the determination.

(6)No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the House of Commons.

(7)A special grant report may specify conditions which the Secretary of State may with the consent of the Treasury impose on the payment of, or of any instalment of, any special grant to which the report relates; and the conditions may—

(a)require the provision of returns or other information before a payment is made to the authority concerned; or

(b)relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid.

(8)Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Secretary of State may, with the consent of the Treasury, determine.”.

Marginal Citations

168 Direct Labour Organisation/ Direct Services Organisation Accounts.S

(1)After section 15 of the 1975 Act there shall be inserted the following section—

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

(1)A local authority may establish, in accordance with the provisions of this section, Direct Labour Organisation/Direct Services Organisation Funds (to be known as “DLO/DSO funds”) for the purpose of dealing with surpluses and deficits which may occur in respect of—

(a)any revenue account kept by the authority under section 10(1) (accounts relating to construction or maintenance work) of the M66Local Government, Planning and Land Act 1980; or

(b)any account kept by the authority under section 9(2) (accounts) of the M67Local Government Act 1988.

(2)Any interest earned on money transferred to a reserve fund established under subsection (1) above may be credited to that fund.

(3)Any surplus credited to a fund established under subsection (1) above and which is, in the opinion of the authority, not required for the purpose of dealing with deficits in any such fund, may be transferred by them to the general fund maintained by them under section 93 of the Act of 1973 (general fund).

(4)This section is without prejudice to any specific limitation imposed by or under any enactment as to the manner in which money may be paid into or out of any specific account.”.

(2)Paragraphs 22(1)(c) and 24A of Schedule 3 to the 1975 Act shall cease to have effect.

Marginal Citations

169 Statements of support services costs.S

(1)The Secretary of State may by regulations require any authority defined for the purposes of section 1(1) of the Local Government Act 1988 (“the 1988 Act”) to publish a statement, to be known as a statement of support services costs (hereinafter referred to as a “statement”), of the cost to the authority of each of the activities to which this section applies.

(2)This section applies to—

(a)any activity which is a defined activity within the meaning of section 2(2) of the 1988 Act;

(b)any other prescribed activity.

(3)A statement shall—

(a)show the cost to the authority of the activity to which it applies, whether or not that activity, or any part of it, is carried out by employees of the authority; and

(b)show how that cost is allocated amongst the public services provided by the authority.

(4)A statement shall—

(a)be in such form;

(b)be published on or by reference to such date;

(c)contain such information:

(d)be made available for inspection by the public in such manner; and

(e)be supplied to the public on such terms as to payment,

as may be prescribed, and different provision may be made in relation to the matters mentioned above in relation to different authorities.

(5)Such of the information contained in the statement as may be prescribed shall be included within the annual abstract of accounts (or any equivalent to such an abstract) produced by an authority.

(6)For the purposes of this section the cost of any activity shall be calculated in such manner and by reference to such factors as may be prescribed.

(7)In this section—

(8)Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

ResourcesS

170 Effective use of resources.S

After section 122 of the 1973 Act there shall be inserted the following section—

“122A Duty of local authority to use resources efficiently.

It shall be duty of each local authority to make proper arrangements for securing economy, efficiency and effectiveness in their use of resources.”.

Economic developmentS

171 Functions to include promotion of economic development.S

After section 171 of the 1973 Act there shall be inserted—

“Part XVIIIAS Economic Development
171A Functions to include promotion of economic development.

(1)Subject to section 171B of this Act, the functions of a local authority shall include the taking of such steps as they may from time to time consider appropriate for promoting the economic development of their area.

(2)Subject to the said section 171B, and without prejudice to any other provision made by or under this Act, those steps may include participation in and the encouragement of, and provision of financial and other assistance for—

(a)the setting up or expansion of any commercial, industrial or public undertaking—

(i)which is to be or is situated in the authority’s area; or

(ii)the setting up or expansion of which appears likely to increase the opportunities for employment of persons living in that area; and

(b)the creation or protection of opportunities for employment with any such undertaking or with any commercial, industrial or public undertaking, opportunities for employment with which have been or appear likely to be made available to persons living in that area.

(3)For the purposes of this section, the cases in which a local authority shall be treated as providing financial assistance to any person shall include the cases where they do or agree to do any of the following, that is to say—

(a)make a grant to that person;

(b)make a loan to that person or provide him with any further form of credit;

(c)guarantee the performance of any of that person’s obligations;

(d)indemnify that person in respect of any liability, loss or damage;

(e)invest in that person’s undertaking, in the case of a body corporate, by acquiring share or loan capital in that body or otherwise;

(f)provide that person with any property, services or other financial benefit (including the remission in whole or in part of any liability or obligation) for no consideration or for a consideration which is less than the best that could reasonably be obtained;

(g)join with any other person in doing anything falling within paragraphs (a) to (f) above.

(4)The power conferred on a local authority under subsection (1) above includes power for such authority to engage in activities outside their area for the purpose of promoting the economic development of their area.

(5)Where, in any financial year, a local authority propose to engage in activities such as are mentioned in subsection (4) above outside the United Kingdom, they shall, before the beginning of that financial year—

(a)prepare a document setting out their proposals for engagement in such activities; and

(b)submit that document to the Secretary of State for approval.

(6)Where the Secretary of State approves the proposals set out in any document submitted under subsection (5) above, he may make his approval subject to such conditions as he considers necessary or expedient.

(7)At any time during the financial year to which a document such as is mentioned in subsection (5) above relates—

(a)a local authority may submit to the Secretary of State amendments of the proposals contained in that document; and

(b)subsection (6) above shall apply in relation to those amendments as it applies in relation to proposals submitted in pursuance of subsection (5) above.

(8)The exercise by a local authority of any of their powers under this section shall be subject to the provisions of section 90 of this Act.

171B Restrictions on promotion of economic development.

(1)The powers of a local authority by virtue of section 171A above, and their powers by virtue of any of the other provisions of this or any other enactment, shall not include power, for the promotion of the economic development of their area, to take any such steps as may be specified or described for the purposes of this section in regulations made by the Secretary of State.

(2)Without prejudice to the generality of subsection (1) above, the Secretary of State may by regulations impose such conditions (including conditions requiring consultation by the local authority of such persons as may be prescribed), and such other restrictions, as may be specified in or determined under the regulations on the exercise, for the purpose of promoting the economic development of their area, of any power of a local authority by virtue of the said section 171A or any other enactment.

(3)The Secretary of State may by order impose such a financial limit as may be specified in or determined under the order on expenditure which—

(a)is, or is of a description, so specified or determined; and

(b)is, by virtue of section 171A above or a provision of this or any other enactment, incurred in any financial year for the purpose of promoting the economic development of their area by a local authority so specified or determined.

(4)A statutory instrument containing regulations under subsection (1) or (2) above or an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Regulations under subsection (1) or (2) above may contain such incidental provision and such supplemental, consequential and transitional provision in connection with their other provisions as the Secretary of State considers appropriate.

171C Exercise of certain powers to be subject to provisions of sections 171A and 171B.

The exercise by a local authority of any power which they have—

(a)under section 7 of the M68Local Government (Development and Finance) (Scotland) Act 1964 (power to make advances for erection of buildings);

(b)under section 102 (power to acquire compulsorily certain land) or 109 (power to acquire certain land by agreement) of the M69Town and Country Planning (Scotland) Act 1972; or

(c)under section 70, 74 or 78 of this Act,

is subject to the provisions of sections 171A and 171B of this Act.”.

Commencement Information

I7S. 171 wholly in force at 1.4.1996; s. 171 not in force at Royal Assent see s. 184(2); s. 171 in force for certain purposes at 30.10.1995 and in force at 1.4.1996 insofar as not already in force by S.I. 1995/2866, arts. 2(f), 3(a)

Marginal Citations

TourismS

172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

176 Powers to carry on tourism-related activities.S

For section 90 of the 1973 Act there shall be substituted the following section—

“90 Powers of local authority to carry on tourism-related activities.

(1)A local authority may—

(a)provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes;

(b)promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise);

(c)organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions;

(d)participate in the area tourist board whose area includes the area of that authority.

(2)Subject to subsection (3) below, a local authority shall not have power to—

(a)encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)—

(i)to visit their area for purposes relating to leisure; or

(ii)to hold conferences, trade fairs or exhibitions within their area;

(b)provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area;

(c)carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify.

(3)A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above—

(a)in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or

(b)where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing.

(4)A local authority shall not, for the purposes of carrying on activities relating to tourism other than—

(a)those such as are mentioned in paragraphs (a) to (d) of subsection (1) above; or

(b)by virtue of subsection (3) above, those such as are mentioned in subsection (2) above,

form, acquire or join with any person or body corporate.

(5)Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person—

(a)doing anything mentioned in paragraph (a) of that subsection; or

(b)organising and holding a conference, trade fair or exhibition.

(6)A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following modifications—

(a)references to “another local authority” shall be construed as if they were references to an area tourist board; and

(b)in subsection (2), the words from “but” to the end shall be omitted.

(7)A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section—

(a)“area tourist board” means a board established by virtue of an order made or, as the case may be, approved under section 172, 173 or 174 of the Local Government etc. (Scotland) Act 1994;

(b)“participate” means participation in any one or more of the following ways—

(i)a local authority or any person representative of a local authority being a member of the area tourist board whose area includes the area of that authority;

(ii)provision by a local authority to such a board of financial assistance for the purposes of the board’s carrying out activities relating to tourism;

(iii)provision by a local authority to such a board of staff; and

(c)section 171A(3) of this Act shall apply to this section with the substitution for any references to a person of references to an area tourist board.”.

Part VS General and Supplementary

GeneralS

177 Parliamentary disqualification.S

(1)Schedule 1 to the M70House of Commons Disqualification Act 1975 shall be amended as mentioned in subsections (2) and (3) below.

(2)In Part II (bodies of which all members are disqualified for membership of the House of Commons), there shall be inserted at the appropriate places the following entries—

“The East of Scotland Water Authority.

; ”

“The North of Scotland Water Authority.

; ”

“The Scottish Children’s Reporter Administration.

; ”

F120“. . .

; and ”

“The West of Scotland Water Authority.”.

(3)In Part III (other disqualifying offices) there shall be inserted at the appropriate places the following entries—

“Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994.

; ”

“Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration.

; and ”

“Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.”.

Textual Amendments

Commencement Information

I8S. 177 wholly in force at 30.10.1995; s. 177 not in force at Royal Assent see s. 184(2); s. 177(1)(3) in force for specified purposes at 8.11.1994 by S.I. 1994/2850, art. 2, Sch. 1; s. 177(1)(2) in force for further specified purposes at 6.4.1995 by S.I. 1995/702, art. 4(1), Sch. 2; s. 177(1)(2) in force for further specified purposes at 17.7.1995 by S.I. 1995/1898, art. 2(b); s. 177 in force at 30.10.1995 insofar as not already in force by S.I. 1995/2866, art. 2(g)

Marginal Citations

178 Financial provisions.S

(1)There shall be paid out of money provided by Parliament—

(a)any expenses of the Secretary of State incurred in consequence of the provisions (other than section 84(5)) of this Act; and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

(2)There shall be paid out of the National Loans Fund any sums issued to the Secretary of State under section 84(5) of this Act.

(3)There shall be paid into—

(a)the National Loans Fund any sums paid to the Secretary of State under section 84(5) of this Act; and

(b)the Consolidated Fund any sums paid to the Secretary of State in consequence of any other provision of this Act.

179 Savings.S

(1)The repeal by this Act of—

(a)sections 65, 66 and 67;

(b)the words from “; and section 65” to the end in section 76H(8); and

(c)the words “, save in sections 64 to 67,” in the definition of “owner” in section 109(1),

of the 1980 Act, shall not affect the operation of the said sections 65, 66 and 67 as respects—

(i)any charging order made before 1st April 1996 under subsection (1) or (3) of section 65 (including any charging order so made by virtue of the said section 76H(8));

(ii)any order made before that date under subsection (2) of section 66; or

(iii)any right conferred by those sections to recover expenditure provided that the expenditure was incurred before that date.

(2)The repeal by this Act of the said section 65 shall not affect that section’s application, under subsection (4) of section 75 of the Agricultural Holdings (Scotland) Act 1991, to such charging orders as are mentioned in subsection (2) or (3) of the said section 75.

(3)The repeal by this Act—

(a)of section 47 of the 1968 Act shall not affect the operation of that section as respects—

(i)any charging order made before 1st April 1996 under subsection (1) of that section; or

(ii)any right conferred by that section to recover expenditure provided that the expenditure was incurred before that date;

(b)of the said sections 65, 66 and 67 shall not affect those sections’ application, under subsection (2) or (3) of the said section 47, to such charging orders as are mentioned in sub-paragraph (i) of paragraph (a) above or, as the case may be, for the purpose of the right of recovery mentioned in sub-paragraph (ii) of that paragraph.

(4)Without prejudice to subsection (4) of section 72 of the 1980 Act (certain byelaws to cease to have effect at expiration of a specific period unless extended), or to that subsection as it applies by virtue of section 63(10) of the M71Countryside (Scotland) Act 1967 (byelaws as respects recreational use of waterway or land), a byelaw made by the Board or by any other transferor as water authority, or having effect, immediately before the transfer date, as if so made by virtue of section 73(3) of the 1980 Act (power of Secretary of State to require making of byelaws), shall on and after that date have effect, though only within the area in which it had effect immediately before that date, as if made by the transferee as water authority, with any reference in the byelaws to the transferor being construed, in so far as the context admits, as a reference to the transferee.

(5)In subsection (4) above, “transferor” and “transferee” mean the transferor and transferee in a transfer scheme; and for the purposes of that subsection the transferee where the transferor is the Board shall be taken to be the East of Scotland Water Authority only.

(6)Section 125 of this Act applies for the interpretation of subsections (1) to (5) above as that section applies for the interpretation of Part II of this Act.

Marginal Citations

SupplementaryS

180 Minor and consequential amendments and repealsS

(1)Schedule 13 to this Act, which contains minor amendments and amendments consequential upon the provisions of this act, shall have effect.

(2)The enactments mentioned in Schedule 14 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I9S. 180 partly in force; s. 180 not in force at Royal Assent see s. 184(2); s. 180 in force for specified purposes at 4.1.1995 by S.I. 1994/2850, art. 3(b)-(d); s. 180 and s. 180(2) in force for further specified purposes at 31.12.1994, 4.1.1995, 1.4.1995 by S.I. 1994/3150, arts. 2(b), 3(d), 4(b) respectively; s. 180 in force for further specified purposes at 1.4.1995 by S.I. 1995/702, art. 3(c); s. 180 in force for further specified purposes at 6.4.1995 by S.I. 1995/702, art. 4(1), Sch. 2; s. 180 in force for further specfied purposes at 17.7.1995 by S.I. 1995/1898, art. 2(c), Sch.; s. 180(1) in force for further specified purposes at 22.12.1995 and 1.4.1996 by S.I. 1995/3326, arts. 2(a), 3(a), Sch.; s. 180 in force for further specified purposes at 19.2.1996, 31.3.1996 and 1.4.1996 by S.I. 1996/323, arts. 2(1)(b), 3(a), 4(1)(b) respectively

181 Consequential and supplementary provisionsS

(1)The Secretary of State may at any time, whether before or after 1st April 1996 by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient—

(a)for the gereral or any paricular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or

(b)in consequence of such of the provisions of this Act or of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act,

and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2)An order under this section may—

(a)make provision in the case ofany body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in such an order shall be inconsistsent with any provision of this Act;

(b)in relation to the period prior to 1st April 1996, and subject to such modifications as the Secretary of State thinks necessary or expedient, apply to the new authorities any enactment relating to a local authority in Scotland;

(c)apply, with or without modifications or amend, repeal or revoke (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996; or

(d)make savings, or additional savings, from the effect of any repeal made by this Act.

(3)Subject to subsection (6) below, anything done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions shall, as from 1st April 1996, be treated as having been done by , to or in relation to the new authority by whom those functions become exercisable on and after that date by virtue of this Act; and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new authority by whom those functions become exercisable.

(4)Without prejustice to the generality of subsection (3) above, the things to which it refers include—

(a)any agreement, instrument, decision, designation, determination, declaration or order made or treated as having been made by an existing local authority;

(b)any notice or direction given or treated as given by or to such an authority;

(c)any licence, certificate, permission, consent, approval, refusal, exemption, dispensation or relaxation granted or treated as granted by or to such an authority;

(d)any application, request,proposal or objection made or treated as made by or to such an autority;

(e)any fee paid to or by such an authority;

(f)any condition or requirement imposed or treated as imposed by or on such an authority;

(g)any proceedings instituted by or against any such authority; or

(h)any appeal allowed by or in favour of or against such an authority.

(5)If there is any doubt as to the indentity of the new authority to whom any particular functions are so transferred, that authority shall be taken to be such as may be specified in a direction given by the Secretary of State.

(6)Subsection (3) above is without prejudice to any express provision made by, or by any intrument or transfer scheme made under, this Act but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State.

(7)Section 25 of the 1973 Act (transitional agreements as to property and finance) shall apply for the purposes of Parts I and V of this Act as if any reference to an order under Part II of that Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under Part of this Act, but any agreement made by virtue of this subsection may only be made by new authorities and after 31st March 1996.

(8)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament

(9)In this section—

“existing local authority” includes a joint committee and a joint board and a reporter appointed under section 36(1) of the M72 Social Work (Scotland) Act 1968;

“joint committee”and “joint board” have the meanings given by sectio 235(1) of the 1973 Act; and

“new authority”means—

(a)any of the authorities constituted under section 2 of this Act;

(b)a joint committee and a joint board;

(c)a residuary body;

(d)the Strathclyde Passenger Transport Authority;

(e)a new water and sewerage authority within the meaning of Part II of this Act;

(f)the Principal Reporter; and

(g)the Scottish Children’s Reporter Administrations

Commencement Information

I10S. 181 wholly in force at 6.4.1995; s. 181 not in force at Royal Assent see s. 184(2); s. 181(1)(2)(8)(9) in force at 8.11.1994 by S.I. 1994/2850, art. 2, Sch. 1; s. 181 in force at 6.4.1995 insofar as not already in force by S.I. 1995/702, art. 4(1), Sch. 2

Marginal Citations

182 Further transitional provisions.S

(1)Until 1st April 1996—

(a)section 70 of the 1973 Act (acuisition of land by agreement) shall have effect as if, in subsection (1), after paragraph (b) there were inserted “:, or

(c)there being provided by some person other than themselves a systsem, to which the public shall have acess, of drains, sewers or sewage treatment works,”,;

(b)section 71 of the 1973 Act (acquisition of land compulsorily) shall have effect as if, in subsection (1), after “enactment” there were inserted “or of there being provided by some person other than themselves a system, to which the public shall have access, of drains, sewers or sewage treatment works”; and

(c)section 15 of the M73 Water (Scotland) Act 1980 (power to acquire land) shall have effect as if, at the end of each of subsections (1) and (3), there were added “or for the purpose of there being provided by some person other than themselves a supply of water to the public”.

(2)If the Secretary of State provides, by order under section 184(2) of this Act, that any provision of Part II of (or of Schedule 13 to) this Act which—

(a)amends section 1, 16, 21(1), 22, 23, or 48 of the M74 Sewerage (Scotland) Act 1968 or section 32 of the M75 Control of Pollution Act 1974; or

(b)adds to the said Act of 1968 a new section 3A or 16A or to section 20 of that Act a new subsection (5),

shall come into force before 1st April 1996, he may provide in the order that the section amended, or as the case may be the section or subsection added, shall until that date apply as if modified in such manner as he shall specify in the order; the modifications being such as appear to him to be requisite having regard of the fact that some other provision of that Part (or that Schedule) is not for the time being in effect.

Subordinate Legislation Made

P1S. 182(2) power exercised (7.11.1994): different dates appointed for specified provisions by S.I. 1994/2850

Marginal Citations

183 Interpretation and amendment of statutory referencesS

(1)In this Act, unless the context other wise requires—

“residuary body” shall be construed in accordance with section 18 of this Act;

“the Valuation Acts” means the M76 Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation;

“the 1973 Act” means the M77 Local Government (Scotland) Act 1973; and

“the 1975 Act” means the M78 Local Government (Scotland) Act1975.

(2)Subject to section 59 of this Act and to any particular amendment of any enactment made by or under this Act—

(a)any reference in any enactment to a local authority within the meaning of the 1973 Act (whether expressed as a reference to such an authority, or to a regional, islands or district council, or otherwise); or

(b)any reference in any enacatment to a local auathority within the meaning of the M79 Local Government (Scotland ) Act 1947 (“the 1947 Act”) which, by virtue of paragraph 1(2) of Schedule 27 to the 1973 Act, falls to be construed as a reference to a local authority within the meaning of the 1973 Act,

shall be construed as a reference to a council constituted under section 2 of this Act.

(3)For the purpose of translating any reference, however expressed, in any enactment to a local authority within the meaning of either the 1973 Act or the 1947 Act to a reference to a council constituted under section 2 of this Act, the Secretary of State may by order made by statutory instrument make such amendments to any such enactment as he considers necessary or expedient

(4)Subject to any particular amendment of any enactment made by this Act, any reference in any enactment to—

(a)the director of education shall in relation to any purpose be construed as a reference to the officer appointed by a local authority for that purpose;

(b)the director of secial work shall be construed as a reference to the chief social work officer.

(5)Any reference in any enactment, other than the M80 Social Work (Scotland) Act 1968 or the M81 Criminal Procedure (Scotland ) Act 1975 (in respect of which Acts particular provision is made in Schedule 13 to this Act), to a reporter appointed under section 36(1) of the former Act shall be construed as a reference to the Principal Reporter

(6)In this section “enactment” means any enactment or instrument made under an enactment, whether passed or made before or after the coming into force of this section; but does not include this Act or any instrument made under this Act.

Commencement Information

I11S. 183 wholly in force at 1.4.1996; s. 183 not in force at Royal Assent see s. 184(2); s. 183(1) in force at 8.11.1994 by S.I. 1994/2850, art. 2, Sch. 1; s. 183(3)(6) in force at 6.4.1995 by S.I. 1995/702, art. 4(1), Sch. 2; s. 183(2)(4)(5) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(a), Sch. 1

Marginal Citations

184 Short title, commencement and extentS

(1)This Act may be cited as the Local Government etc. (Scotland) Act 1994

(2)This Act, except section 163, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.

(3)An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.

(4)This Act shall extend to Scotland only.

Subordinate Legislation Made

P2S. 184 power partly exercised (7.12.1994): different dates appointed for specified provisions by S.I. 1994/3150

S. 184 power partly exercised (8.3.1995): different dates appointed for specified provisions by S.I. 1995/702

P3S. 184(2) power partly exercised (7.11.1994): different dates appointed for specified provisions by S.I. 1994/2850

S. 184(2) power partly exercised (14.7.1995): 17.7.1995 appointed by S.I. 1995/1898

S. 184(2) power partly exercised (25.10.1995): different dates appointed for specified provisions by S.I. 1995/2866

S. 184(2) power partly exercised (6.10.1998): 30.6.1999 appointed by S.I. 1998/2532

P4S. 184(2)(3) power partly exercised (15.12.1995): different dates appointed for specified provisions by S.I. 1995/3326

S. 184(2)(3) power partly exercised (9.2.1996): different dates appointed for specified provisions by S.I. 1996/323

Section 1(2) and (4).

SCHEDULE 1S New Local Government Areas

Part IS

New areasS

New local government areasComprising area of
City of Aberdeen.Aberdeen District Council.
Aberdeenshire.Banff and Buchan District Council; Gordon District Council; Kincardine and Deeside District Council.
Angus.Angus District Council; Tayside electoral divisions 30 (Monifieth) and 31 (Sidlaw) (except first, polling district PDB; secondly, that part of polling district PDC lying to the east and south of a line commencing at the junction of unnamed roads at grid reference NO 3297 3106; then running northwest to the crossroads at Mains of Fowlis at grid reference NO 3247 3239; then running northeastward along the unnamed road between Mains of Fowlis and Liff to the western curtilage of the property known as Cater-Milly at grid reference NO 3300 3276; then running southward and eastward along the western and southern curtilages of the said property to the field boundary at grid reference NO 3308 3259; then continuing southeastward along the said field boundary and across the Liff Burn to the eastern perimeter of the woodland known as Gray Den at grid reference NO 3332 3239; then running north and east along the path running along the said eastern perimeter of Gray Den to its junction with the unnamed track between Liff and Mains of Gray at grid reference NO 3336 3273; then running north to the junction of the said track and the southern curtilage of the property known as Gray Cottage; then running northeastward along the southern curtilages of Gray Cottage, Learsmonth House, Woodend Cottages and No. 31 Church Road to the southern edge of Church Road where it runs between Liff and the Royal Dundee Liff Hospital then running eastward along the continuation of the said road past the northern perimeter of the said Hospital to the road junction at grid reference NO 3537 3276; thirdly, that part of polling district ADA lying to the east and south of a line commencing at a point on the A923 road at grid reference NO 3560 3378; then running north along the eastern curtilage of No 100 Coupar Angus Road and northwestwards along the northern curtilages of Nos 100 to 122 Coupar Angus Road to the eastern perimeter of Blairfield Road; then northwards along the said eastern perimeter to the field boundary at grid reference NO 3533 3436; then northeastwards along the said field boundary to its junction with Templeton Road at grid reference NO 3577 3455; fourthly, that part of polling district ADC lying to the east and south of a line commencing at grid reference NO 3660 3474 then running northward to the northwest corner of Baldragon Wood at grid reference NO 3658 3496; then running eastward along the northern perimeter of the said wood and continuing along the field boundary to grid reference NO 3725 3491; fifthly, those parts of polling districts ADE and ADF lying to the east and south of a line commencing on the southern boundary of polling district ADE on the A90 road at grid reference NO 4166 3458; then running northwards along the said A90 road to its intersection with Emmock Road at grid reference NO 4180 3508 then running southeastwards along the said Emmock Road to its junction with the unnamed road leading to South Powrie and Barns of Wedderburn then eastwards along the said unnamed road as far as the northwestern curtilage of Barns of Wedderburn at grid reference NO 4347 3469; then running southwestwards and southeastwards along the northwestern and southwestern perimeter of the said property to the point where it meets the unnamed road leading to Fintry at grid reference NO 4347 3458; then running southwestwards along the said unnamed road to the road junction at grid reference NO 4345 3452; and sixthly, those parts of polling districts EDN, EDQ, PDA, WED, WEE, WEF and WEG lying within its boundary).
Argyll and Bute.Argyll and Bute District Council; Strathclyde electoral division 7 (Helensburgh) and, in Strathclyde electoral division 8 (Vale of Leven), polling district DB77 and that part of polling district DB78 lying north of a line commencing at grid reference NS 3464 8256; then running northeastwards to the field corner at grid reference NS 3469 8264; then southeastwards to the field junction at grid reference NS 3608 8198; then northeastwards to the field junction at grid reference NS 3658 8242; then northwestwards to the junction of the field boundary and an unnamed burn at grid reference NS 3613 8269; then generally northeastwards along the course of the said burn to where it meets Loch Lomond at grid reference NS 3743 8336; then due northeastwards from that point to the eastern boundary of the said polling district in Loch Lomond.
East Ayrshire.Kilmarnock and Loudoun District Council and Cumnock and Doon Valley District Council.
North Ayrshire.Cunninghame District Council.
South Ayrshire.Kyle and Carrick District Council.
The Borders.Borders Regional Council.
Clackmannan.Clackmannan District Council.
Dumbarton and Clydebank.Clydebank District Council; Strathclyde electoral divisions 6 (Dumbarton) and 8 (Vale of Leven) (except the areas of the said electoral division 8 included in Argyll and Bute).
Dumfries and Galloway.Dumfries and Galloway Regional Council.
East Dunbartonshire.Bearsden and Milngavie District Council; Strathclyde electoral divisions 43 (Kirkintilloch), 44 (Strathkelvin North), 45 (Bishopbriggs) and the South Lenzie/Waterside district ward in Strathclyde electoral division 46 (Chryston).
City of Dundee.City of Dundee District Council (except Tayside electoral division 30 (Monifieth) and those parts of 31 (Sidlaw) which are in Angus or Perthshire and Kinross).
City of Edinburgh.City of Edinburgh District Council.
Falkirk.Falkirk District Council.
Fife.Fife Regional Council.
City of Glasgow.City of Glasgow District Council except Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King’s Park\Toryglen), polling districts RU03, RU04, RU09 and RU18.
Highland.Highland Regional Council.
Inverclyde.Inverclyde District Council.
North Lanarkshire.Cumbernauld and Kilsyth, Motherwell and Monklands District Councils; Strathclyde electoral division 46 (Chryston) (except South Lenzie/Waterside district ward).
South Lanarkshire.Clydesdale, Hamilton and East Kilbride District Councils; Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King’s Park/Toryglen), polling districts RU03, RU04, RU09 and RU18.
East Lothian.East Lothian District Council.
Midlothian.Midlothian District Council.
West Lothian.West Lothian District Council.
Moray.Moray District Council.
Orkney Islands.Orkney Islands Council.
Perthshire and Kinross.Perth and Kinross District Council and, in Tayside electoral division 31 (Sidlaw), polling district PDB and that part of polling district PDA lying to the south of a line commencing at a point adjacent to Starr Inn Farm at grid reference NO 3309 3051 on the A90 road; then running eastward along the said road to the junction at grid reference NO 3462 3079.
East Renfrewshire.Eastwood District Council; Strathclyde electoral division 79 (Barrhead).
Renfrewshire.Renfrew District Council (except Strathclyde electoral division 79 (Barrhead)).
Shetland Islands.Shetland Islands Council.
Stirling.Stirling District Council.
Western Isles.Western Isles Islands Council.

Part IIS

Provisions as to boundariesS

1SThe boundaries of the new local government areas shall be mered by Ordnance Survey.

2SIn this Schedule—

Section 7(1).

SCHEDULE 2S Establishment of New Local Authorities

First elections of councillorsS

1(1)For the purpose of any election of councillors held before the relevant year of election, every local government area shall be divided into such electoral wards as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultation as he considers appropriate.S

(2)In this paragraph “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area occurring after the making of an order constituting the new electoral wards of that local government area in consequence of a review under Schedule 5 to the 1973 Act.

(3)A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State may consider to be appropriate.

2(1)Notwithstanding the provisions of section 41(1) (returning officer to be an officer of the council) of the M82Representation of the People Act 1983 (“the 1983 Act”), at the elections of councillors to be held on 6th April 1995, the returning officer shall be an officer appointed by such regional or district council as the Secretary of State may direct.S

(2)Section 42(5) (expenses of election) of the 1983 Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, failing such agreement, by such of them, and in such proportions, as may be determined by the Secretary of State.

(3)In this paragraph “existing authorities” means the authorities all or part of whose area is included in the area of the new authority whose council is being elected.

Marginal Citations

Qualification for membershipS

3SFor the purposes of section 29 of the 1973 Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.

First meetings of new councilsS

4(1)The first meeting of each new council shall be held within twenty-one days immediately following the day of election.S

(2)The first meeting shall be convened by a person designated for that purpose by the Secretary of State, and shall be held at such place as that person may appoint.

(3)The notice of the meeting required by paragraph 2(1) of Schedule 7 to the 1973 Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.

5(1)Until the completion of the election of a convener at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the convener of the council, but the person so acting as convener shall not be entitled to vote unless he is a councillor for the new area.S

(2)At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting.

(3)The standing orders for the regulation of the proceedings and business of an existing authority, designated by the Secretary of State, shall apply at the first meeting of a new council.

Suspension of electionsS

6SNo election of councillors of an existing local authority shall be held on or after 16th November 1994, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 37(1) of the 1973 Act before 16th November 1994; and on and after that date any such casual vacancy shall be filled by the authority themselves electing a person to fill that vacancy.

Election of convener and depute convener after 1st April 1996S

7(1)The term of office of the convener and any depute convener elected to a council following the ordinary election on 6th April 1995 shall terminate on the day of the first meeting of the council held on or after 1st April 1996.S

(2)At that meeting the election of a convener shall be the first business.

(3)The retiring convener shall be eligible for re-election, but shall in any event preside until a convener has been elected.

Section 18(10).

SCHEDULE 3S Residuary Bodies

IncorporationS

1SA residuary body shall—

(a)be a body corporate; and

(b)have a common seal.

StatusS

2SA residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.

MembershipS

3(1)Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment.S

(2)A residuary body shall consist of not less than three and not more than seven members appointed by the Secretary of State; and the Secretary of State shall appoint one of those members to be chairman and may appoint another to be deputy chairman of that body.

(3)The Secretary of State may by order alter either of the numbers specified in sub-paragraph (2) above.

(4)Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such.

(5)The Secretary of State may remove a member from office if satisfied that the member—

(a)has had his estate sequestrated, has made any arrangement with his creditors, has been adjudged bankrupt or has granted a trust deed or a composition contract for his creditors;

(b)is incapacitated by physical or mental illness;

(c)has been absent from meetings of the body for a period of three months otherwise than for a reason approved by the body; or

(d)is in the opinion of the Secretary of State otherwise unable or unfit to discharge the functions of a member.

(6)If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman.

(7)An order under this paragraph shall be made by statutory instrument subject to annulment by resolution of either House of Parliament.

4SThe Secretary of State shall satisfy himself—

(a)before he appoints a person under paragraph 3(2) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the residuary body in question;

(b)from time to time, that each person so appointed continues, and has continued, to have no such interest.

5SA person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement.

Remuneration etc. of membersS

6(1)A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may with the consent of the Treasury determine.S

(2)As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may with the consent of the Treasury determine.

(3)Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may with the consent of the Treasury determine.

(4)Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and such scheme shall have effect subject to any provision made under this sub-paragraph.

StaffS

7SA residuary body may appoint, on such terms and conditions as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine such employees as they think fit.

8(1)A residuary body shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine—S

(a)pay such pensions, allowances or gratuities to or in respect of those employees;

(b)make such payments towards provision of such pensions, allowances or gratuities; or

(c)provide and maintain such schemes (whether contributory or not) for the payment of such pensions allowances or gratuities,

as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(2)The reference in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of a residuary body includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.

ProceedingsS

9(1)A member of a residuary body who is directly or indirectly interested in—S

(a)a contract made or proposed to be made by them; or

(b)any other matter whatsoever which falls to be considered by them,

shall as soon as is practicable disclose the nature of his interest at a meeting of the body; and the disclosure shall be recorded in the minutes of the meeting.

(2)In the case mentioned in—

(a)head (a) of sub-paragraph (1) above, the member shall not take part in any deliberation or decision of the body with respect to the contract;

(b)head (b) of that sub-paragraph, the member shall not take part in any deliberation or decision of the body with respect to the matter if the body decide that the interest in question might affect prejudicially his consideration of the matter.

(3)For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the residuary body be a sufficient disclosure of the person’s interest to the body.

(4)For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting.

10(1)A residuary body shall regulate its own proceedings.S

(2)The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members, or by any failure to comply with any requirement of paragraph 9 above.

F12111S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

DelegationS

12(1)Anything authorised or required by or under any enactment to be done by a residuary body may be done by any committee formed by them which, or by any of its members or officers who, is authorised (generally or specifically) for the purpose by the body.S

(2)Nothing in sub-paragraph (1) above shall prevent a residuary body from doing anything that a committee, member or officer has been authorised to do.

Acquisition and disposal of landS

13(1)A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions.S

(2)A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions.

Borrowing and lendingS

14SA residuary body may, subject to any directions by the Secretary of State, borrow and lend money for the purpose of carrying out any of their functions.

Provision of servicesS

15(1)A residuary body may by agreement with any relevant new authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services.S

(2)In this paragraph “relevant new authority”, in relation to a residuary body, means a new authority exercising functions in the area for which that body is established.

Provision of information by councilsS

16SA local authority shall, on request, supply a residuary body with such information as the body may reasonably require from that authority for the purpose of carrying out their functions.

Reports and informationS

17(1)A residuary body shall publish an annual report on the discharge of its functions.S

(2)A residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament.

(3)A residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require.

Supervision by Commissioner for Local Administration in ScotlandS

18SA residuary body established under this Act shall be included among the authorities to which Part II of the 1975 Act applies.

F122SCHEDULE 4S

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

Textual Amendments

F122Sch. 4 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Section 40(10).

SCHEDULE 5S Strathclyde Passenger Transport Authority

Part IS

The AuthorityS

1SIn this Schedule “council” means a council constituted under section 2 of this Act.

2SThe Authority shall consist of such number of members appointed respectively by such of the councils of constituent local authority areas, or by such two or more of the councils acting jointly, from among their own members as may be specified in an order made under section 40 of this Act.

3SThe chairman of the Authority shall be such one of their number as the members of the Authority may appoint.

4SA person may be appointed as a member of the Authority under paragraph 2 above only if he is a member of the council or one of the councils by whom he is so appointed; and no person who is for the time being a member, officer or employee of the Strathclyde Passenger Transport Executive or who is for the time being an employee of a subsidiary of that Executive shall be appointed as a member of the Authority, and any person appointed to be a member of the Authority who subsequently becomes a member, officer or employee of that Executive or such a subsidiary shall forthwith vacate his membership of the Authority.

5SA person who at the date of his appointment as a member of the Authority was a member of the council or one of the councils by whom he was so appointed but who subsequently ceases to be a member of that council shall upon so ceasing also vacate office as a member of the Authority.

6SIf at any time not less than three months after the coming into force of the order under section 40 of this Act providing for the constitution of the Authority, or after a vacancy has arisen among the members of the Authority which falls to be filled by an appointment made under paragraph 2 above, the initial appointment of any member of the Authority falling to be made under that order or, as the case may be, an appointment to fill that vacancy, has not been made, the Secretary of State, after consultation with the council or councils by whom the appointment falls to be made, may make the appointment on their behalf.

Part IIS

Matters which may be dealt with by order under section 40S

1SThe incorporation of the Authority.

2SThe appointment in accordance with Part I of this Schedule of members of the Authority.

3SThe terms on which and period for which the members of the Authority are to hold office, and the vacation of office by those members.

4SThe payment of allowances to, or to any class of, members of the Authority, and the payment of remuneration to the chairman of the Authority.

5SThe proceedings of the Authority.

6SThe establishment by the Authority of committees and the composition of those committees, including the establishment of advisory committees consisting wholly or partly of persons who are not members of the Authority.

7SThe delegation of functions by the Authority to a committee [F123, to the chairman or to an officer or member of staff] of the Authority.

Textual Amendments

F123Words in Sch. 5 Pt. II para. 7 substituted (1.4.2003) by virtue of the Local Government in Scotland Act 2003 (asp 1), ss. 48, 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F1248S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

9SThe appointment by the Authority of officers and staff and the payment of remuneration and allowances to any officers and staff appointed by the Authority.

10SProvision as to the superannuation of officers and staff of the Authority.

11SThe provision of accommodation for the Authority by the Authority or by the Strathclyde Passenger Transport Executive.

12SProvision applying, with or without modifications, to the Authority or to persons who are or have been members or officers of the Authority any enactment or instrument made under an enactment relating, as the case may be, to, or to persons who are or have been members of, or officers of local authorities or local authorities of a particular description.

13SThe making of reports and the furnishing of information by the Authority to the Secretary of State.

14SAny particular matters to be dealt with in the annual report of the Authority under section 16 of the M84Transport Act 1968.

Marginal Citations

15SProvision for the council or councils by whom a member of the Authority is appointed to appoint also a deputy to act in that member’s place at any meeting of the Authority from which that member is absent, and for applying in relation to any such deputy, with or without modifications, any provision with respect to members of the Authority made by the said Act of 1968 or by the order.

16SProvision, as respects any period before the Authority appoint or are provided with their own officers, for the discharge of functions of officers of the Authority (including the convening of the first meeting of the Authority) by such officers of such of the councils of constituent areas as may be determined in accordance with the order.

Section 52(3).

SCHEDULE 6S Entry relating to new Scottish local authority to be inserted in Schedule 1 to the M85Tweed Fisheries Act 1969

Marginal Citations

Local authorityNumber of representativesPart of local authority area representedNumber of representatives for each PartNumber of representatives of associations and clubs
12345
“The Borders Council.34Former Burgh of Coldstream.21
Former Burgh of Duns.21
Former Burgh of Eyemouth.21
Remainder of the area of the former District of Berwickshire.32
Former Burgh of Jedburgh.21
Former Burgh of Kelso.21
Former Burgh of Hawick.21
Remainder of the area of the former District of Roxburgh.32
Former Burgh of Selkirk.21
Former Burgh of Lauder.21
Former Burgh of Galashiels.21
Former Burgh of Melrose.21
Remainder of the area of the former District of Ettrick and Lauderdale.32
Former Burgh of Peebles.21
Former Burgh of Innerleithen.21
Remainder of the former District of Tweeddale.”1

F125SCHEDULE 7S

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

Textual Amendments

F134SCHEDULE 8S

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

Textual Amendments

[F135SCHEDULE 9]S

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

Textual Amendments

F142Schedule 9AS

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

Textual Amendments

F144SCHEDULE 10S

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

Textual Amendments

F144Sch. 10 repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(f) (with s. 67); S.S.I. 2002/118, art. 2(3); Sch. 10 expressed to be amended (31.12.2002) by 2002 asp 17, ss. 61, 64(2), Sch. 3 Pt. 1 para. 23(2)(3) (with s. 63)

F145SCHEDULE 11S

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

Textual Amendments

Section 128(6).

F146SCHEDULE 12S Status, Constitution and Proceedings of The Scottish Children’s Reporter Administration

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

Textual Amendments

Section 180(1).

SCHEDULE 13S Minor and Consequential Amendments

The Riotous Assemblies (Scotland) Act 1822 (c.33)S

1SIn section 10 of the Riotous Assemblies (Scotland) Act 1822 (compensation for damage to buildings caused by acts of riotous assemblies etc.), for “regional or islands council” substitute “ council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”.

The Harbours, Docks and Piers Clauses Act 1847 (c.27)S

2(1)The Harbours, Docks and Piers Clauses Act 1847 shall be amended in accordance with this paragraph.S

(2)In section 7 (deposit of sheriff’s certificate of correction), for “regional or islands council” substitute “ council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”.

(3)In section 8 (plans to be deposited before works may begin), for “of any region or islands area” substitute “ for any local government area (within the meaning of the Local Government etc. (Scotland) Act 1994) ”.

The Burial Grounds (Scotland) Act 1855 (c.68)S

3(1)The Burial Grounds (Scotland) Act 1855 shall be amended in accordance with this paragraph.S

F147(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 10 (provision of suitable burial grounds by board after closure, etc.), the words “any of the Lords Ordinary of” and the words “And provided also, that no land shall be so designated nearer than one hundred yards to any dwelling house without the consent in writing of the owner of such dwelling house;” shall cease to have effect.

(4)In section 11 (consents for new burial grounds), the words from “but no ground” to the end shall cease to have effect.

Textual Amendments

The Explosives Act 1875 (c.17)S

4(1)The Explosives Act 1875 shall be amended in accordance with this paragraph.S

(2)In section 110 (local authority), in paragraph 1, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 111 (expenses of local authority), in paragraph (a), for “regional or general rate” substitute “ non-domestic rate or the council tax ”.

Commencement Information

I12Sch. 13 para. 4 wholly in force at 1.4.1996; Sch. 13. para. 4 not in force at Royal Assent see s. 184(2); Sch. 13. para. 4(1)(3) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(ii); Sch. 13 para. 4 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

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

5SFor section 2 of the Public Libraries Consolidation (Scotland) Act 1887 (interpretation) substitute—

“2 Interpretation.

In this Act, except where the context otherwise requires, “library authority” and “museum and art gallery authority”, for the purposes of this Act, mean a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to such an authority, shall be construed accordingly.”.

The Allotments (Scotland) Act 1892 (c.54)S

F1486S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Merchant Shipping Act 1894 (c.60)S

F1497S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Light Railways Act 1896 (c.48)S

8SIn section 26 of the Light Railways Act 1896 (application to Scotland), in subsection (2), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Public Health (Scotland) Act 1897 (c.38)S

9SF150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Census Act 1920 (c.41)S

10SIn section 9 of the Census Act 1920 (application to Scotland), for subsection (2) substitute—

“(2)“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.

The Celluloid and Cinematograph Film Act 1922 (c.35)S

11SIn section 10(1) of the Celluloid and Cinematograph Film Act 1922 (application to Scotland), in the definition of “Local authority”, for the words from “the” to the end substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”.

The Allotments (Scotland) Act 1922 (c.52)S

F15112S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Performing Animals (Regulation) Act 1925 (c.38)S

13SIn section 6(a) of the Performing Animals (Regulation) Act 1925 (definition of “local authority” in application of Act to Scotland), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Agricultural Produce (Grading and Marking) Act 1928 (c.19)S

F15214S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Petroleum (Consolidation) Act 1928 (c.32)S

15SIn section 24 of the Petroleum (Consolidation) Act 1928 (application to Scotland), for subsection (1) substitute—

“(1)for paragraphs (a) and (c) of section 2(1) of this Act there shall be substituted the words “a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.”.

The Local Government (Scotland) Act 1929 (c.25)S

16SIn section 29 of the Local Government (Scotland) Act 1929 (power of councils to expend money on public health propaganda), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Road Traffic Act 1930 (c.43)S

17(1)The Road Traffic Act 1930 shall be amended in accordance with this paragraph.S

(2)In section 108(1) (interpretation), in the definition of “district”, for “a region or islands area” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 109(a) (definition of “local authority” in application of the Act to Scotland), for “a regional or islands council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 119(3) (special provisions as to Scotland), for the words from “A” to “shall” substitute “ A local roads authority shall ”.

The Church of Scotland (Property and Endowments) (Amendment) Act 1933 (c.44)S

18SIn section 2(2) of the Church of Scotland (Property and Endowments) (Amendment) Act 1933 (transfer of certain churchyards), for the words from “of the” to “which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”.

The Private Legislation Procedure (Scotland) Act 1936 (c.52)S

19SIn section 11(6) of the Private Legislation Procedure (Scotland) Act 1936 (powers of councils under Act), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Harbours, Piers and Ferries (Scotland) Act 1937 (c.28)S

20SIn section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Children and Young Persons (Scotland) Act 1937 (c.37)S

21SIn section 110(1) of the Children and Young Persons (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Public Records (Scotland) Act 1937 (c.43)S

22(1)The Public Records (Scotland) Act 1937 shall be amended in accordance with this paragraph.S

(2)In section 5 (transfer of records to Keeper)—

(a)for subsection (2) substitute—

“(2)Notwithstanding anything contained in any enactment, it shall be lawful for any local authority or any statutory body corporate in Scotland, with the consent of the Keeper, to transmit such of their records as relate exclusively or mainly to Scotland to the Keeper for custody.

(2A)For the purposes of this section, “statutory body corporate” means any body corporate established by or under a statute relating to Scotland other than such bodies, or such classes of such bodies, as may be specified by the Secretary of State in an order made by statutory instrument.

(2B)Nothing in subsection (2) above shall apply to any burgh register of sasines or to any book or public record relating thereto.”.

(3)In subsection (1) of section 14 (interpretation), after the definition of “court records” insert—

“the expression “local authority” means an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and includes a joint board and a joint committee;

the expression “statutory body corporate” shall be construed in accordance with section 5(2A) above.”.

The Methylated Spirits (Sale by Retail) (Scotland) Act 1937 (c.48)S

23SF153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Civil Defence Act 1939 (c.31)S

24SF154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Land Drainage (Scotland) Act 1941 (c.13)S

25SIn section 7(1) of the Land Drainage (Scotland) Act 1941 (interpretation), in the definition of “rating authority”, for the words from “like” to “1929” substitute “ meaning assigned to it by section 30 of the Local Government etc. (Scotland) Act 1994 ”.

The Public Health (Scotland) Act 1945 (c.15)S

26SIn section 1(8) of the Public Health (Scotland) Act 1945 (local authorities for purposes of enforcement etc. of certain regulations), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Fire Services Act 1947 (c.41)S

27SF155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c.42)S

28SIn section 7(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (interpretation), in the definition of “local authority”, for the words from “any” to the end substitute “ any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Civil Defence Act 1948 (c.5)S

29(1)The Civil Defence Act 1948 shall be amended in accordance with this paragraph.S

(2)After section 4 insert—

“4A Joint exercise of functions.

(1)Where—

(a)by virtue of any enactment any of the functions of a local authority are exercised by that authority jointly with one or more other local authorities or by a joint board or joint committee; and

(b)by virtue of this Act, an obligation is imposed, or a power conferred, on a local authority in respect of any of these functions,

to the extent that such obligation or, as the case may be, power has a connection with such functions, such obligation shall be performed, or power exercised, by the authorities jointly or, as the case may be, by the joint board or joint committee; and any thing which may, by virtue of this Act, be done by, to or in respect of a local authority may be done by, to or in respect of two or more such authorities or such joint board or joint committee.

(2)In this section “joint board” and “joint committee” have the meanings given by section 235(1) of the M90Local Government (Scotland) Act 1973.

(3)This section extends to Scotland only.”.

(3)In section 9(1) (interpretation), in the definition of “local authority”, for the words “a regional, islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Marginal Citations

The Local Government Act 1948 (c.26)S

30SIn section 145(2) of the Local Government (Scotland) Act 1948 (application of Act to Scotland), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The National Assistance Act 1948 (c.29)S

31(1)The National Assistance Act 1948 shall be amended in accordance with this paragraph.S

(2)In section 33(1) (local authorities for the purposes of Part III), for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 47(12) (appropriate authorities for purposes of section), for the words “the councils of regions and islands areas” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 48(4) (councils having duty to provide temporary protection for property of certain persons), for the words from “of the region” to “of which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”.

(5)In section 50(2) (authorities having duty in respect of burial or cremation of the dead), for “islands and district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In section 65(e) (meaning of “local authority” in application of Act to Scotland), for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Coast Protection Act 1949 (c.74)S

32(1)The Coast Protection Act 1949 shall be amended in accordance with this paragraph.S

(2)In section 1 (coast protection authorities), for subsection (1) substitute—

“(1)A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 any part of whose area adjoins the sea shall be the coast protection authority for that area.”.

(3)In section 20(5) (contributions towards expenses of coast protection), the words “or the council of a district in Scotland” shall cease to have effect.

(4)In section 22(2) (power to use for incidental purposes land acquired for coast protection), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5)In section 45(1) (service of notices and other documents), for “the council of a region, islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In the First Schedule (procedure for making orders and provisions as to the validity of orders), in paragraph 8(b)—

(a)after “and to”, where it first occurs, insert “a council of”; and

(b)for the words “region, islands area or district” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The National Parks and Access to the Countryside Act 1949 (c.97)S

33SIn section 99(2) of the National Parks and Access to the Countryside Act 1949 (contributions by local authorities), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Prospective

The Shops Act 1950 (c.28)S

34SIn section 73(4) of the Shops Act 1950 (local authorities), for the words from “means” to the end substitute “ means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Allotments (Scotland) Act 1950 (c.38)S

F15635S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Pet Animals Act 1951 (c.35)S

F15736S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Rag Flock and Other Filling Materials Act 1951 (c.63)S

F15837S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Rivers (Prevention of Pollution) (Scotland) Act 1951 (c.66)S

38(1)The Rivers (Prevention of Pollution) (Scotland) Act 1951 shall be amended in accordance with this paragraph.S

F159(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F159(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In section 35(1) (interpretation)—

(a)for the definition of “local authority” substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”;

F160(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I13Sch. 13 para. 38 partly in force; Sch. 13 para. 38 not in force at Royal Assent see s. 184(2); Sch. 13 para. 38(1)(8) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(c)

The Hypnotism Act 1952 (c.46)S

39SIn section 2(4)(b) of the Hypnotism Act 1952 (meaning of “controlling authority”), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Post Office Act 1953 (c.36)S

F16140S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Emergency Laws (Miscellaneous Provisions) Act 1953 (c.47)S

41SIn section 5(6)(b) of the Emergency Laws (Miscellaneous Provisions) Act 1953 (power of local authorities as respects letting of certain land), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Long Leases (Scotland) Act 1954 (c.49)S

42SIn section 4(3) of the Long Leases (Scotland) Act 1954 (refusal of grant of feu right on ground of public interest), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c.64)S

43SIn section 6(1)(c) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 (revision of charges by independent harbour undertakings etc.), for the words from “a Passenger” to “combination” substitute “ the Strathclyde Passenger Transport Executive or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Army Act 1955 (c.18)S

44(1)The Army Act 1955 shall be amended in accordance with this paragraph.S

(2)In section 214(5) (application of the Act to Scotland), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In Schedule 5A (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Air Force Act 1955 (c.19)S

45(1)The Air Force Act 1955 shall be amended in accordance with this paragraph.S

(2)In section 212(5) (application of the Act to Scotland), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In Schedule 5A (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

46SIn section 43(1) (interpretation) of the Valuation and Rating (Scotland) Act 1956, in the definition of “valuation authority”, for the words “section one of this Act” substitute “ section 27 of the Local Government etc. (Scotland) Act 1994 ”.

The Naval Discipline Act 1957 (c.53)S

47SIn Schedule 4A to the Naval Discipline Act 1957 (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Land Drainage (Scotland) Act 1958 (c.24)S

48SIn Schedule 1 to the Land Drainage (Scotland) Act 1958 (procedure for making, varying or revoking certain orders etc.), in paragraph 1, in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Disabled Persons (Employment) Act 1958 (c.33)S

49SIn section 3(5) of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Matrimonial Proceedings (Children) Act 1958 (c.40)S

50(1)The Matrimonial Proceedings (Children) Act 1958 shall be amended in accordance with this paragraph.S

(2)In section 10(2) (committal of child to local authority), for the words from “of the region” to “which” substitute “ (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) in whose area ”.

(3)In section 12(2) (supervision of child by local authority), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Trading Representations (Disabled Persons) Act 1958 (c.49)S

51SF162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Building (Scotland) Act 1959 (c.24)S

52SF163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Deer (Scotland) Act 1959 (c.40)S

53(1)The Deer (Scotland) Act 1959 shall be amended in accordance with this paragraph.S

(2)In section 25A (licences to deal in venison)—

(a)in subsection (1) for “An islands or district” substitute “ A ”;

(b)in subsection (2) the words “islands and district” shall cease to have effect; and

(c)in subsections (4) and (5) the words “islands or district” shall cease to have effect.

(3)In section 25D(8) (offences), the words “islands or district” shall cease to have effect.

(4)In section 25F (interpretation of Part IIIA), immediately before the definition of “deer” insert—

““council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”.

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

54SIn section 24 of the Caravan Sites and Control of Development Act 1960 (power of local authorities to provide sites for caravans)—

(a)in subsection (8), for the words from “an islands” to the end substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”; and

(b)subsection (8A) shall cease to have effect.

The Factories Act 1961 (c.34)S

55SIn section 176(1) of the Factories Act 1961 (general interpretation), in the definition of “district council”, for the words from “Scotland,” to the end substitute “ Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Flood Prevention (Scotland) Act 1961 (c.41)S

56SF164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c.9)S

57SIn subsection (5) of section 4 of the M91Local Government (Financial Provisions etc.) (Scotland) Act 1962 (reduction and remission of rates payable by charities etc.), for “section two hundred and forty-four of the Act of 1947” substitute “ section 25A of the Local Government (Scotland) Act 1966 ”.

Marginal Citations

The Education (Scotland) Act 1962 (c.47)S

58SIn section 145(16) of the Education (Scotland) Act 1962 (general definitions), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Betting, Gaming and Lotteries Act 1963 (c.2)S

59(1)The Betting, Gaming and Lotteries Act 1963 shall be amended in accordance with this paragraph.S

(2)In Schedule 1 (bookmaker’s permits, betting agency permits and betting office licences), in paragraph 2, in the definition of “appropriate local authority”, in paragraph (b), for sub-paragraphs (i) and (ii) substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area the relevant premises are, or are to be, situated; ”.

(3)In Schedule 2 (registered pool promoters), in paragraph 1(1)(b), for “the council of an islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”.

(4)In Schedule 3 (licensing of tracks for betting)—

(a)in paragraph 5(2)—

(i)in head (b)(i), for the words from “of” to “which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”;

(ii)in head (b)(ii), for the words from “general” to “authority”, where it secondly occurs, substitute “ planning authority ”; and

(iii)for the words from “ “general” to “them”” substitute “ “planning authority” has the meaning given ”; and

(b)for paragraph 6(3) substitute—

“(3)The authorities referred to in sub-paragraph (1)(e) of this paragraph are—

(a)the planning authority for any area which includes the track or any part thereof;

(b)any local authority whose area adjoins any area which includes the track or any part thereof,

where that authority are not the licensing authority.

In this sub-paragraph, the expression “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.

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

60(1)The Local Government (Financial Provisions) (Scotland) Act 1963 shall be amended in accordance with this paragraph.S

(2)For subsection (4) of section 7 (apportionment) substitute—

“(4)The assessor for each valuation area shall, not later than the date prescribed by order under section 13 of the Act of 1956 in the year preceding any year of revaluation, estimate the rateable valuation in that year of revaluation of that area, and shall send certified copies of the estimate so made to the rating authority for that area and to the Secretary of State.”.

(3)In section 15 (comparison with other lands and heritages)—

(a)in subsection (1B)—

(i)for the words from the M92beginning to “General Rate Act 1967” substitute “ The rateable value ascribed in the non-domestic rating list maintained under the Local Government Finance Act 1988 ”;

(ii)after “England and Wales” insert “ such as is mentioned in paragraph 2(1) of Schedule 6 to that Act ”; and

(iii)for the words “net annual”, where they secondly occur, substitute “ rateable ”;

(b)after subsection (1B) insert—

“(1BA)The rateable value ascribed in the non-domestic rating list maintained under the Local Government Finance Act 1988 to a hereditament in England and Wales such as is mentioned in paragraph 2(1A) of Schedule 6 to that Act shall, for the purposes of subsections (1) and (1A) above, be treated as equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of subsection (1B) above, would reasonably be attributable to the non-domestic use of property.

(1BB)The rateable value ascribed in the non-domestic rating list maintained under the Local Government Finance Act 1988 to a hereditament in England and Wales such as is mentioned in paragraph 2(1B) of Schedule 6 to that Act shall, for the purposes of subsections (1) and (1A) above, be treated as equal to the rent which, assuming such a letting of the hereditament as is required to be assumed for the purposes of subsection (1B) above, would, as regards the part of the hereditament which is not exempt from local non-domestic rating, be reasonably attributable to the non-domestic use of property.”;

(c)in subsection (1C)(b)—

(i)after “(1B)” insert “ , (1BA) or (1BB) ”; and

(ii)for “that subsection” substitute “ the said subsection (1B), (1BA) or (1BB) ”; and

(d)in subsection (2), for the words “section 4 of the Local Government (Scotland) Act 1975” substitute “ section 29 of the Local Government etc. (Scotland) Act 1994 ”.

(4)For section 18 (lands and heritages not deemed to be occupied if subject to tenancy etc.) substitute—

“18 Definition of “occupier”.

Notwithstanding anything in the definition of “occupier” in subsection (1) of section 379 of the Act of 1947, lands and heritages shall not be deemed for the purposes of section 24 of the M93Local Government (Scotland) Act 1966 to be occupied as respects the year 1994-95 or any subsequent year by reason only that they are subject to a tenancy or sub-tenancy.”.

(5)In section 26(2) (interpretation), in the definition of “local authority”, for the words “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Commencement Information

I14Sch. 13 para. 60 wholly in force at 1.4.1996; Sch. 13. para. 60 not in force at Royal Assent see s. 184(2); Sch. 13. para. 60(1)(3)(a)-(c) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(iv); Sch. 13 para. 60(4) in force at 1.4.1995 by S.I. 1994/3150, art. 4(c)(ii); Sch. 13 para. 60 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

Marginal Citations

The Animal Boarding Establishments Act 1963 (c.43)S

61SIn section 5(2) of the Animal Boarding Establishments Act 1963 (interpretation), in the definition of “local authority”, for “the council of any islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Prospective

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

62SAfter subsection (4) of section 6 (re-borrowing powers of public authorities) of the Public Works Loans Act 1964 insert—

“(5)This section does not apply to local authorities constituted under section 2 of the Local Government etc. (Scotland) Act 1994 or to joint boards in Scotland.”.

The Harbours Act 1964 (c.40)S

63SIn Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 3(ba), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Riding Establishments Act 1964 (c.70)S

64SIn section 6(4) of the Riding Establishments Act 1964 (interpretation), in the definition of “local authority” for “the council of any islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

65SIn section 16(1) of the Local Government (Development and Finance) (Scotland) Act 1964 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Gas Act 1965 (c.36)S

66(1)The Gas Act 1965 shall be amended in accordance with this paragraph.S

(2)In section 28(1) (interpretation of Part II), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

F165(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

67(1)The Local Government (Scotland) Act 1966 shall be amended in accordance with this paragraph.S

(2)In section 25(1) (Schedule 3 to have effect), the words “the determination of rateable values,” shall cease to have effect.

(3)In section 44(1) (game licences), for “islands and district councils” substitute “ local authorities ”.

(4)In section 46(1) (interpretation)—

(a)in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)for the definition of “rating authority” substitute—

““rating authority” has the meaning assigned to it by section 30 of the Local Government etc. (Scotland) Act 1994;”.

(5)In paragraph 8 of Schedule 3 (rating of unoccupied property), for the words “have ceased” substitute the words “ has ceased ”.

Commencement Information

I15Sch. 13 para. 67 wholly in force at 1.4.1996; Sch. 13 para. 67 not in force at Royal Assent see s. 184(2); Sch. 13 para. 67(1)(2)(5) in force at 1.4.1995 by S.I. 1994/3150, art. 4(c)(iii); Sch. 13 para. 67 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

The Plant Health Act 1967 (c.8)S

68SFor subsection (3) of section 5 of the Plant Health Act 1967 (execution of Act by local authorities) substitute—

“(3)The local authorities for the purposes of this Act shall be the councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Forestry Act 1967 (c.10)S

69SIn section 40(2)(c)(ii) of the Forestry Act 1967 (compulsory purchase of land), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Slaughter of Poultry Act 1967 (c.24)S

70SIn section 8 of the Slaughter of Poultry Act 1967 (interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Police (Scotland) Act 1967 (c.77)S

71(1)The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph.S

(2)In section 1(1) (police areas), for the words “for every region and for every islands area” substitute “ for every local government area ”.

(3)In section 2(1) (police authorities and their functions), for the words from the beginning to “police authority” substitute “ For every police area the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the police authority ”.

(4)In section 18 (execution of warrants in borders)—

(a)for the words “regions”, in each place where it occurs, substitute “ areas ”;

(b)for the word “region”, in each place where it occurs, substitute “ area ”; and

(c)for “Borders” in both places where it occurs, substitute “ Lothian and Borders ”.

(5)In section 19 (amalgamation schemes)—

(a)in subsections (2), (3), (4) (6), (7) and (9), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”;

(b)in subsection (3), for “committee”, where it secondly and thirdly occurs, substitute “ board ”;

(c)subsection (5) shall cease to have effect; and

(d)after subsection (9) insert—

“(10)An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”.

(6)After section 19 insert—

“19A Incorporation of joint police boards.

Every amalgamation scheme made under this Act shall include provision that any joint police board established by the scheme shall be incorporated with a common seal and have power to hold land and to borrow money.”.

(7)In section 21 (amendment of amalgamation schemes)—

(a)in subsection (1), for the words from the beginning to “section 20 of this Act” substitute—

“(1)An amalgamation scheme may be amended or revoked—

(a)in the case of a scheme made under section 19 of this Act, by a subsequent scheme made under that section or under section 20 of this Act; and

(b)in the case of a scheme made under section 20 or 21B of this Act, by a subsequent scheme made under section 20 of this Act,”;

(b)in subsection (2)(a), at the end insert “ or for the creation of any new combination of police areas; ”;

(c)in subsection (2)(c) and (e), for the words “joint police committee”, in both places where they occur, substitute “ joint police board ”; and

(d)in subsection (2)(c), for the words “such committee” substitute “ such police board ”.

(8)In section 22(1) and (2), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”.

(9)In section 23(6), for the words “joint police committee” substitute “ joint police board ”.

(10)In section 26A(2) (power to give directions to police authority after adverse report), for the words “joint police committee” substitute “ joint police board ”.

(11)In section 26B (police efficiency: allocation of funds), for the words “joint police committee” substitute “ joint police board ”.

(12)In section 26C (duty of compliance), for the words “joint police committee” substitute “ joint police board ”.

(13)In section 32 (police grant)—

(a)in subsection (1), for the words “joint police committees” substitute “ joint police boards ”; and

(b)in subsection (2), for the words—

(i)“joint police committee” substitute “ joint police board ”; and

(ii)“committee” substitute “ board ”.

(14)In section 32A(1) (grants for expenditure on safeguarding national security), for the words “joint police committee” substitute “ joint police board ”.

(15)In section 36(5) (common services), for the words “joint police committee” and “committee” substitute “ joint police board ” and “ board ” respectively.

(16)In section 51(1) (interpretation)—

(a)in the definition of “amalgamation scheme”, for the words “21A” substitute “ 21B ”; and

(b)for the definition of “constituent authority” substitute—

““constituent authority” means a police authority whose area is included in a combined area by virtue of an amalgamation scheme;”.

(17)In paragraph 4 of Schedule 2, for the words “joint police committee” substitute “ joint police board ”.

Commencement Information

I16Sch. 13 para. 71 wholly in force at 1.4.1996; Sch. 13. para. 71 not in force at Royal Assent see s. 184(2); Sch. 13. para. 71(1)(6) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(v); Sch. 13 para. 71 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

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

72(1)The Countryside (Scotland) Act 1967 shall be amended in accordance with this paragraph.S

(2)In section 46(2) (repair and maintenance of public rights of way), after “being a” insert “ public ”.

(3)In section 48A (regional parks)—

(a)in subsection (2)—

(i)for “Regional councils” substitute “ Local authorities ”;

(ii)for “region”, where it first occurs, substitute “ area ”;

(iii)for “council” substitute “ authority ”;

(iv)after “into” insert “ the area of ”;

(v)for “region”, where it secondly occurs, substitute “ local authority ”; and

(vi)for “regional councils” substitute “ authorities ”; and

(b)in subsection (4)(c), for “council or councils” substitute “ local authority or authorities ”.

(4)In section 49 (camping and caravan sites), subsection (5) shall cease to have effect.

(5)In section 50(3) (provision of accommodation, meals etc.), for the words from “means” to the end substitute “ includes a planning authority ”.

(6)In section 54(5) (byelaws), for the words from “means” to the end substitute “ includes a planning authority ”.

(7)In section 63 (provision of recreational facilities by water authorities)—

F166(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (11), the words from “and any reference” to the end shall cease to have effect.

(8)In section 65(5) (authorities which may appoint rangers as respects waterways etc.)—

(a)paragraph (c);

(b)in paragraph (f), the words “within the meaning of section 109(1) of the M94Water (Scotland) Act 1980”; and

(c)paragraph (g),

shall cease to have effect.

(9)In section 78(1) (interpretation)—

(a)in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

F166(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I17Sch. 13 para. 72 wholly in force at 1.4.1996; Sch. 13 para. 72 not in force at Royal Assent see s. 184(2); Sch. 13 para. 72(1)(2) in force at 1.4.1995 by S.I. 1995/702, art. 3(d)(i); Sch. 13 para. 72 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

Marginal Citations

The New Towns (Scotland) Act 1968 (c.16)S

73(1)The New Towns (Scotland) Act 1968 shall be amended in accordance with this paragraph.S

(2)In section 1A(1)(b) (reduction of designated areas), for “any regional council, district council and islands council” substitute “ the local authority ”.

(3)In section 35(2) (power of development corporation to transfer their undertakings)—

(a)for the words from “council of” to “which” substitute “ local authority in whose area ”; and

(b)for “council”, where it secondly occurs, substitute “ local authority ”.

(4)In section 36(2)(b) (winding up of development corporation), for the words from “council” to “which” substitute “ local authority in whose area ”.

(5)In section 47(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In paragraph 2 of Schedule 1 (procedure for designating site of new town), for the words from “council” to “district in which” substitute “ local authority in whose area ”.

The Health Services and Public Health Act 1968 (c.46)S

74(1)The Health Services and Public Health Act 1968 shall be amended in accordance with this paragraph.S

(2)In section 63(2)(c) (activities in respect of which instruction may be provided etc.), for the words from “or”, where it fourthly occurs, to the end substitute “ or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 65(6) (financial and other assistance by local authorities to certain voluntary organisations)—

(a)in substituted subsection (2A)—

(i)for “district and islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly and thirdly occurs, substitute “ local authority ”; and

(b)in substituted subsection (2B)(a), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Sewerage (Scotland) Act 1968 (c.47)S

75(1)The Sewerage (Scotland) Act 1968 shall be amended in accordance with this paragraph.S

(2)In section 1 (duty of local authority to provide for sewerage in their area)—

F167(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for subsection (2) substitute—

“(2)Without prejudice to the generality of subsection (1) above—

(a)a sewerage authority shall, subject to paragraph (b) below, take their public sewers to such point or points as will enable the owners of premises which are to be served by the sewers to connect their drains or private sewers with the public sewers at reasonable cost;

(b)where the sewerage authority have agreed with some other person (in this section referred to as the “private provider”) that he will take a private sewer to such point or points as will enable owners to make such connection as is mentioned in paragraph (a) above, that paragraph shall not apply while the agreement subsists.”;

F167(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in subsection (4)—

(i)for “public sewers” substitute “ a public sewer, or under an agreement such as is mentioned in paragraph (b) of subsection (2) above the private sewer of a private provider, ”;

(ii)for “local authority concerned” substitute “ sewerage authority, or as the case may be private provider, concerned ”; and

(iii)for “local authority”, where those words secondly occur, substitute “ authority or private provider ”; and

(e)after subsection (4) add—

“(5)The Secretary of State may by regulations make provision as respects the procedure to be followed as respects a request under subsection (4) above.

(6)The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

F168(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 3 (construction etc. of public sewers and public sewage treatment works)—

F168(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (3), after “notices”—

(i)where it secondly occurs, insert “ served by a sewerage authority ”; and

(ii)where it thirdly occurs, insert “ served by a local authority ”.

F168(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F168(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In section 7 (agreements between local authorities and the Secretary of State as respects provision, management, maintenance or use of sewers or drains to take water from surface of trunk road etc.)—

(a)in subsection (1)—

(i)for “the Secretary of State” substitute “ a roads authority ”;

F169(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)for “trunk roads” substitute “ a road ”;

(b)in subsection (2)—

(i)for “the Secretary of State” substitute “ a roads authority ”; and

F169(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in subsection (3)—

(i)for “The Secretary of State or a local” substitute “ A roads authority or a sewerage ” and

F169(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)at the end add—

“(3A)In the foregoing provisions of this section, “roads authority” has the same meaning as in the M95Roads (Scotland) Act 1984.”.

(8)In section 11 (keeping of map showing public sewers etc.)—

(a)for subsection (1) substitute—

“(1)A sewerage authority shall keep deposited at their principal office a map showing and distinguishing so far as is reasonably practicable all sewers, drains and sewage treatment works which are vested in them by virtue of this Act or of Part II of the Local Government etc. (Scotland) Act 1994 or in respect of which they have made a determination under section 3A(2) of this Act; and the authority shall provide reasonable facilities at that office for inspection of the map by any person and shall permit a copy of the map, or of an extract of it, to be taken by a person on his paying such reasonable amount as the authority may determine.”;

F170(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)at the end add—

“(3)A sewerage authority shall keep deposited at such of their offices, other than their principal office, as they consider appropriate, a copy relevant to the office in question of part of the map mentioned in subsection (1) above; and the authority shall provide the like facilities and permission in relation to the copy part, at the office at which that copy is deposited, as, under subsection (1) above, they do in relation to the map mentioned in that subsection at their principal office.

(4)For the purposes of subsection (3) above, a copy is relevant to an office if it is of such part of the map mentioned in subsection (1) above as appears to the sewerage authority to be appropriate having regard to the geographical location of that office.”.

F171(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F171(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)In section 15 (owner or occupier to remedy defects in drains and other works)—

(a)in subsection (1)—

(i)after “local authority” insert “ or a sewerage authority ”;

(ii)after “vested in the” insert “ sewerage ”; and

(iii)for “they” substitute “ the authority in question ”;

(b)in subsection (3), for “local authority”—

(i)where those words first occur, substitute “ authority which served the notice ”; and

(ii)where they occur in the proviso, substitute “ authority in question ”; and

(c)in subsection (4)—

(i)for the words from “the medical” to “local authority” substitute “ a local authority or a sewerage authority that immediate action is required to remedy a defect ”; and

(ii)in paragraph (c), after “authority” insert “ which served the notice ”.

(13)In section 16 (vesting of sewers and other works)—

(a)in subsection (1)—

(i)for the words from the beginning to “vest in them” substitute “ There shall vest in a sewerage authority ”; and

(ii)for paragraph (c) substitute—

“(c)subject to any determination notified under subsection (2) of section 3A of this Act, all private sewers connecting with their sewers or sewage treatment works;

(cc)where they enter into an agreement under subsection (2) of the said section 3A or under subsection (2) of section 16A of this Act (and subject to the terms of that agreement), all private sewers, or as the case may be parts of sewers, to which the agreement relates;”;

(b)in subsection (2), for “the commencement of this section shall vest in the local” substitute “ 1st April 1996 shall vest in the sewerage ”; and

F172(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14)After section 16 insert—

“16A Vesting of certain private sewers.

(1)Subject to any agreement entered into under subsection (2) below, there shall vest in a person authorised, under subsection (1) of section 3A of this Act, by a sewerage authority to construct a sewer not connecting with their sewers or sewage treatment works the sewer constructed; and any sewer vested in a person by this subsection or by a determination under subsection (2) of that section shall be his property and he solely responsible for its management, maintenance and renewal.

(2)Notwithstanding subsection (1) above, the sewerage authority may, on such terms and conditions as they think fit, at any time enter into an agreement under which the sewer, or any part of it, shall vest in them.”.

F172(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)Section 18 (expenses of local authorities and dissolution of drainage districts) shall cease to have effect.

(17)In section 20 (compensation for loss etc, resulting from exercise of powers under Part I)—

F173(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (3), for “12” substitute “ 24 ”;

F173(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)at the end add—

“(5)The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to a sewerage authority constructing a sewer under section 3(1), of this Act.”.

(18)In section 21(1) (buildings not to interfere with sewers)—

F174(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after “erected” insert “ or embankment constructed ”; and

(c)at the end add “ or in respect of which they have made a determination under section 3A(2) of this Act ”.

(19)In section 22 (protection for statutory undertakers)—

F174(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after subsection (2) insert—

“(2A)The foregoing provisions of this section shall apply to a person constructing a sewer by virtue of having been authorised to do so under section 3A(1), as they would apply to a sewerage authority constructing a sewer under section 3(1), of this Act.”.

(20)In section 23 (restriction on working minerals), for the words from “any public” to the end substitute “—

(a)any public sewers, public sewage treatment works or public drains; and

(b)any sewers, sewage treatment works or drains not vested in a sewerage authority but forming (or forming part of) any such system as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994,

to which they do not already apply, with the substitution—

(i)for references to the railway, of references to the sewers, works or drains; and

(ii)for references to the company, of references to the sewerage authority, or as the case may be to the person other than a sewerage authority, in whom the sewers, works or drains are vested.”.

F175(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F175(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(23)Sections 40 (powers of local authorities as to research and publicity) and 47 (recovery of expenses by local authority) shall cease to have effect.

(24)In section 48 (powers of entry)—

(a)in subsection (1)—

(i)for “an authorised officer of a local authority” substitute “ any person duly authorised by a sewerage authority (whether or not an employee of the authority and whether such authorisation is special or general) ”;

(ii)in paragraph (d), at the end add “ or which may be authorised by them under section 3A of this Act ”;

(iii)after paragraph (d) insert—

“(dd)inspecting, maintaining, repairing, cleansing, emptying, ventilating or renewing any sewer which is not a public sewer but forms part of any such system as is mentioned in section 98(1)(b) of the Local Government etc. (Scotland) Act 1994;”; and

(iv)in paragraph (f), for the words from “the sewers” to the end substitute “—

(i)public sewers or public sewage treatment works; or

(ii)sewers or sewage treatment works not vested in a sewerage authority but forming (or forming part of) any such system as is mentioned in the said section 98(1)(b).”;

(b)in subsection (3)—

(i)for “entering” substitute “ entry is made ”; and

(ii)for “local authority” substitute “ the authorised person, or the sewerage authority on his behalf, ”; and

(c)in subsection (10), for “local authority” substitute “ person who carried it out ”.

(25)In section 51 (procedure on appeal to Secretary of State)—

F176(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)after subsection (6) add—

“(7)The Secretary of State may by regulations make further provision as respects the procedure to be followed in any such appeal.

(8)The power to make regulations under subsection (7) above shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(26)Section 52 (exemption from stamp duties) shall cease to have effect.

F177(27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(28)In section 59(1) (interpretation)—

F178(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the definitions of “authorised officer” and “local authority” shall cease to have effect;

F178(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the definition of “public drain”, at the end add “ or a sewerage authority ”;

F178(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F178(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the definition of “trunk road” shall cease to have effect.

Textual Amendments

Commencement Information

I18Sch. 13 para. 75 wholly in force at 1.4.1996; Sch. 13. para. 75 not in force at Royal Assent see s. 184(2); Sch. 13. para. 75(1)(2)(b)(d)(e)(13)(a)(ii)(14)(17)(d)(18)(c)(19)(b)(20)(24) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(vi); Sch. 13 para. 75(25)(b) in force at 17.7.1995 by S.I. 1995/1898, art. 2(d); Sch. 13 para. 75 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

Marginal Citations

The Social Work (Scotland) Act 1968 (c.49)S

76(1)The Social Work (Scotland) Act 1968 shall be amended in accordance with this paragraph.S

(2)In section 1(2) (local authorities for the administration of the Act), for the words “regional and islands councils” substitute the words “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 5 (powers of Secretary of State)—

(a)in subsection (1A) for the words “section 2(2) of this Act” there shall be substituted the words “ subsection (1B) below ”; and

(b)after subsection (1A) there shall be added—

“(1B)The enactments referred to in subsection (1A) above are—

(a)this Act as read with sections 1 and 2(1) of the M96Chronically Sick and Disabled Persons Act 1970 and the M97Disabled Persons (Services, Consultation and Representation) Act 1986;

(b)Part IV of the M98Children and Young Persons (Scotland) Act 1937;

(c)section 22(2) to (5A), (7) and (8), section 26(2) to (4) and sections 43, 45, 47 and 48 of the M99National Assistance Act 1948;

(d)the Disabled Persons (Employment) Act 1958;

(e)sections 10 to 12 of the M100Matrimonial Proceedings (Children) Act 1958, and sections 11 and 12 of the M101Guardianship Act 1973;

(f)sections 23, 24, 297 and 329 of the M102Criminal Procedure (Scotland) Act 1975;

(g)the Children Act 1975;

(h)the Adoption Act 1976;

(i)the Adoption (Scotland) Act 1978;

(j)sections 21 to 23 of the M103Health and Social Services and Social Security Adjudications Act 1983;

(k)the Mental Health (Scotland) Act 1984;

(l)the Foster Children (Scotland) Act 1984;

(m)sections 38(b) and 235 of the M104Housing (Scotland) Act 1987;

(n)the Access to Personal Files Act 1987; and

(o)section 19 and Part X of the M105Children Act 1989.”; and

(c)in subsection (2), for paragraph (c) there shall be substituted—

“(c)the performance of the functions of local authorities under any of the enactments mentioned in paragraphs (b), (d), (e), (g), (h), (i), (l) and (o) of subsection (1B) above”.

(4)In section 5A(3) (local authority plans for community care services)—

(a)paragraph (b) shall cease to have effect; and

(b)in paragraph (c), for “section 2(2)” substitute “ 5(1B) ”.

(5)In section 5B(1) (complaints procedure), for “referred to in section 2(2)” substitute “ mentioned in section 5(1B) ”.

F179(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In section 10(1) (making of grants and loans for social work), for the words from “enactments” to “of this Act” substitute “ mentioned in paragraphs (b), (d), (e), (g), (h), (i) and (l) of section 5(1B) of this Act ”.

(8)In section 20A(1) (powers of local authority in course of review of child in care) for “their reporter” substitute “ the Principal Reporter ”.

(9)In section 27(3)(c) (content of probation, community service and supervised attendance scheme etc.), for the words from “the social” to the end substitute “ a committee or sub-committee of such authorities ”.

F179(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(21). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(22). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F179(25). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(26)For “reporter”, wherever occurring, substitute “ Principal Reporter ”.

(27)Sub-paragraph (26) above does not affect any of the particular amendments made by this paragraph.

Textual Amendments

Marginal Citations

The Theatres Act 1968 (c.54)S

77SIn section 18(1) of the Theatres Act 1968 (interpretation), for “the islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Gaming Act 1968 (c.65)S

78(1)The Gaming Act 1968 shall be amended in accordance with this paragraph.S

(2)In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for “regional council, islands council or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for from the word “(i)” to “district” substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In Schedule 9 (permits under section 34), in paragraph 1(d), for the words “of the islands area or district in which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area ”.

The Medicines Act 1968 (c.67)S

79SIn section 109 of the Medicines Act 1968 (enforcement in Scotland)—

(a)in subsection (2)(d), for the words from “regional” to the end substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and the area of such a council ”; and

(b)in subsection (2A), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Transport Act 1968 (c.73)S

80(1)The Transport Act 1968 shall be amended in accordance with this paragraph.S

(2)In section 9(1) (Passenger Transport Areas, Authorities and Executives)—

(a)in paragraph (a), for sub-paragraph (ii) substitute—

“(ii)in Scotland, such area to be known as the Strathclyde Passenger Transport Area as the Minister may designate for the purposes of section 40 of the Local Government etc. (Scotland) Act 1994;”;

(b)in paragraph (b), for sub-paragraph (ii) substitute—

“(ii)in relation to the Strathclyde Passenger Transport Area, the Strathclyde Passenger Transport Authority”; and

(c)in paragraph (c)—

(i)after “be” insert—

“(i)in England and Wales”; and

(ii)after “passenger transport area”, where secondly occurring, insert “and

(ii)in Scotland, the Strathclyde Passenger Transport Executive”.

(3)In section 9A(9)(b) (general functions of Passenger Transport Authorities and Executives), the words “regional or islands” shall cease to have effect.

(4)In section 9B(1)(a) (consultation and publicity with respect to policies as to services), for “regional council” substitute “ council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”.

(5)In section 10(6) (application of Part I of Harbours, Piers and Ferries (Scotland) Act 1937 to Executive), for the words from “that area” to “that region” substitute “ the Executive were within the meaning of that Act a local authority for that area ”.

(6)In section 34 (assistance for rural bus or ferry service)—

(a)in subsection (2) for the words from “regional” to “jointly” substitute “ council or two or more councils acting jointly ”;

(b)in subsection (3), for “any of the councils aforesaid” substitute “ a council ”;

(c)in subsection (4)—

(i)for “regional or islands councils” substitute “ a council ”; and

(ii)for “such a” substitute “ that ”; and

(d)after subsection (4) insert—

“(5)In this section “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.

(7)In section 56 (assistance by Secretary of State or local authority towards capital expenditure on public transport facilities)—

(a)in subsection (2B), in the definition of “relevant local authority”, in paragraph (c), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(b)in subsection (4)(b), the words “regional or islands” shall cease to have effect; and

(c)in subsection (6)(d), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

F180(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Section 115(3) (as substituted by paragraph 19 of Schedule 18 to the 1973 Act) shall cease to have effect and after subsection (3) of section 115 (interpretation of Part VII) insert—

“(3A)In sections 109, 112, 113 and 114 of this Act, “local authority” means, as respects Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(10)In section 123(2) (power of certain authorities to contribute to cost of barriers etc. at level crossings), for “county council and a town council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(11)In section 124(4) (Board’s obligations at level crossings with certain roads), for the words from “Scotland” to “council” substitute “ Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(12)In Schedule 5 (Passenger Transport Authorities and Executives), in Part II, in paragraph 2—

(a)for “regional council”, where it first occurs, substitute “ council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”; and

(b)for “the regional”, where secondly occurring, substitute “ such ”.

Textual Amendments

The Mines and Quarries (Tips) Act 1969 (c.10)S

81SIn section 11(3)(b) of the Mines and Quarries (Tips) Act 1969 (meaning of “local authority” for purposes of Part II), for the words from “general” to “1973” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Post Office Act 1969 (c.48)S

F18182S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Employers’ Liability (Compulsory Insurance) Act 1969 (c.57)S

83SIn section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (authorities exempted from insurance)—

(a)for the words from “a”, where it thirdly occurs, to “in”, where it secondly occurs, substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in ”; and

(b)after “such council” insert “ the Strathclyde Passenger Transport Authority ”.

The Local Authorities (Goods and Services) Act 1970 (c.39)S

84SIn section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in the definition of “local authority”—

(a)for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)for “those” substitute “ two or more such councils ”.

The Agriculture Act 1970 (c.40)S

85(1)The Agriculture Act 1970 shall be amended in accordance with this paragraph.S

(2)For subsection (2) of section 67 (enforcement authorities and appointment of inspectors and analysts) substitute—

“(2)In Scotland it shall be the duty of every council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 to enforce this Part of this Act within their area.”.

(3)In section 92 (provision of flood warning systems)—

F182(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the proviso to subsection (1)—

F182(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)for the words from “region” to “within which” substitute “ local authority within whose area ”; and

(c)in subsection (2)(b), for “regional or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “area”, in relation to such an authority, shall be construed in accordance with the provisions of Part I of that Act ”.

F182(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I19Sch. 13 para. 85 partly in force; Sch. 13 para. 85 not in force at Royal Assent see s. 184(2); Sch. 13 para. 85(1)(2)(3)(b)(ii)(c) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(c)

The Chronically Sick and Disabled Persons Act 1970 (c.44)S

86SIn section 21(8) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), for the words from “the council”, where they thirdly occur, to “Scotland” substitute “ , in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Fire Precautions Act 1971 (c.40)S

87SIn section 43(1) of the Fire Precautions Act 1971, in the definition of “local authority”, in paragraph (b), for “islands or district council” substitute “ council for a local government area ”.

The Town and Country Planning (Amendment) Act 1972 (c.42)S

F18388S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F183Sch. 13 para. 88 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

The Poisons Act 1972 (c.66)S

89SIn section 11(2) of the Poisons Act 1972 (interpretation), in the definition of “local authority”, in paragraph (b), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Employment Agencies Act 1973 (c.35)S

90SIn section 13(1) of the Employment Agencies Act 1973 (interpretation), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

F18491S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

92(1)The 1973 Act shall be amended in accordance with this paragraph.S

(2)In section 14(1) (duty of the Boundary Commission to review local government areas), for—

(a)“ten”, in both places where it occurs, substitute “ eight ”;

(b)“fifteen”, in both places where it occurs, substitute “ twelve ”; and

(c)“16th May 1975” substitute “ 1st April 1996 ”.

(3)In section 16(2) (duty of the Boundary Commission to review electoral arrangements), for—

(a)“ten”, in both places where it occurs, substitute “ eight ”;

(b)“fifteen”, in both places where it occurs, substitute “ twelve ”; and

(c)“initial” substitute “ first ”.

(4)For section 20 (initial review of areas and electoral arrangements) substitute—

“20 First review of electoral arrangements.

Schedule 5 to this Act shall have effect with respect to the first review of electoral arrangements for local government areas after 1st April 1996.”.

(5)For section 23 (change of name of local government area) substitute—

“23 Change of name of local government area.

(1)The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area.

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

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

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

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

(6)In section 24(5) (provision which may be included in orders under Part II)—

(a)in each of paragraphs (c) and (d), for “areas”, wherever it occurs, substitute “ wards ”; and

(b)in paragraph (f)—

(i)the words “regional, islands or district” shall cease to have effect; and

(ii)for “area” substitute “ ward ”.

(7)In section 28 (supplementary provision to Part II)—

(a)in subsection (1)—

(i)in the definition of “electoral arrangements”, for “areas” and, where it fourthly occurs, “area” substitute “ wards ” and “ward” respectively; and

(ii)for the definition of “local government area” substitute—

““local government area” means the area of a local authority;”; and

(b)in subsection (2), for the words “this Act”, where they thirdly occur, substitute “ the Local Government etc. (Scotland) Act 1994. ”.

(8)In section 31 (disqualification for nomination etc.)—

(a)for the words “chairman or vice-chairman”, in both places where they occur, substitute “ convener or depute convener ”;

(b)after subsection (3) insert—

“(3A)A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.”; and

(c)subsection (4) shall cease to have effect.

(9)F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In section 47 (allowances for attending conferences and meetings)—

(a)in subsection (4), the words “, other than a water development board within the meaning of the M106Water (Scotland) Act 1980,”; and

(b)subsection (5),

shall cease to have effect.

(11)In section 50B (access to agenda and connected reports), in subsection (4)(b), for the word “chairman” substitute “ convener ”.

(12)In section 50K(2)(b) (interpretation), for “the enactment” substitute “ either of the enactments ”.

(13)In section 55 (assistance to community councils), for “islands and district councils” substitute “ councils for local government areas ”.

(14)In section 56 (arrangements for discharge of functions by local authorities)—

(a)in subsection (6), paragraphs (a) and (c) shall cease to have effect; and

(b)in subsection (9)—

(i)in paragraph (b), for “21 and 21A” substitute “ and 21 ”;

(ii)paragraph (c) shall cease to have effect; and

F186(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)In section 63 (application of Part V to police authorities)—

(a)in subsection (2) the words “or a district council” shall cease to have effect;

(b)in subsection (3), after paragraph (b) insert—

“(c)sections 62A to 62C.”;

(c)in subsections (4) and (5), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”;

(d)in subsection (5)(a), the words “or district council” shall cease to have effect; and

(e)in subsection (5)(b) for the word “committee” substitute “ board ”.

(16)After section 63 insert—

“63A Sections 62A to 62C not to apply to fire authority.

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

(17)In section 64(5) (excepted enactments for purposes of section 64(4))—

(a)paragraphs (c) and (f) shall cease to have effect; and

(b)in paragraph (e), for “directors of social work” substitute “ chief social work officers ”.

(18)In section 67 (members of authorities not to be appointed as officers), for the words “chairman or vice-chairman” substitute “ convener or depute convener ”.

(19)In section 83 (power of local authorities to incur expenditure for certain purposes)—

(a)subsections (2A) and (2B) shall cease to have effect; and

(b)in subsection (3)(c), for the words “chairman of a regional, islands or district council, a chairman” substitute “ convener of a local authority, a convener ”.

(20)In section 84 (powers of local authorities with respect to emergencies), subsection (2) shall cease to have effect.

(21)In section 87 (research and the collection of information)—

(a)in subsection (1)—

(i)for “council” substitute “ local authority ”; and

(ii)the words “any other local authority in the area,” shall cease to have effect;

(b)in subsection (2)—

(i)for “a council” substitute “ a local authority ”;

(ii)for the words from “council or” to “the council”, where they first occur, substitute “ local authority ”; and

(iii)the words from “and where” to the end shall cease to have effect; and

(c)subsection (3) shall cease to have effect.

(22)In section 92(2) (meanings of certain expressions for purposes of section), in the definition of “securities”, for the words from “has” to the end substitute “means—

(a)investments falling within any of paragraphs 1 to 6 of Schedule 1 to the M107Financial Services Act 1986 or, so far as relevant to any of those paragraphs, paragraph 11 of that Schedule; or

(b)rights (whether actual or contingent) in respect of money lent to, or deposited with, any society registered under the M108Industrial and Provident Societies Act 1965 or any building society within the meaning of the M109Building Societies Act 1986.”.

(23)In section 93 (general fund), for subsection (2)(b) substitute—

“(b)which relate to the common good of the council;”.

(24)In section 94 (capital expenses), for subsection (1A) substitute—

“(1A)The provisions of this section shall apply to the Strathclyde Passenger Transport Authority as they apply to a local authority; and the giving of approval by the Strathclyde Passenger Transport Authority to any proposal for expenditure referred to in section 15(1)(c) of the M110Transport Act 1968 shall be deemed for the purposes of this section to be an incurring of liability by the Authority to meet capital expenses.”.

(25)In section 100 (auditor’s right of access to documents)—

(a)after subsection (1A) insert—

“(1B)Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority or body whose accounts are required to be audited in accordance with this Part of this Act to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation.”;

(b)in subsection (2), for “subsection (1)” substitute “ subsections (1) and (1B) ”; and

(c)in subsection (3)—

(i)after “(1)” insert “ or (1B) ”; and

(ii)the words from “and to an additional fine” to the end shall cease to have effect.

(26)In subsection (3) of section 102 (reports to Commission by Controller of Audit), for the words “the audit” substitute “ any matter arising out of the auditing ”.

(27)In section 103 (action by Commission for local authority accounts), for subsection (6)(b) substitute—

“(b)may require the attendance of members or officers, or former members or officers, of any local authority to give oral evidence to the Commission; and

(c)may pay to any person attending a hearing under this section such expenses as they think fit.”.

(28)For section 123 (education authorities) substitute—

“123 Education authorities.

The education authority for the purposes of the M111Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.”.

(29)For section 126 (disqualification for membership of education committees etc.) substitute—

“126 Disqualification for membership of committees appointed by education authorities.

Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of—

(a)a committee such as is mentioned in subsection (1) of section 124 of this Act;

(b)a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or

(c)any sub-committee of such a committee or joint committee.”.

(30)In section 128 (educational endowments), in Table B, in subsection (2), for the words “Chairman of council” substitute “ Convener of council ”.

(31)In section 130 (housing)—

(a)in subsection (1), for “an islands or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)for subsection (2) substitute—

“(2)Before any local authority exercise outwith their area any power under Part I of the M112Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.”.

(32)In section 133 (roads), subsection (1) shall cease to have effect.

(33)Section 134(1) (building) shall cease to have effect.

F187(34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(35). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(36)Section 137(1) (flood prevention) shall cease to have effect.

(37)Section 138(1) (coast protection) shall cease to have effect.

(38)Section 140 (allotments) shall cease to have effect.

(39)Section 142 (public health) shall cease to have effect.

(40)Sections 143 (transfer of functions under 1968 Act) and 148(1) (transfer of functions of regional water boards to water authorities) shall cease to have effect.

(41)In section 145 (Ordnance Survey)—

(a)in subsection (2)—

(i)for “regional, islands or district council” substitute “ local authority ”; and

(ii)for “council”, where it secondly occurs, substitute “ authority ”;

(b)in subsection (4), for “regional, islands or district council, as the case may be”, in both places where it occurs, substitute “ local authority ”; and

(c)in subsection (5), for the words from “a region” to “may be” substitute “ the area of a local authority ”.

(42)In section 146(5) (police), for the words “regions” and “region”, in each place where either occurs, substitute respectively “ areas ” and “ area ”.

(43)For section 150 (public transport) substitute—

“150 Schedule 18 to continue to have effect.

Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.”.

(44)In section 153 (ferries)—

(a)in subsection (1)—

(i)for “local authorities” substitute “ regional or islands councils ”; and

(ii)the words “regional or islands” shall cease to have effect;

(b)in subsection (2)—

(i)the words “regional or islands” shall cease to have effect; and

(ii)the word “such”, wherever it occurs, shall cease to have effect;

(c)in subsection (3)—

(i)the words “regional or islands” shall cease to have effect; and

(ii)the word “such”, where it first occurs, shall cease to have effect; and

(d)in subsection (5), after “this section” insert “—

“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and”.

(45)In section 154 (piers and harbours)—

(a)in subsection (1)—

(i)the words “Subject to subsection (3A) below” shall cease to have effect;

(ii)for “local authorities” substitute “ regional, islands or district councils ”;

(iii)for “those authorities” substitute “ regional, islands or district councils ”; and

(iv)the words “regional or islands” shall cease to have effect;

(b)in subsection (2), the word “regional”, in both places where it occurs, shall cease to have effect;

(c)in subsection (3), the words—

(i)“regional or islands”; and

(ii)“such”,

shall cease to have effect;

(d)subsections (3A) and (3B) shall cease to have effect; and

(e)in subsection (7), after “this section” insert “—

“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and”.

(46)Section 155(1) (district council for purposes of Factories Act 1961) shall cease to have effect.

(47)Section 156(1) (local authority responsible for enforcing provisions of Offices, Shops and Railway Premises Act 1963) shall cease to have effect.

(48)Section 157 (local authority responsible for enforcing provisions of Shops Act 1950) shall cease to have effect.

(49)Section 159 (local authority not subject to requirements of Employers’ Liability (Compulsory Insurance) Act 1969) shall cease to have effect.

(50)In section 163 (public libraries, museums and art galleries)—

(a)subsection (1);

(b)in subsection (2), the words “as aforesaid”; and

(c)subsection (3),

shall cease to have effect.

(51)Section 168 (census) shall cease to have effect.

F188(52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(53)In section 170(1) (war memorials), for “islands or district council” substitute “ local authority within the meaning of this Act ”.

(54)In section 170A(5) (application of certain provisions of the 1980 Act to pipes and works for conveying heat etc.)—

(a)paragraph (a) shall cease to have effect; and

(b)for paragraphs (c) and (d) substitute— “and

(c)for any reference to a water authority there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.”.

(55)In section 170B(2) (provisions supplementary to section 170A)—

(a)the words “or water development boards” where they first occur shall cease to have effect; and

F189(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(56)Section 171(1) and (2) (local authority for the purposes of certain enactments) shall cease to have effect.

F190(57). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(58)For section 188 (miscellaneous licensing, registration and related matters) substitute—

“188 Part III of Schedule 24 to continue to have effect.

Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.”.

(59)In section 190 (service of legal proceedings), for the word “chairman”, in both places where it occurs, substitute “ convener ”.

F191(60). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(61)In section 201(1) (byelaws for good rule and government), for the words from “the region” to “be” substitute “ their area ”.

(62)In section 202 (procedure, etc., for byelaws), subsection (13) shall cease to have effect.

(63)In section 206 (admission of honorary freemen)—

(a)in subsection (1)—

(i)for “An islands or district council” substitute “ A local authority ”;

(ii)for “council” substitute “ authority ”; and

(iii)for “the islands area or district”, in both places where it occurs, substitute “ their area ”; and

(b)in subsection (2), for “islands or district council” substitute “ local authority ”.

(64)Section 226 (transitional provision for joint boards existing before 16th May 1975) shall cease to have effect.

(65)Section 230 (transitional establishment of committees of local authorities) shall cease to have effect.

(66)In section 235(1) (interpretation)—

(a)the definitions of “area”, “college council”, “school council” and “education committee” shall cease to have effect;

(b)for the definition of “electoral area” substitute—

““electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994;”;

(c)for the definition of “local authority” substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”; and

(d)in the definition of “rating authority”, for the words from “has” to “Act” substitute “ shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994. ”.

(67)For Schedule 5 (initial review of local government areas and electoral arrangements) substitute—

Section 20.

“SCHEDULE 5S First review of electoral arrangements

1As soon as practicable after 1st April 1996 the Boundary Commission shall—

(a)review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; and

(b)formulate proposals for those arrangements.

2The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required—

(a)the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and

(b)the Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications).”.

(68)For heads (a) to (c) of paragraph 1(2) of Schedule 6 (electoral arrangements) substitute “ , the number of local government electors shall be, as nearly as may be, the same in every electoral ward of that local government area. ”.

(69)In Schedule 7 (meetings and proceedings of local authorities)—

(a)in paragraphs 1(4), 3(1), 3(2) and 3(3), for the word “chairman” substitute “ convener ”;

(b)in paragraphs 3(2) and (3), for the words “vice-chairman” substitute “ depute convener ”; and

(c)in paragraph 5(1), after “such orders” insert “ or to the procedure for early removal from office of the convener or depute convener ”.

(70)In paragraph 4(1) of Schedule 8 (provision as to Commission for local authority accounts), after “Commission” where it first occurs insert “ , including any hearing under section 103 of this Act, ”.

(71)Schedule 13 (amendments of the Rent (Scotland) Act 1971) shall cease to have effect.

(72)Schedule 14 (amendments of enactments relating to roads) shall cease to have effect.

(73)In Schedule 17, in paragraph 1(1)(a) (general construction of certain references), the words “or to a constituent board” and “or to a constituent water authority” shall cease to have effect.

(74)Schedule 22 (planning functions) shall cease to have effect.

Textual Amendments

F185Sch. 13 para. 92(9) repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37(2), Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e)

F186Sch. 13 para. 92(14)(b)(iii) repealed (1.4.1997) by 1995 c. 36, s. 105(5), Sch. 5; S.I. 1996/3201, art. 3(7)

F187Sch. 13 para. 92(34)(35) repealed (1.2.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2

F189Sch. 13 para. 92(55)(b) repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(g)(vi) (with s. 67); S.S.I. 2002/118, art. 2(3)

F190Sch. 13 para. 92(57) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

F191Sch. 13 para. 92(60) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(3), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3))

Commencement Information

I20Sch. 13 para. 92 partly in force; Sch. 13. para. 92 not in force at Royal Assent see s. 184(2); Sch. 13. para. 92(1)(20)(22)(26)(27)(60)(70) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(vii); Sch. 13 para. 92(25) in force at 1.4.1995 by S.I. 1995/702, art. 3(d)(ii); Sch.13 para. 92 (other than sub-paragraphs (34)(35)(48)) in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

Marginal Citations

The Health and Safety at Work etc. Act 1974 (c.37)S

93(1)The Health and Safety at Work etc. Act 1974 shall be amended in accordance with this paragraph.S

F192(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 53(1) (interpretation), in the definition of “local authority”, in paragraph (b), for the words from “regional” to “county council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Textual Amendments

Commencement Information

I21Sch. 13 para. 93 partly in force; Sch. 13 para. 93 not in force at Royal Assent see s. 184(2); Sch. 13 para. 93(1)(3) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(c)

The Consumer Credit Act 1974 (c.39)S

94SIn section 189(1) of the Consumer Credit Act 1974 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Control of Pollution Act 1974 (c.40)S

95(1)The Control of Pollution Act 1974 shall be amended in accordance with this paragraph.S

F193(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In section 62(2)(a) (certain exemptions as respects offences relating to noise), after “water authority” insert “ (“water authority” being construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994) ”.

(7)In section 73(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

F193(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F193(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F194(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193Sch. 13 para. 95(2)(4)(8)(9) repealed (1.2.1996) by Environment 1995 (c. 25), s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(7)

Commencement Information

I22Sch. 13 para. 95 partly in force; Sch. 13. para. 95 not in force at Royal Assent see s. 184(2); Sch. 13. para. 95(1)(2)(a)(b)(d) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(viii); Sch. 13 para. 95(3)(5)-(7)(10) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(c)

The District Courts (Scotland) Act 1975 (c.20)S

96(1)The District Courts (Scotland) Act 1975 shall be amended in accordance with this paragraph.S

(2)In section 1A(4) (further provisions as to establishment and disestablishment of district courts), for “district or islands council” substitute “ local authority ”.

(3)Section 7(3) (officer of regional council may act as clerk of district court) shall cease to have effect.

(4)In subsection (1) of section 12 (disqualification in certain cases of justices who are members of local authorities), for “Local Government (Scotland) Act 1973” substitute “ Local Government etc. (Scotland) Act 1994 ”.

(5)In section 26 (interpretation), for the definition of—

(a)“commission area” substitute—

““commission area” means the area of a local authority;”; and

(b)“local authority” substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Criminal Procedure (Scotland) Act 1975 (c.21)S

97(1)The Criminal Procedure (Scotland) Act 1975 shall be amended in accordance with this paragraph.S

(2)In—

(a)sections 168 and 364 (power of court, in respect of certain offences, to refer child to reporter), for the words “reporter of the local authority in whose area the child resides” wherever they occur; and

(b)sections 173(1)(a) and (b) and (3) and 372(1)(a) and (b) and (3) and 373 (reference and remit of children’s and young persons’ cases by courts to children’s hearings), for the words “reporter of the local authority”, wherever they occur,

substitute the words “ Principal Reporter ”.

(3)In each of sections 186(1)(b) and (c) and 387(1)(b) and (c) (persons who may give information on oath as respects failure to comply with probation order), for “director of social work”, wherever it occurs, substitute “ chief social work officer ”.

(4)In section 296(3) (action to be taken where child detained by police) for the words from “reporter” to “detained” where the latter word second occurs substitute the words “ Principal Reporter ”.

(5)In section 413(3) (detention of children), in the definition of “the appropriate local authority”, in each of paragraphs (a) and (b), for “regional or islands council” substitute “ local authority ”.

(6)In section 462 (interpretation) the definition of “reporter” shall cease to have effect.

(7)In Schedule 5 (discharge and amendment of probation orders), in paragraph 2(4)(b)—

(a)for “director of social work” substitute “ chief social work officer ”; and

(b)for “director”, where it secondly and thirdly occurs, substitute “ chief social work officer ”.

(8)For the word “reporter”, wherever occurring, substitute the words “ Principal Reporter ”.

(9)Sub-paragraph (8) above does not affect any of the particular amendments made by this paragraph.

The Reservoirs Act 1975 (c.23)S

F19598S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The House of Commons Disqualification Act 1975 (c.24)S

99SIn Part IV of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—

(a)in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for a region in Scotland—

(i)for the words “a region” substitute “ an area ”; and

(ii)for the words from “such part” to “Majesty” substitute “ the area ”;

(b)the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for an islands area in Scotland shall cease to have effect; and

(c)in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow—

(i)the words “the district of” shall cease to have effect; and

(ii)for “district” substitute “ city ”.

The Local Government (Scotland) Act 1975 (c.30)S

100(1)The 1975 Act shall be amended in accordance with this paragraph.S

(2)In section 2(1)(e) (alterations to valuation roll which is in force)—

(a)after “consequence of” insert “—

(i)”; and

(b)after “1970” insert “or

(ii)the making of regulations under section 42 of the M113Lands Valuation (Scotland) Act 1854;”.

(3)In section 7A (provisions as to setting of non-domestic rates)—

(a)for subsection (2) substitute—

“(2)Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area—

(a)in accordance with section 7 of this Act; or

(b)where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.”; and

(b)subsection (3) shall cease to have effect.

(4)For subsection (2) of section 7B (provisions as to setting of non-domestic rates) substitute—

“(2)Non-domestic rates shall be levied by each rating authority in respect of lands and heritages in their area—

(a)in accordance with section 7 of this Act; or

(b)where the lands and heritages fall within a class of lands and heritages prescribed under section 153 of the Local Government etc. (Scotland) Act 1994, in accordance with those regulations.”.

(5)In subsection (4) of section 8 (payment of rates by instalments), for from “the ground” to “1947” substitute “ account of hardship under section 25A of the M114Local Government (Scotland) Act 1966 ”.

F196(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F196(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In section 37(1) (interpretation), in the definition of “material change of circumstances”, for the word “for” substitute “ the members of which are drawn from the valuation appeal panel serving ”.

(9)In Schedule 3 (borrowing and lending by local authorities)—

(a)for paragraph 8(3) substitute—

“(3)Sub-paragraphs (1) and (2) above shall not apply in the case of money borrowed for the purpose of the common good, nor shall the security created by those sub-paragraphs include the common good or the revenues thereof.”;

(b)in paragraphs 12(1), 13(1), 13(2) and 14, for “16th May 1975”, in each place where it occurs, substitute “ 1st April 1996 ”;

(c)after paragraph 12(1) insert—

“(1A)Sub-paragraph (1) above, so far as it relates to the establishment of a loans fund, does not apply to the councils of Orkney Islands, Shetland Islands and Western Isles, whose loans funds will continue in existence.”;

(d)for paragraph 12(2) substitute—

“(2)A loans fund shall not apply to money borrowed for the common good.”;

(e)in paragraph 13(1), for the words “section 128 of the Act of 1973 or which is referred to in section 222(2) or 223 of that Act” substitute “ section 17 of the Local Government etc. (Scotland) Act 1994 or which is referred to in section 15(5) or 16 of that Act ”;

(f)in paragraph 22—

(i)in sub-paragraph (1), after head (b) insert—

“(ba)an insurance fund, to be used for the following purposes, namely—

(i)where the authority could have insured against a risk but have not done so, defraying any loss or damage suffered, or expenses incurred, by the authority as a consequence of that risk;

(ii)paying premiums on a policy of insurance against a risk.”; and

(ii)in sub-paragraph (2), after “repair fund” insert “ or the insurance fund ”.

(g)in paragraph 24(1), after “repair fund” insert “ , or an insurance fund, ”;

(h)in paragraph 28—

(i)in sub-paragraph (1), after “money,” insert “ the Strathclyde Passenger Transport Authority ”; and

(ii)in sub-paragraph (2), for the words from “Schedule to” to the end insert—

“(a)the aforesaid boards, either generally or to any particular board or class of board; and

(b)the Strathclyde Passenger Transport Authority”;

(i)for paragraph 30 substitute—

“30Nothing in this Schedule shall affect the power of a council having a common good to borrow on the security of the common good or any loan secured thereon.”; and

(j)for paragraph 31 substitute—

“31In this Schedule, unless the context otherwise requires—

Textual Amendments

Commencement Information

I23Sch. 13 para. 100 partly in force; Sch. 13. para. 100 not in force at Royal Assent see s. 184(2); Sch. 13. para. 100(1)(9)(f)(g) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(ix); Sch. 13 para. 100(2)(4)(5) in force at 1.4.1995 by S.I. 1994/3150, art. 4(c)(iii); Sch. 13 para. 100(6)(a)(i) in force at 6.4.1995 by S.I. 1995/702, art. 4(1), Sch. 2; Sch. 13 para. 100(9)(h) in force at 31.3.1996 by S.I. 1996/323, art. 3(b); Sch. 13 para. 100(6)-(8)(9)(a)-(i) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(c)

Marginal Citations

The Guard Dogs Act 1975 (c.50)S

101SIn section 7 of the Guard Dogs Act 1975 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

102SIn section 17(1) of the Safety of Sports Grounds Act 1975 (interpretation), in the definition of “local authority”, in paragraph (d), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Children Act 1975 (c.72)S

F197103S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Lotteries and Amusements Act 1976 (c.32)S

104(1)The Lotteries and Amusements Act 1976 shall be amended in accordance with this paragraph.S

(2)In section 23(1) (interpretation), in the definition of “local authority”, in paragraph (c), for “regional council, an islands council and a district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In Schedule 1 (registration of societies), in paragraph 1(2)(c), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In Schedule 3 (permits for commercial provision of amusements with prizes), in paragraph 1(2), in the definition of “local authority”, in paragraph (c), for “an islands council and a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Dangerous Wild Animals Act 1976 (c.38)S

105SIn section 7(4) of the Dangerous Wild Animals Act 1976 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Licensing (Scotland) Act 1976 (c.66)S

106SF198. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F198Sch. 13 para. 106 repealed (1.5.2007 in regard to para. 106(2)(3)(5) and 1.9.2009 at 5.00 a.m. otherwise) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150, Sch. 7 (with s. 143); S.S.I. 2007/129, art. 3, Sch.; S.S.I. 2007/472, art. 3

The Supplementary Benefits Act 1976 (c.71)S

107(1)Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units) shall be amended in accordance with this paragraph.S

(2)In paragraph 2(2) (Secretary of State may require councils to exercise functions of providing and maintaining resettlement units)—

(a)the words—

(i)“and of”;

(ii)“, regions, islands areas”; and

(iii)“and”, where it thirdly occurs,

shall cease to have effect; and

(b)after “of London” insert “ and any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In paragraph 4(2) (local authorities to whom grants may be paid for certain purposes)—

(a)the words—

(i)“, a region, an islands area”; and

(ii)“or”, where it secondly occurs,

shall cease to have effect; and

(b)after “of London” insert “ or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Race Relations Act 1976 (c.74.)S

F199108S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Refuse Disposal (Amenity) Act 1978 (c.3)S

109SIn section 11(1) of the Refuse Disposal (Amenity) Act 1978 (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The European Parliamentary Elections Act 1978 (c.10)S

110(1)The European Parliamentary Elections Act 1978 shall be amended in accordance with this paragraph.S

(2)In Schedule 1 (simple majority system (for Great Britain) with S T V (for Northern Ireland)), in paragraph 4—

(a)in sub-paragraph (2), for the words “region or islands”, in each place where they occur, substitute “ local government ”; and

(b)in sub-paragraph (5)(b), for “a region, islands area or district” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In Schedule 2 (European Parliamentary constituencies in Great Britain), in paragraph 5A(4), in the definition of “local authority”, in paragraph (b), for “the council of a region, islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Adoption (Scotland) Act 1978 (c.28)S

111SF200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The National Health Service (Scotland) Act 1978 (c.29)S

112(1)The National Health Service (Scotland) Act 1978 shall be amended in accordance with this paragraph.S

(2)In section 16A (power to make payments towards expenditure on community services), in subsection (1)—

(a)in paragraph (a), for the words from “relating” to the end substitute “ under any of the enactments mentioned in section 5(1B) of the M115Social Work (Scotland) Act 1968 (power of Secretary of State to issue directions to local authorities in respect of their functions under certain enactments), other than section 3 of the Disabled Persons (Employment) Act 1958; ”;

(b)in paragraph (b), the words “of a regional or islands council’s” shall cease to have effect;

(c)in paragraph (c), the words “of a district or islands council’s” shall cease to have effect; and

(d)in paragraph (d), the words “of a regional or islands council’s” shall cease to have effect.

(3)In section 108(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Marginal Citations

The Community Service by Offenders (Scotland) Act 1978 (c.49)S

113(1)The Community Service by Offenders (Scotland) Act 1978 shall be amended in accordance with this paragraph.S

(2)In section 2(3)(b) (persons to whom copy of community service order to be sent), for “director of social work” substitute “ chief social work officer ”.

(3)In section 12(1) (interpretation), in the definition of “local authority”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Inner Urban Areas Act 1978 (c.50)S

114(1)The Inner Urban Areas Act 1978 shall be amended in accordance with this paragraph.S

(2)In section 1(2) (meaning of “designated district authority”), the words “or region” shall cease to have effect.

(3)In section 2(1) (loans for acquisition of land etc.), the words “or region”, in both places where they occur, shall cease to have effect.

(4)In section 7(1)(a) (power to enter into arrangements), the words “or region” shall cease to have effect.

The Bail etc. (Scotland) Act 1980 (c.4)S

115SIn section 10(3) of the Bail etc. (Scotland) Act 1980 (sittings of district courts), for “district or islands council” substitute “ local authority ”.

The Reserve Forces Act 1980 (c.9)S

F201116S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Slaughter of Animals (Scotland) Act 1980 (c.13)S

117SIn section 22 of the Slaughter of Animals (Scotland) Act 1980 (interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

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

118(1)The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph.S

(2)In section 4 (duty of education authorities to provide psychological service), the words “regional or island authority” shall cease to have effect.

(3)In section 6 (social activities etc.)—

(a)in subsection (2)—

(i)the letter “(a)”; and

(ii)paragraph (b),

shall cease to have effect; and

(b)subsection (3) shall cease to have effect.

(4)Section 78 (appointment of director of education) shall cease to have effect.

(5)In section 86 (admissibility of documents)—

(a)in paragraph (a), the words from “or” to “authority”; and

(b)in paragraph (e), the words “or by the director of education”,

shall cease to have effect.

(6)In subsection (3A) of section 112 (reorganisation schemes), for “Schedule 10 to” substitute “ Section 56 of ”.

(7)In section 122 (interpretation of Part VI), in the definition of “governing instrument”, after the words “provisional order”, where they first appear, insert “ or made under section 17 of the Local Government etc. (Scotland) Act 1994, ”.

(8)In subsection (3) of section 129 (establishment of Board to conduct examinations, etc.), for “directors of education” substitute “ persons employed by education authorities in an administrative capacity as respects the discharge of their education functions ”.

(9)In subsection (1) of section 135 (interpretation), in the definition of “education authority”, for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(10)In Schedule A1 (appeal committees)—

(a)in paragraph 3—

(i)in sub-paragraph (a), for the words “the education committee of the authority” there shall be substituted the words “ any committee appointed by the authority whose purposes include advising the authority on any matter relating to the discharge of any of their functions as education authority or discharging any of those functions on behalf of such authority ”;

(ii)in sub-paragraph (b), for the words “the education committee of the authority” there shall be substituted the words “ any such committee ”; and

(iii)for the words from “as” to “adviser”, where it thirdly occurs, there shall be substituted the words “ in an administrative or advisory capacity as respects the discharge of their education functions. ”;

(b)in paragraph 4, for the words “the education committee of the authority” there shall be substituted the words “ any committee such as is mentioned in paragraph 3 above ”; and

(c)in paragraph 5, for the words “the education committee of the authority” there shall be substituted the words “ any committee such as is mentioned in paragraph 3 above ”.

The Water (Scotland) Act 1980 (c.45)S

119(1)The 1980 Act shall be amended in accordance with this paragraph.S

(2)Sections 3 to 5 (water authorities and their areas, alterations of limits of supply and maps of such limits) shall cease to have effect.

(3)In section 6(3) (questions arising as respects water authority’s duty to provide supply of wholesome water)—

(a)for “10 or more local government electors in the limits of supply of the water authority” substitute “ any person aggrieved ”; and

(b)for “consulting the authority” substitute “ consultation with that person and with the water authority concerned ”.

(4)In section 9A (prohibition on any charge for water taken to extinguish fires etc.)—

(a)for the words from the beginning to “49” substitute “ Notwithstanding anything in section 9 ”;

(b)the existing words as so amended shall be subsection (1) of the section; and

(c)after that subsection add—

“(2)Subsection (1) above shall not have the effect, where any water is used or made available for any of the purposes mentioned in paragraph (a) or (b) of that subsection, of requiring a reduction in the charges imposed in respect of the provision for other purposes of the supply from which the water is taken.”.

(5)In section 10 (compensation for damage resulting from exercise of powers)—

(a)in subsection (1)—

(i)for “district council” substitute “ local authority ”; and

(ii)the words “or water development board” shall cease to have effect;

(b)in subsection (1A)—

(i)the words “onto agricultural land or forestry land” and “or as the case may be water development board’s” shall cease to have effect; and

(ii)after “communication” insert “ or supply ”;

(c)in subsection (3), for “12” substitute “ 24 ”;

(d)in subsection (5)(e), for “26 of the said Act of 1950” substitute “ 141 of the said Act of 1991 ”; and

(e)subsection (6) shall cease to have effect.

(6)In section 11 (power of Secretary of State on default of water authority or water development board)—

(a)in subsection (1)—

(i)in paragraph (a), the words “or a water development board”; and

(ii)in paragraph (b), the words “or board”;

(b)in subsection (2), the words “or board”;

(c)in subsection (3), the words “or board” wherever they occur;

F202(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F202(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

shall cease to have effect.

(7)In section 13 (supply of water in bulk)—

(a)in subsection (1), the words “or water development board”, in both places where they occur, “or board”, in both places where they occur, and “or area” shall cease to have effect;

F203(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in subsection (3)—

(i)the words “or water development board” and “or area, as the case may be,” shall cease to have effect; and

(ii)for “streets” substitute “ roads ”; and

(d)in subsection (6), the words “or water development board” shall cease to have effect.

(8)Section 15 (power to acquire land), shall cease to have effect.

(9)In section 16 (power to survey land and search for water)—

(a)in subsection (1) the words “or water development board”; and

(b)in each of subsections (2), (3) and (8), the words “or board” wherever they occur,

shall cease to have effect.

(10)In section 17 (acquisition of water rights)—

(a)in subsection (1), the words “or water development board”;

(b)in subsection (2), the words “or water development board” and “or board”;

(c)in subsection (3), the words “or water development board” and, in both places where they occur, “or board”; and

(d)in subsection (4), the words “or water development board”,

shall cease to have effect.

(11)In section 18(1) (compulsory acquisition of land for water works)—

(a)the words “or board”, in both places where they occur, shall cease to have effect; and

F204(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)Section 20 (power to hold and dispose of land), shall cease to have effect.

(13)In section 22 (power to break open roads), the words “or water development board” shall cease to have effect.

(14)In section 23 (power to lay mains)—

(a)in subsection (1), the words “or water development board” shall cease to have effect;

(b)in subsection (2), the words “or board” shall cease to have effect;

(c)in subsection (3)—

(i)the words “or water development board” shall cease to have effect; and

(ii)for “street” substitute “ road ”; and

(d)in subsection (4), for “(1)” substitute “ (1)(a) ”.

(15)In section 25 (power to provide public wells)—

(a)in subsection (1)—

(i)for “district council” substitute “ local authority ”; and

(ii)for “district”, where it secondly occurs, substitute “ area ”; and

(b)in subsection (2)—

(i)for “An islands or district council” substitute “ A local authority ”;

(ii)the words “or district”, where they secondly occur, shall cease to have effect;

(iii)after “but” insert “ where the Secretary of State is the roads authority ”;

(iv)for “the district council” substitute “ the local authority ”; and

(v)for “the roads authority’s” substitute “ his ”.

(16)In section 26 (power to close, or restrict use of, wells)—

(a)for “district council” substitute “ local authority ”; and

(b)in paragraph (a), for “district” substitute “ area ”.

(17)In section 27 (power to close, or restrict use of water from, polluted source)—

(a)in subsection (1)—

(i)for “an islands or district council” substitute “ a local authority ”;

(ii)the words “or district”, where they secondly occur, shall cease to have effect; and

(iii)for “the council” substitute “ they ”; and

(b)in subsection (2), for “council” substitute “ local authority ”; and

(c)in subsection (3)—

(i)for “council”, where that word first occurs, substitute “ local authority ”; and

(ii)for “the council”, where those words secondly and thirdly occur, in each case substitute “ them ”.

(18)In section 28 (water works code)—

(a)in subsection (1), the words “or a water development board”; and

(b)in subsection (2), the words “or water development board”,

shall cease to have effect.

(19)In section 29 (applications of enactments by order)—

(a)in subsection (2), the words “or water development board”; and

(b)in subsection (3), the words “or board”,

shall cease to have effect.

(20)Section 30 (exemption from stamp duty) shall cease to have effect.

(21)In section 32 (power of water undertakers to supply water to water authorities)—

(a)in subsection (1)(b), the words “subject to subsection (2),”; and

(b)subsection (2),

shall cease to have effect.

(22)In section 33 (temporary discharge of water into watercourses)—

(a)in subsection (1), the words “or water development board”, “or their area, as the case may be” and “or board”;

(b)in subsection (3), the words “or water development board” in both places where they occur; and

(c)in each of subsections (4), (6)(b), (7) to (9) and (11), the words “or board” wherever they occur,

shall cease to have effect.

(23)Section 35(4) (charge for water fittings) shall cease to have effect.

(24)In section 38(1) (entry to premises), the words “or water development board” and, in each of paragraphs (a), (c) and (d), “or board”, shall cease to have effect.

(25)Sections 40 (non-domestic water rate) and 41 (levy of non-domestic water rate) shall cease to have effect.

(26)Sections 42 (levy of non-domestic water rate on water works etc.), 43 (levy of non-domestic water rate on shootings and fishings) and 46 (transport hereditaments) shall cease to have effect.

(27)In section 47 (provision as regards certain pre-existing obligations etc.)—

(a)for subsection (1) substitute—

“(1)Subject to section 41A of this Act, no charge shall be fixed, demanded or recovered for a supply of water to premises to which a water authority were, immediately before 16th May 1949, by virtue of any enactment or agreement, under an obligation to provide such a supply free of charge.”;

(b)in subsection (2)—

(i)for “leviable in any area specified in the local enactment” substitute “ , for a period specified in that enactment, leviable in any area so specified ”;

(ii)for “specified therein” substitute “ so specified ”; and

(iii)for the words from “the non-domestic water rate” to the end of the proviso substitute— “any charge payable in the area in question for a supply of water in any period commencing after 31st March 1996 (the

“transfer date” for the purposes of Part II of the Local Government etc. (Scotland) Act 1994 and of this subsection) shall, during the period so specified, bear the same proportion to the charge which (but for this subsection) would be payable for that supply under a charges scheme, as the non-domestic water rate payable there as at the transfer date by virtue of the local enactment and of this subsection (as it had effect on the transfer date) bore to the non-domestic water rate which would otherwise have been payable.”;

(c)in subsection (3)—

(i)for the words from the beginning to “such a supply” substitute— “ Where, by virtue of any enactment or agreement in force immediately before 16th May 1949, a water authority were under an obligation to provide a supply of water to any premises ”; and

(ii)the word “and”, where it first occurs, shall cease to have effect; and

(d)for subsection (7) substitute—

“(7)Nothing in subsection (1) shall be construed as continuing any exemption, and nothing in subsection (3) as continuing any advantage, where under the enactment or agreement in question the obligation which gives rise to the exemption or advantage ceases to exist.”.

(28)Sections 48 (levying of, and exemption from, rates) and 49 (payment for supplies by meter) shall cease to have effect.

(29)In section 54 (register of meter to be evidence)—

(a)subsection (2); and

(b)in subsection (3)(b), the words from “and in the case” to the end,

shall cease to have effect.

(30)In section 55 (terms and conditions on which water supplied)—

(a)in subsection (1), after “conditions” insert “ , other than as respects charges, ”; and

(b)in subsection (4), after “at the” insert “ principal ”.

(31)In section 58 (termination of right to supply of water on special terms)—

(a)in subsection (3), for the words from “under section 49” to “may be,” substitute “ for a supply of water ”;

(b)in subsection (4), for “district council” substitute “ local authority ”;

F205(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)subsection (8) shall cease to have effect.

(32)Sections 60 (requisitions) and 61 (calculation of amount to be requisitioned) shall cease to have effect.

(33)In section 63 (provision of water supply to new buildings and houses)—

(a)after subsection (1) insert—

“(1A)In determining adequacy for the purposes of subsection (1), the local authority shall consult, and have regard to the views of, the water authority within whose limits of supply the building is being erected.”;

(b)in subsection (5), after “section,” insert “ except section (1A), ”; and

(c)subsection (6) shall cease to have effect.

(34)Sections 64 to 67 (provisions as respects duty of house owners to provide supply of wholesome water for domestic purposes, execution of works on failure to do so, recovery of expenses of such execution and limitation of liability for such expenses) shall cease to have effect.

(35)In section 68 (agreements as to drainage)—

(a)in subsection (1)—

(i)the words “or water development board” and (both in the subsection and its proviso) “or board” shall cease to have effect; and

(ii)in paragraph (b), for “regional, islands or district council” substitute “ local authority ”; and

(b)subsection (3) shall cease to have effect.

(36)In section 69(1) (power to restrict use of hosepipes)—

(a)for “within the meaning of section 117(1) of the M116Road Traffic Act 1960” substitute “ as defined in section 1 of the M117Public Passenger Vehicles Act 1981 ”; and

(b)for “within the meaning of section 196 of the M118Road Traffic Act 1972” substitute “ as defined in section 192(1) of the M119Road Traffic Act 1988 ”.

(37)In section 70 (byelaws for preventing misuse of water)—

(a)in subsection (1), the words “or water development board”;

(b)in subsection (2), the words “or board”; and

(c)in subsection (4), the words “or water development board”; and

(d)in the proviso to subsection (4), the words “, or as the case may be the Board,”,

shall cease to have effect.

(38)In section 71 (byelaws for preventing pollution of water)—

(a)in subsection (1), the words “or water development board” shall cease to have effect;

(b)in subsection (2), for “authority or board” substitute “ water authority ”;

(c)in subsection (3)—

(i)for “authority or board” substitute “ water authority ”; and

(ii)for “regional, islands or district council”, in both places where those words occur, substitute “ local authority ”;

(d)in subsection (4), for “authority or board” and “regional, islands or district council” in each case substitute “ local authority ”;

F206(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)in subsection (6), the words “or boards” shall cease to have effect.

(39)In section 72(2) (duty to enforce byelaws), the words “and water development board” shall cease to have effect.

(40)In section 73 (power of Secretary of State to require the making of byelaws)—

(a)in subsection (1), the words “or water development board” and “or board”; and

(b)in each of subsections (2) and (3), the words “or board” wherever they occur,

shall cease to have effect.

(41)In section 76 (acquisition of land for protection of water)—

(a)in subsection (1)—

(i)after “Act” insert “ , or of the Local Government etc. (Scotland) Act 1994, ”

(ii)the words “or water development board” and “or board” shall cease to have effect; and

(iii)after “undertaking” insert “ or functions ”;

(b)in subsection (2), the words “or water development board” and (wherever they occur, both in the subsection and its proviso) “or board” shall cease to have effect;

(c)in subsection (3), the words “or water development board”, “or their area” and “or board” shall cease to have effect; and

(d)in the proviso to subsection (3), the words “or board” and “or the area of that board”, shall cease to have effect.

(42)In section 76F(5) (supplementary regulations in relation to water quality)—

(a)at the beginning insert “ Without prejudice to subsection (7) below, ”; and

(b)after “supplementing the” insert “ foregoing ”.

(43)In section 76H (effect, confirmation and variation of notice under section 76G)—

(a)in subsection (5), for the words from “may” to the end substitute— “—

(a)may, except where the case is one to which paragraph (b) below applies, take that step themselves in accordance with any applicable provision having effect by virtue of section 76I below; and

(b)may, in a case to which this paragraph applies, take that step themselves and for that purpose exercise the powers which a water authority may, under this Act, exercise for the purpose of their water undertaking.”;

(b)after subsection (5) insert—

“(5A)Paragraph (b) of subsection (5) above applies to any case where the local authority are satisfied that the failure arose because the person was unable on reasonable terms to acquire any necessary rights—

(a)to take water from a suitable source;

(b)to lay pipes through any land not belonging to him; or

(c)to do any other work.”; and

(c)in subsection (8), the words from “; and section 65” to the end shall cease to have effect.

(44)In section 76I (incidental powers of local authorities)—

(a)in subsection (1), for “subsection (5)” substitute “ subsections (5) and (6) ”;

(b)in subsection (2), at the beginning insert “Subject to subsection (6) below,”; and

(c)after subsection (5) add—

“(6)The foregoing provisions of this section do not apply as respects, but are without prejudice to the exercise of, a power conferred by section 76H(5)(b) above.”.

(45)In section 76J(1) (regulations as to standards of wholesomeness), for “Part” substitute “ Act ”.

(46)In section 76L(1) (interpretation of Part VIA), the definitions of “local authority” and “wholesome” shall cease to have effect.

(47)Sections 80 to 92 (provisions as regards water development boards) shall cease to have effect.

(48)In section 100 (power to make orders), for subsection (2) substitute—

“(2)Before making, on his own initiative, an order under section 107, the Secretary of State shall consult all water authorities whose limits of supply would be affected by the order.”.

(49)In section 103 (requirement for notices to be in writing)—

(a)for “regional, island or district council” substitute “ local authority ”;

(b)the words “or water development board”, in both places where they occur, shall cease to have effect; and

(c)for “regional, islands or district council” substitute “ local authority ”.

(50)In section 104(1) (appeal against decision of sheriff on any application under the Act), after “Act” insert “ (other than an application under section 23(1A)) ”.

(51)In section 106(4) (recording of awards in arbitration etc.), for “the said Acts” substitute “ this Act ”.

(52)In section 107 (repeal, amendment and adaptation of local enactments)—

(a)in subsection (1)(b), the words “or a water development board” and “or board”; and

(b)in subsection (5), the words “or a water development board”,

shall cease to have effect.

(53)In section 109 (interpretation)—

(a)in subsection (1)—

(i)the definitions of “the 1992 Act”, “apportionment scheme”, “apportionment note”, “Central Board”, “constituent water authority”, “contributing authority”, “council water charge”, “net annual value” and “part residential subjects” shall cease to have effect;

F207(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F207(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)in the definition of “owner”, the words “, save in sections 64 to 67,” shall cease to have effect;

F207(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)at the end add—

““wholesome” and cognate expressions shall be construed subject to the provisions of any regulations made under section 76J”; and

(b)in subsection (3), the words “and water development board” shall cease to have effect.

(54)In Schedule 1 (procedure for making orders and making and confirming bylaws)—

(a)in paragraph 2—

(i)in sub-paragraph (i), for “regional council, district council and water development board” substitute “ and local authority ”; and

F208(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraph 3, the words “and the area of the water development board” shall cease to have effect;

(c)in paragraph 11—

(i)for “regional council, district council and water development board” substitute “ and local authority ”; and

(ii)the words “where the river purification authority are not the same authority as the water authority” shall cease to have effect;

(d)in paragraph 12, the words “and the area of the board” shall cease to have effect;

(e)in paragraph 13, the words “not exceeding 10 pence” shall cease to have effect;

(f)in paragraph 14, the words “or board” shall cease to have effect;

(g)in paragraph 17, the words “or board” and “or boards” shall cease to have effect;

(h)in paragraph 19—

(i)the words “or water development board”, in both places where they occur and “or area” shall cease to have effect;

(ii)for “regional council, district council and water development board” substitute “ and local authority ”; and

F208(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)in paragraph 20, the words “or water development board” shall cease to have effect;

(j)in paragraph 23, the words “or board” and “or boards” shall cease to have effect;

(k)in each of paragraphs 24, 26 and 27, the words “or water development board” shall cease to have effect;

(l)in paragraph 25(b), for “council of every region or district” substitute “ local authority for any area ”;

(m)in paragraph 30, the words “or water development board” and “or board” shall cease to have effect; and

(n)in paragraph 31—

(i)for “the proper” substitute “ a duly authorised ”; and

(ii)the words “or board”, in both places where they occur, shall cease to have effect.

(55)In Schedule 2 (orders authorising compulsory acquisition of land), in each of paragraphs 4 and 6, the words “or water development board” wherever they occur shall cease to have effect.

(56)In Schedule 3 (provisions as to breaking open roads and laying communication and supply pipes)—

(a)in paragraph 1, the words “and water development board”, “within their limits of supply or area” and from “and outside” to “removing mains” where they secondly occur, shall cease to have effect;

(b)in paragraph 2(2), the words “or board”, in both places where they occur, shall cease to have effect;

(c)in paragraph 4(1), the words “within their limits of supply” and “within the said limits” shall cease to have effect;

(d)in paragraph 5—

(i)the words “within the limits of supply” shall cease to have effect; and

(ii)for the words “the authority”, where they first occur, substitute “ any water authority ”; and

(e)paragraph 8 shall cease to have effect.

(57)In Schedule 4 (provisions to be incorporated in orders relating to water undertakings)—

(a)in section 24(2)—

(i)for “regional islands or district council or roads” substitute “ local ”; and

(ii)at the end add “or, in relation to roads for which the Secretary of State is roads authority, between the Secretary of State and the undertakers”;

(b)in section 40, for “24” substitute “ 48 ”; and

(c)in section 46, for “clerk of the local authority of every district” substitute “ local authority for every area ”.

(58)Schedules 7 (procedure for making certain orders) and 8 (further provisions as regards water development boards) shall cease to have effect.

Textual Amendments

Commencement Information

I24Sch. 13 para. 119 partly in force; Sch. 13. para. 119 not in force at Royal Assent see s. 184(2); Sch. 13. para. 119(1)(5)(d)(7)(c)(ii)(34)(36)(42)-(45)(51)(53)(a)(iv)(vi) in force and Sch. 13 para. 119(46) in force for specified purposes at 4.1.1995 by S.I. 1994/2850, art. 3(c)(x); Sch. 13 para. 119 (other than sub-paragraphs (54)(a)(ii)(h)(iii)) in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

Marginal Citations

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

120(1)The Local Government, Planning and Land Act 1980 shall be amended in accordance with this paragraph.S

(2)In section 2(1) (duty of authorities to publish information)—

(a)in paragraph (g), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(b)in paragraph (h)—

(i)for “committee” substitute “ board ”; and

(ii)after “that Act” insert “ or section 147 of the M120Local Government (Scotland) Act 1973 ”; and

(c)in paragraph (k)—

(i)for “committee” substitute “ board ”; and

(ii)for “or 21A” substitute “ , 20 or 21B ”.

(3)In section 8(1) (meaning of “functional work”), in paragraph (b)(iv), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 20(1) (interpretation of Part III), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5)In section 120(3) (compulsory acquisition: exclusion of special parliamentary procedure), in the definition of “local authority”, in paragraph (c), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In section 148 (planning control)—

(a)in subsection (1), for the words from “regional” to “areas” substitute “ planning authority within whose area ”; and

(b)in subsection (2), the words “exercising district planning functions” shall cease to have effect.

(7)In section 165(9)(b) (power to transfer undertaking), for “a regional council and a district council” substitute “ any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 other than the councils for Orkney Islands, Shetland Islands and Western Isles ”.

Marginal Citations

The Public Passenger Vehicles Act 1981 (c.14)S

121(1)The Public Passenger Vehicles Act 1981 shall be amended in accordance with this paragraph.S

(2)In section 5(3) (publication of information by traffic commissioners), in paragraph (b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 14A(4)(b) (objections to application for PSV operator’s licence), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 82(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5)In Schedule 1 (public service vehicles: conditions affecting status or classification), in paragraph 2(2)(b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Animal Health Act 1981 (c.22)S

122SIn section 50(3) of the Animal Health Act 1981 (local authorities for purposes of Act), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Finance Act 1981 (c.35)S

123SIn section 107(3)(b) of the Finance Act 1981 (sale of houses at discount by local authorities etc.), for “regional, district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Zoo Licensing Act 1981 (c.37)S

124SIn section 1(3)(b) of the Zoo Licensing Act 1981 (licensing of zoos by local authorities), for “islands councils and district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Wildlife and Countryside Act 1981 (c.69)S

125(1)The Wildlife and Countryside Act 1981 shall be amended in accordance with this paragraph.S

(2)In section 27(1) (interpretation of Part I), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Civil Aviation Act 1982 (c.16)S

126(1)The Civil Aviation Act 1982 shall be amended in accordance with this paragraph.S

(2)In section 30 (provision of aerodromes and facilities at aerodromes by local authorities)—

(a)in subsection (1)—

(i)the words “, other than a district council in Scotland,”; and

(ii)the words from “and a” to “above”,

shall cease to have effect; and

(b)in subsection (2), the words “, other than a district council in Scotland,” shall cease to have effect.

(3)In section 36(4)(b) (meaning of “relevant authority” for purposes of section), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 88(10) (application and interpretation of section), the words “, other than a district council in Scotland,” shall cease to have effect.

(5)In section 105(1) (general interpretation), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Stock Transfer Act 1982 (c.41)S

127SIn Schedule 1 to the Stock Transfer Act 1982 (specified securities), in paragraph 7(2), for head (b) substitute—

“(b)any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

The Local Government and Planning (Scotland) Act 1982 (c.43)S

128(1)The Local Government and Planning (Scotland) Act 1982 shall be amended in accordance with this paragraph.S

(2)For section 9 (re-allocation of responsibility for certain local authority functions relating to the countryside) substitute—

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

Part II of Schedule 1 to this Act (amendment of certain enactments relating to the countryside) shall continue to have effect.”.

(3)In section 14 (islands or district council’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities)—

(a)in subsection (1), for “an islands or district council” substitute “ a local authority ”;

(b)in subsection (2), the words “regional or islands council as” shall cease to have effect; and

F210(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 15(2) (local authority’s powers in relation to provision of recreational, sporting etc. facilities), for “An islands or district council” substitute “ A local authority ”.

(5)In section 16 (provisions supplementary to section 15)—

(a)in subsection (1)—

(i)for “an islands or district council” substitute “ a local authority ”;

(ii) for paragraph (b) substitute—

“(b)maintain a body for the promotion of a recreational, sporting, cultural or social activity;”; and

(iii)in each of paragraphs (c), (g)(ii) and (k)(ii), for “council”, wherever it occurs, substitute “ authority ”; and

(b)in subsection (2)—

(i)for “an islands or district council” substitute “ a local authority ”; and

(ii)in paragraph (a), for “council” substitute “ authority ”.

(6)For section 17 (power of regional council to contribute towards provision of recreational etc. facilities) substitute—

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

(1)A local authority may contribute by way of grant or loan towards the expenses of any organisation or body which, in the opinion of the authority, provides or promotes the provision of cultural activities or facilities whether inside or outside the area of the local authority concerned.

(2)Without prejudice to the generality of subsection (1) above, the power conferred by that subsection includes power to make such contribution as will support or promote music, theatre, dance, opera, visual art or other art forms and museums and galleries.”.

(7)In section 18 (byelaws in relation to recreational, sporting etc. activities)—

(a)in subsection (1)—

(i)for “an islands or district council” substitute “ a local authority ”; and

(ii)for “council” substitute “ authority ”;

(b)in subsection (2)(b), for “council” substitute “ local authority ”; and

(c)in subsection (3), for “council”—

(i)where it first occurs, substitute “ local authority ”; and

(ii)where it secondly occurs, substitute “ authority ”.

(8)In section 24(1) (provision of gardening assistance for certain persons), for “An islands or district council” substitute “ A local authority ”.

(9)In section 25 (local authority’s functions in relation to cleansing of land)—

(a)in subsection (2), for “An islands or district council” substitute “ A local authority ”; and

(b)in subsection (3), for “islands or as the case may be district council” substitute “ local authority ”.

(10)In section 26(1) (local authority’s functions in relation to the provision of public conveniences), for “An islands or district council” substitute “ A local authority ”.

(11)In section 27 (local authority’s functions in relation to provision of a market)—

(a)in subsection (1)—

(i)for “An islands or district council” substitute “ A local authority ”; and

(ii)in paragraph (b)(i), for “council” substitute “ authority ”;

(b)in subsection (3), for “An islands or district council” substitute “ A local authority ”; and

(c)in subsection (4), the words from “Without” to “Act” shall cease to have effect.

(12)In section 28 (local authority’s functions in relation to the provision of clocks)—

(a)for “An islands or district council” substitute “ A local authority ”; and

(b)in paragraph (b), for “council” substitute “ authority ”.

(13)In section 30(1), for the words from “an islands” to “may”, where it first occurs, substitute “ a local authority may, with the consent of the roads authority ”.

(14)In section 67 (interpretation), immediately before the definition of “the 1972 Act” insert—

“ “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; ”.

(15)Part I of Schedule 1 (which re-allocates certain functions relating to the countryside) shall cease to have effect.

Textual Amendments

The Civic Government (Scotland) Act 1982 (c.45)S

129(1)The Civic Government (Scotland) Act 1982 shall be amended in accordance with this paragraph.S

(2)In section 2 (licensing authorities)—

(a)in subsection (1), for “each district and islands area” substitute “ the area of each local authority ”; and

(b)in each of subsections (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”.

(3)In section 45 (control of sex shops)—

(a)in subsection (1), for “district or islands council” substitute “ local authority ”; and

(b)in subsection (2)—

(i)for “district or islands council” substitute “ local authority ”; and

(ii)for “council’s” substitute “ authority’s ”.

(4)In section 62 (notification of processions)—

(a)in subsection (1)—

(i)for “regional or islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

(b)in each of subsections (2), (4), (7), (9) and (11), for “regional or islands council”, wherever it occurs, substitute “ local authority ”;

(c)in subsection (6)—

(i)for “regional or islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly occurs, substitute “ authority ”; and

(d)in subsection (12), in the definition of “chief constable”—

(i)for “regional or islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly occurs, substitute “ authority ”.

(5)In section 63 (functions of authorities in relation to processions), in each of subsections (1), (1A)(a), (3) and (4), for “regional or islands council”, wherever it occurs, substitute “ local authority ”.

(6)In section 64 (appeals against orders under section 63)—

(a)in subsection (4), for “regional or islands council” substitute “ local authority ”;

(b)in subsection (6)—

(i)in paragraph (a)(i), for “regional or islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly and thirdly occurs, substitute “ authority ”; and

(c)in subsection (7), for “council” substitute “ authority ”.

(7)In section 87 (local authorities’ powers in relation to buildings in need of repair), subsection (6) shall cease to have effect.

(8)In section 89 (safety of platforms etc.), subsection (10) shall cease to have effect.

(9)In section 90 (lighting of common stairs etc.)—

(a)in each of subsections (2), (3), (4), (5), (6), (7), (8) and (9), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b)in each of subsections (8) and (9), for “council”, where it secondly occurs, substitute “ authority ”.

(10)In section 91 (installation of lights in private property)—

(a)in subsection (1)—

(i)for “district or islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly occurs, substitute “ authority ”;

(b)in subsection (2), for “district or islands council” substitute “ local authority ”; and

(c)in subsection (3)—

(i)for “district or islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly and thirdly occurs, substitute “ authority ”.

(11)In section 92 (cleaning and painting of common stairs etc.)—

(a)in each of subsections (2), (3), (4), (6), (7) and (8), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b)in subsection (8), for “council”, where it secondly and thirdly occurs, substitute “ authority ”.

(12)In section 94 (disused petrol containers)—

(a)in subsection (2), for “regional or islands council” substitute “ local authority ”; and

(b)in subsection (3)—

(i)for “regional or islands council” substitute “ local authority ”; and

(ii)for “council”, where it secondly occurs, substitute “ authority ”.

(13)In section 95 (private open spaces), in each of subsections (2) and (3)(b), for “district or islands council” substitute “ local authority ”.

(14)In section 96(1) (statues and monuments)—

(a)for “district or island council” substitute “ local authority ”; and

(b)for “council”, where it secondly occurs, substitute “ authority ”.

(15)In section 97 (street names and house numbers), for “district or islands council” substitute “ local authority ”.

(16)In section 119 (regulation of charitable collections)—

(a)in each of subsections (1), (3), (4), (5), (6), (7), (8), (9), (10)(a) and (b) and (12), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b)in subsection (3), for “council”, where it secondly occurs, substitute “ authority ”.

(17)In section 120 (savings for Crown and other rights), for “district or islands council” substitute “ local authority ”.

(18)In section 121 (control of the seashore, adjacent waters and inland waters)—

(a)in each of subsections (1), (3), (4), (5)(a) and (c), (6), (7), (8), (9), (10) and (11), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(b)in subsection (7), for “council”, where it secondly occurs, substitute “ authority ”.

(19)In section 122 (power to execute works on seashore)—

(a)in each of subsections (1), (3), (4) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(b)in subsection (2)—

(i)in paragraph (a), for “council” substitute “ local authority ”; and

(ii)in paragraph (b)—

(A)after sub-paragraph (i) insert “ and ”;

(B)in sub-paragraph (ii), for “the district council” substitute “ any local authority other than the authority for Orkney Islands, Shetland Islands or Western Isles ”; and

(C)sub-paragraph (iii) and the word “and” immediately preceding it shall cease to have effect;

(c)in subsection (5), for “council”, where it secondly occurs, substitute “ local authority ”.

(20)In section 123 (interpretation of sections 120 to 122)—

(a)in subsection (1), in the definition of “adjacent waters”, in paragraph (b), for “district council” substitute “ local authority ”; and

(b)in subsection (2), after the words “purposes of”, where they secondly occur, insert “ giving notice or, as the case may be, ”.

(21)In section 133 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(22)In Schedule 2 (control of sex shops)—

(a)in each of paragraphs 3, 4, 5(1), (3), (4), (5), (6), (7) and (8), 7(2), (7), (8) and (10) and 8(1), (2), (3), (4), (5), (6), (7) and (8), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(b)in paragraph 6—

(i)in sub-paragraph (1), for “district or islands council” substitute “ local authority ”; and

(ii)in sub-paragraph (6), for “islands or district council” substitute “ local authority ”;

(c)in paragraph 9—

(i)in sub-paragraphs (1), (2), (4) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii)in sub-paragraphs (3)(g) and (h), for “council”, in each place where it occurs, substitute “ local authority ”;

(d)in paragraph 10—

(i)in sub-paragraphs (1), (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii)in sub-paragraph (3), for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

(e)in paragraph 12(1), (2)(b), (3), (4) and (6) for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(f)in paragraph 13—

(i)in sub-paragraphs (1), (2), (4), (5), (6), (7), (8), (9) and (10), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii)in sub-paragraphs (6) and (9), for “council”, where it secondly occurs in each of those paragraphs, substitute “ authority ”;

(g)in paragraph 14—

(i)in sub-paragraph (1), for “islands or district council” substitute “ local authority ”; and

(ii)in sub-paragraphs (2), (3), (4), (5), (6) and (7), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(h)in paragraph 15—

(i)in sub-paragraphs (1), (2), (3) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(ii)in sub-paragraph (2)(b), for “council” substitute “ authority ”; and

(iii)in sub-paragraph (3), for “council”, where it secondly occurs, substitute “ local authority ”;

(i)in paragraph 16(1), (2), (3) and (4), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(j)in paragraph 17—

(i)in sub-paragraphs (1), (2) and (4), for “district or islands council”, wherever it occurs, substitute “ local authority ”; and

(ii)in sub-paragraph (4), for “council”, where it secondly occurs, substitute “ authority ”;

(k)in paragraph 18—

(i)in sub-paragraphs (1) and (2), for “district or islands council” substitute “ local authority ”;

(ii)in sub-paragraph (1), for “council”, where it secondly occurs, substitute “ authority ”; and

(iii)in sub-paragraph (2), for “council”, where it secondly and thirdly occurs, substitute “ authority ”;

(l)in each of paragraphs 19(8) and 20(1), (3) and (5), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(m)in paragraph 22—

(i)for “district or islands council” substitute “ local authority ”; and

(ii)for “its” substitute “ their ”;

(n)in paragraph 23—

(i)in sub-paragraphs (1), (2) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(ii)in sub-paragraph (2), for “council”, where it secondly occurs, substitute “ authority ”; and

(iii)in sub-paragraph (4)(c), for “council” substitute “ local authority ”;

(o)in paragraph 24—

(i)in sub-paragraphs (1), (2)(a), (3), (6), (7) and (9), for “district or islands council”, wherever it occurs, substitute “ local authority ”;

(ii)in sub-paragraph (6), for “council”, where it secondly, thirdly and fourthly occurs, substitute “ authority ”; and

(iii)in sub-paragraph (9)(b), for “council” substitute “ authority ”; and

(p)in paragraph 25(1) and (3), for “district or islands council”, wherever it occurs, substitute “ local authority ”.

Commencement Information

I25Sch. 13 para. 129 wholly in force at 1.4.1996; Sch. 13. para. 129 not in force at Royal Assent see s. 184(2); Sch. 13. para. 129(1)(20)(b) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(xi); Sch. 13 para. 129 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

The Representation of the People Act 1983 (c.2)S

130(1)The Representation of the People Act 1983 shall be amended in accordance with this paragraph.S

(2)In section 8 (registration officers), for subsection (3) substitute—

“(3)In Scotland, every local authority shall appoint an officer of the authority for their area or for any adjoining area, or an officer appointed by any combination of local authorities, to be registration officer for any constituency or part of a constituency which is situated within their area.”.

(3)In section 25 (returning officers: Scotland)—

(a)in subsection (1)—

(i)for “region or islands”, in both places where it occurs, substitute “ local government ”; and

(ii)for “regional or islands council” substitute “ local authority for that area ”;

(b)in subsection (2)—

(i)for the words from “The council” where they first occur, to “area”, where it first occurs, substitute “ Every local authority ”;

(ii)for “that region or islands” substitute “ their ”; and

(iii)for “council”, where it secondly occurs, substitute “ authority ”; and

(c)subsection (3) shall cease to have effect.

(4)In section 31(2) (polling districts in Scotland)—

(a)for “regional or islands”, where it first occurs, substitute “ local authority ”;

(b)for “regional or islands council” substitute “ local authority ”;

(c)for “division” substitute “ ward ”; and

(d)the words from “and for” to “polling district”, where it secondly occurs, shall cease to have effect.

(5)In section 52(4)(b) (provision of officers of local authority to assist registration officer), for the words from “the” to “area” substitute “ every local authority ”.

(6)In section 82(4)(b) (declaration as to election expenses), for “regional, islands or district council” substitute “ local authority ”.

(7)In section 96(3)(b) (meeting rooms for local election meetings), for the words from “the council” to “district” substitute “ a local authority ”.

(8)In section 204 (general application to Scotland)—

(a)in the definition of “electoral area”, the words “division or” shall cease to have effect;

(b)for the definition of “local authority” substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(c)for the definition of “local government area” substitute—

““local government area” means the area of a local authority;”.

(9)In Schedule 5 (use for parliamentary election meetings of rooms in school premises and of meeting rooms), in paragraph 6(b), for “the council of every islands area and district” substitute “ every local authority ”.

The Level Crossings Act 1983 (c.16)S

131SIn section 1(11) of the Level Crossings Act 1983 (safety arrangements at level crossings: interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Litter Act 1983 (c.35)S

132(1)The Litter Act 1983 shall be amended in accordance with this paragraph.S

(2)In section 4 (consultation and proposals for abatement of litter), for subsection (4) substitute—

“(4)In Scotland, it shall be the duty of each local authority to consult from time to time with such voluntary bodies as the local authority consider appropriate and as agree to participate in the consultations about the steps which the authority and each of the bodies with which they consulted are to take for the purpose of abating litter in the authority’s area; and it shall be the duty of the local authority—

(a)to prepare and from time to time revise a statement of the steps which the authority and each of the bodies agree to take for the purpose,

(b)to take such steps as in their opinion will give adequate publicity in their area to the statement, and

(c)to keep a copy of the statement available at their principal office for inspection by the public free of charge at all reasonable hours.

(4A)In subsection (4) above “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.

(3)In section 8(7) (interpretation of sections 7 and 8), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Telecommunications Act 1984 (c.12)S

133(1)The Telecommunications Act 1984 shall be amended in accordance with this paragraph.S

(2)In section 97(3)(b) (contributions by local authorities towards provision of facilities: interpretation), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

F211(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Road Traffic Regulation Act 1984 (c.27)S

134(1)The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph.S

(2)In section 19(3)(b) (local authority in Scotland empowered to regulate use of roads by public service vehicles), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 26 (arrangements for patrolling school crossings)—

(a)in subsection (2), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(b)in subsection (4)—

(i)the letter “(a)”; and

(ii)paragraph (b) and the word “and” immediately before it,

shall cease to have effect; and

(c)in subsection (5)—

(i)the letter “(a)”;

(ii)paragraph (b) and the word “or” immediately before it; and

(iii)the words “or, in Scotland, the district council”,

shall cease to have effect.

(4)In section 32(4)(a) (meaning of certain expressions for purposes of sections 33 to 41), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5)In section 37(1)(b) (orders made by local authorities in Scotland for purposes of general scheme of traffic control), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In section 44(1)(b) (control of off-street parking), for the words from “regions” to “council” substitute “ local authority areas, by the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for the area ”.

(7)In section 45(7)(c) (meaning of “local authority” for purposes of sections 45 to 55), for “the regional or islands council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(8)In section 100(5)(c) (meaning of “local authority” in Scotland for purposes of section), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(9)In section 121A(4) (traffic authorities), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Roads (Scotland) Act 1984 (c.54)S

135(1)The Roads (Scotland) Act 1984 shall be amended in accordance with this paragraph.S

(2)In section 9(1)(e) (supplementary orders relating to special roads)—

(a)for “regional council”, in both places where it occurs, substitute “ local authority ”; and

(b)after “that”, where it secondly occurs, insert “ special road ”.

(3)In section 55(3) (arrangements for provision of meals etc. on picnic sites), for “regional, islands or district council” substitute “ local authority ”.

(4)In section 93(3)(a) (protection of road users from dangers near a road), for the words from “ratepayer” to “islands” substitute “ person, being a ratepayer or person liable to pay council tax within their ”.

(5)In section 95(2) (recovery of expenses by road authority where contravention of section), the words “or by the district council” shall cease to have effect.

(6)In section 97(6) (trading: meanings of certain expressions)—

(a)in the definition of “relevant public market”, in paragraph (b), for “regional, islands, or district council” substitute “ local authority ”; and

(b)in the proviso to that definition, for “council”, in both places where it occurs, substitute “ local authority ”.

(7)In section 113(1)(c) (transfer of property and liabilities in connection with special roads etc.), for “regional council” substitute “ local authority ”.

F212(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In section 143(2)(a)(ii) (procedure for orders), after “section 8” insert “ 113A ”.

(10)In section 151 (interpretation)—

(a)in subsection (1)—

(i)in the definition of “local authority”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(ii)in the definition of “maintenance”, in paragraph (b), for “an islands or district council” substitute “ a local authority ”;

(iii)in the definition of “roads authority”—

(A)for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(B)for “council”, where it secondly occurs, substitute “ local authority ”;

F213(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in subsection (3)(c), for “an islands or district council” substitute “ a local authority ”.

(11)In Schedule 1 (procedures for making or confirming certain orders and schemes)—

(a)in paragraph 3, in the Table—

(i)in entry (i), in column 2, for the words from “The council” to “in which” substitute “ Every local authority in whose area ”;

(ii)in entry (iii), in column 2, for the words from “The council” to “district” substitute “ Every local authority ”;

(iii)in entry (v), in column 2, for the words from “The council” to “which” substitute “ Every local authority in whose area ”; and

(iv)in entry (vii), in column 2, for the words from “The council” to “which” substitute “ Every local authority in whose area ”; and

(b)in paragraph 10(a), for the words from “the council” to “district” substitute “ every local authority ”.

Textual Amendments

F213SCh. 13 para. 135(10)(a)(iv)(v) repealed (1.4.2002) by 2002 asp 3, s. 71, Sch. 7 para. 23(g)(x) (with s. 67); S.S.I. 2002/118, art. 2(3)

The Foster Children (Scotland) Act 1984 (c.56)S

136SIn section 21(1) of the Foster Children (Scotland) Act 1984 (interpretation), in the definition of “local authority”, for the words from “the” to “area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Rent (Scotland) Act 1984 (c. 58)S

137(1)The Rent (Scotland) Act 1984 shall be amended in accordance with this paragraph.S

(2)In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.)—

(a)in paragraph (a) for—

(i)“regional, islands or district council”, in both places where it occurs; and

(ii)“an islands or district council”,

substitute “ local authority ”; and

F214(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 43(1) (registration areas for purposes of Part V), for “districts and islands areas” substitute “ areas of local authorities ”.

(4)In section 62(1) (registration areas for purposes of Part VII), for “districts and islands areas” substitute “ areas of local authorities ”.

(5)In section 63(4) (bodies for purposes of subsection (3)(b)), for paragraph (a) substitute—

“(a)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;

(aa)a water authority or sewerage authority;”.

(6)In section 115(1) (interpretation)—

(a)in the definition of “local authority”, for “an islands council or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

F215(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F215(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Cinemas Act 1985 (c.13)S

138SIn section 21(1) of the Cinemas Act 1985 (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Child Abduction and Custody Act 1985 (c.60)S

139SIn section 27(3)(b) of the Child Abduction and Custody Act 1985 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Water (Fluoridation) Act 1985 (c.63)S

140(1)The Water (Fluoridation) Act 1985 shall be amended in accordance with this paragraph.S

(2)In section 1 (fluoridation of water supplies at request of health authority)—

(a)in subsection (6), after “conferred by” insert “ subsections (1) to (5) of ”; and

(b)in subsection (7), for “water undertaker in exercise of the power conferred by section 87 of the M121Water Industry Act 1991” substitute “ water undertaker (within the meaning of the Water Industry Act 1991) in exercise of the power conferred by section 87 of that Act; and where a water undertaker (within that meaning) is operating a fluoridation scheme by virtue of Schedule 7 to that Act, subsection (6) shall apply in relation to the scheme as that subsection applies, by virtue of the foregoing provisions of this subsection, to fluoridation in exercise of the power so conferred. ”.

(3)Section 3 (continuity of existing fluoridation schemes) shall cease to have effect.

(4)In section 4 (publicity and consultation)—

(a)in subsection (1), for paragraphs (a) and (b) substitute “ to make or withdraw an application ”;

(b)in subsection (2), for paragraph (b), substitute—

“(b)give notice of the proposal to—

(i)the Customers Council; and

(ii)every local authority whose area falls wholly or partly within the area affected by the proposal.”;

F216(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in subsection (6), the words “or to terminate a preserved scheme” and in subsection (7) the words “or terminate a preserved scheme” shall cease to have effect.

(5)In section 5 (interpretation)—

F216(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the definition of “local authority” (and the word “and” immediately following that definition) substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;”; and

(c)for the definition of “statutory water undertaker” substitute—

““statutory water undertaker” means a water authority; and

“water authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”.

Textual Amendments

Marginal Citations

The Transport Act 1985 (c.67)S

141SIn section 93 of the Transport Act 1985 (travel concession schemes)—

(a)in subsection (8)(b)—

(i)after “also” insert “—

(i)”; and

(ii)after “authority” insert “; and

(ii)in relation to Scotland, Strathclyde Passenger Transport Authority”; and

(b)in subsection (9)—

(i)in paragraph (a), after “paragraph (b)” insert “ or (c) ”; and

(ii)in paragraph (b), after “jointly” insert “; or

(c)where the authority or one of the authorities concerned in establishing the scheme are Strathclyde Passenger Transport Authority, to Strathclyde Passenger Transport Executive or (as the case may require) to that Executive and the other authority or authorities so concerned acting jointly.”.

The Housing Act 1985 (c.68)S

142(1)The Housing Act 1985 shall be amended in accordance with this paragraph.S

F217(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In Schedule 4 (qualifying period for right to buy and discount)—

(a)in paragraph 7(2), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)in paragraph 7A(1)(b), for “an islands or district council” substitute “ a local housing authority ”.

Textual Amendments

The Housing Associations Act 1985 (c.69)S

143(1)The Housing Associations Act 1985 shall be amended in accordance with this paragraph.S

(2)In section 59(1) and (2) (powers of local authorities to promote and assist housing associations: Scotland), the words “or regional council”, wherever they occur, shall cease to have effect.

(3)In section 104 (local housing authorities)—

(a)in subsection (1)(b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)in subsection (2)(b), for the words from “islands” to “be” substitute “ area of a council mentioned in subsection (1)(b) above ”.

(4)In section 106(2) (minor definitions), in the definition of “local authority”, for “an islands council or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Weights and Measures Act 1985 (c.72)S

144SIn section 69(3) of the Weights and Measures Act 1985 (local weights and measures authorities: Scotland), for the words from “each” to “council” substitute “ the area of each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the council for that area ”.

The Local Government Act 1986 (c.10)S

145SIn section 6(2)(b) of the Local Government Act 1986 (interpretation and application of Part II), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Civil Protection in Peacetime Act 1986 (c.22)S

146SIn section 1(1) of the Civil Protection in Peacetime Act 1986 (application of Act)—

(a)after “that Act” insert “ including, by virtue of section 4A of that Act, any two or more local authorities jointly and a joint board and joint committee ”; and

(b)after “authority”, where it thirdly occurs, insert “ or, as the case may be, the local authorities, joint board or joint committee ”.

The Airports Act 1986 (c.31)S

147SIn section 12(1) of the Airports Act 1986 (interpretation of Part II), in the definition of —

(a)“local authority”, in paragraph (b), for the words from “has” to “1973” substitute “ means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)“principal council”, in paragraph (b), for “regional or islands council” substitute “ local authority ”.

The Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)S

148(1)The Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended in accordance with this paragraph.S

(2)In section 2(9) (rights of authorised representatives of disabled persons: definitions), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 16 (interpretation), in the definition of “local authority”, in paragraph (b)—

(a)for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(b)the words “, as read with section 2,” shall cease to have effect; and

(c)after “Act” insert “ or any of the enactments mentioned in section 5(1B) of that Act ”.

The Parliamentary Constituencies Act 1986 (c.56)S

F218150S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F104Exclusion from valuation roll of fishings and fish counters]S

151(1)The Debtors (Scotland) Act 1987 shall be amended in accordance with this paragraph.S

(2)In each of sections 1(5)(e) (competence of time to pay direction) and 5(4)(e) (competence of time to pay order), after sub-paragraph (ii) (and before the word “or” immediately following that sub-paragraph), insert—

“(iia)a collecting authority (within the meaning of section 79 of the Local Government etc. (Scotland) Act 1994) in respect of any charges payable to them by virtue of that section;”.

(3)In section 106 (interpretation), for the definition of “summary warrant” substitute—

““summary warrant” means a summary warrant granted under or, as the case may be, by virtue of—

(a)paragraph 7 of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

(b)paragraph 2 of Schedule 8 to the M122Local Government Finance Act 1992;

(c)paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994; or

(d)any of the enactments mentioned in Schedule 4 to this Act;”.

(4)In paragraph 35 of Schedule 5 (interpretation), in the definition of “creditor”, after paragraph (e) add— “; and

(f)for the purposes of paragraph 2 of Schedule 10 to the Local Government etc. (Scotland) Act 1994, the collecting authority (within the meaning of section 79 of that Act).”.

Marginal Citations

The Housing (Scotland) Act 1987 (c.26)S

152(1)The Housing (Scotland) Act 1987 shall be amended in accordance with this paragraph.S

(2)In section 61 (secure tenant’s right to purchase)—

(a)in subsection (2)(a), for sub-paragraphs (i) and (ii) substitute—

“(i)a local authority, or a joint board or joint committee of two or more local authorities, or the common good of a local authority or any trust under the control of a local authority; or

(iia)a water authority or sewerage authority;”;

(b)in subsection (11)(a)—

(i)for “a regional, islands or district council” substitute “ any local authority ”;

(ii)the words “council or”, where they first occur, shall cease to have effect; and

(iii)for “council”, where it thirdly and fourthly occurs, substitute “ authority ”; and

F219(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 64(6) (conditions of sale: houses in designated rural areas), for “islands or district council”, in both places where it occurs, substitute “ local authority ”.

(4)In section 70 (power to refuse to sell certain houses required for educational purposes)—

(a)in subsection (1), for “an islands” substitute “ a ”; and

(b)after subsection (2) insert—

“(3)In this section “council” means the local authority for Orkney Islands, Shetland Islands or Western Isles.”.

(5)In section 212(4) (authorities empowered to give rent increase notices)—

(a)in paragraph (a), for “regional, islands or district council” substitute “ local authority ”; and

(b)in paragraph (e), the words “or a water development board” shall cease to have effect.

(6)In section 300(1)(a) (meaning of “public sector authority”), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(7)In section 338(1) (interpretation)—

(a)for the definition of “local authority” substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and the district of a local authority means the area of such a council;”;

F220(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F220(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F221(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F221Sch. 13 para. 152(8) repealed (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 21; S.S.I. 2002/321, art. 2, Sch. Table (subject to transitional provisions and savings in arts. 3-5)

The Fire Safety and Safety of Places of Sport Act 1987 (c.27)S

153SIn section 41 of the Fire Safety and Safety of Places of Sport Act 1987 (interpretation), in the definition of “local authority”, in paragraph (d), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Access to Personal Files Act 1987 (c.37)S

F222154S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Income and Corporation Taxes Act 1988 (c.1)S

155SIn section 842A(3) of the Income and Corporation Taxes Act 1988 (local authorities)—

(a)for paragraphs (a), (b) and (c) substitute—

“(a)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(b)in paragraph (e), for the words from “falling” to the end substitute “ such as is mentioned in paragraph (a) above ”.

The Gas Act 1986 (c.44)S

Prospective

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

The Local Government Act 1988 (c.9)S

156(1)The Local Government Act 1988 shall be amended in accordance with this paragraph.S

(2)In section 1 (interpretation)—

(a)in subsection (1)—

(i)after paragraph (h) insert “ and ”; and

(ii)paragraph (k) and the word “and” immediately preceding it shall cease to have effect; and

(b)in subsection (3)(a) for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 2 (defined activities), after subsection (9) insert—

“(10)Without prejudice to his powers to make orders or regulations under any other provision of this Part of this Act, the Secretary of State may by order provide that, from 31st March 1995 or such later date as may be specified in the order until such date as may be so specified, being a date not later than 31st December 2001, the provisions of this Part of this Act shall apply in relation to local authorities subject to such modifications as may be so specified.”.

(4)In section 15 (orders, regulations etc.), in each of subsections (2) and (5), after “section 2(9)” insert “ or 2(10) ”.

(5)In section 24(6) (interpretation of Part III of Act), in the definition of—

(a)“local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)“local housing authority”, in paragraph (b), for “an islands or district council” substitute “ a local authority ”.

(6)In Schedule 2 (public supply or works contracts: the public authorities)—

(a)after the entry relating to the Peak Park Joint Planning Board insert— “ The Strathclyde Passenger Transport Authority. ”; and

(b)for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Commencement Information

I26Sch. 13 para. 156 partly in force; Sch. 13. para. 156 not in force at Royal Assent see s. 184(2); Sch. 13. para. 156(1)(3)(4) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(xii); Sch. 13 para. 156 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

The Housing (Scotland) Act 1988 (c.43)S

157(1)The Housing (Scotland) Act 1988 shall be amended in accordance with this paragraph.S

(2)In section 43(3)(a) (certain tenancies secure where interest of landlord belongs to local authority etc.), for sub-paragraphs (i) and (ii) substitute—

“(i)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or

(ia)a water authority or sewerage authority;”.

(3)In section 45(4) (transfer of existing tenancies: public bodies), for paragraphs (a) and (b) substitute—

“(a)it belongs to a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council; or

(aa)it belongs to a water authority or sewerage authority;”.

(4)In section 55(1) (interpretation of Part II of the Act)—

(a)after the definition of “prescribed” insert—

““sewerage authority” shall be construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994;”;

(b)the word “and”, where it occurs immediately after the definition of “tenancy”, shall cease to have effect; and

(c)after the definition of “tenant” insert— “; and

“water authority” shall be construed in accordance with the said section 62.”.

(5)In section 56 (right conferred by Part III)—

(a)in subsection (3), for paragraph (a) substitute—

“(a)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council”;

(b)in subsection (5)(c), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”;

(c)in subsection (6)(a), for “an islands council” substitute “ the council for Orkney Islands, Shetland Islands or Western Isles ”; and

(d)in subsection (9)(a), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In section 57(1) (persons by whom right may be exercised)—

(a)the word “neither” shall cease to have effect;

(b)the words from “nor” to “council”, where it thirdly occurs, shall cease to have effect; and

(c)after “may” insert “ not ”.

(7)In Schedule 4 (tenancies which cannot be assured tenancies), in paragraph 11—

(a)for sub-paragraph (a) substitute—

“(a)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or a joint board or joint committee of two or more such councils, or the common good of such a council or any trust under the control of such a council;

(aa)a water authority or sewerage authority;”; and

(b)for the word “and”, where it occurs immediately after sub-paragraph (e), substitute “ or ”.

The School Boards (Scotland) Act 1988 (c.47)S

158(1)The School Boards (Scotland) Act 1988 shall be amended in accordance with this paragraph.S

(2)In section 5 (persons entitled to attend Board meetings, etc.)—

(a)in subsection (1), for the words from “The Director” to “purpose” substitute the words “ An officer of an education authority ”; and

(b)in subsection (2), for the words from “The regional” to “division” substitute the words “ The councillor for the electoral ward ”.

(3)In subsection (2) of section 22 (interpretation)—

(a)after the definition of “co-opted members” insert—

““councillor” means a councillor elected under section 5 of the Local Government etc. (Scotland) Act 1994”;

(b)for the definition of “electoral division” substitute—

““electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994”; and

(c)the definitions of “islands councillor” and “regional councillor” shall cease to have effect.

(4)In Schedule 2 (application of 1973 Act to appointment committees)—

(a)in paragraph 5 the words “Schedule 10 to” and “and Schedule 10 to” shall cease to have effect;

(b)in paragraph 14(a) for the words “Director of Education” substitute the words “ education authority ”; and

(c)in paragraph 15 for the words from “The Director” to “purpose”substitute the words “ An officer of the education authority ”.

The Road Traffic Act 1988 (c.52)S

159(1)The Road Traffic Act 1988 shall be amended in accordance with this paragraph.S

(2)In section 27(7)(b) (local authorities who may designate roads, etc.), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 33(5)(b) (local authorities who may authorise certain motor vehicle trials), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 39(4)(b) (powers of local authorities as to giving road safety information etc.), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(5)In section 45(3)(c) (inspectors appointed by designated councils to carry out vehicle tests), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In section 67B(2) (tests to check whether defects have been remedied), for “a region or islands area” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(7)In section 124(2) (exemption of police instructors from prohibition imposed by section 123), in the definition of “local authority”, in paragraph (b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(8)In section 144(2)(a)(ii) (local authority exempt from requirement for third-party insurance or security), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(9)In Schedule 2 (deferred tests of condition of vehicles), in paragraph 1(b), for “an islands area or district” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Electricity Act 1989 (c.29)S

160(1)Schedule 5 to the Electricity Act 1989 (water rights for hydro-electric generating stations in Scotland) shall be amended in accordance with this paragraph.S

(2)In paragraph 8(a)—

(a)after “authority;” insert “ and ”;

(b)for “regional and district councils or the islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(c)the words “; and (iii) the water development board” shall cease to have effect.

(3)In paragraph 9, the words “and the water development board” shall cease to have effect.

(4)In paragraph 14, the words “, or the area of any water development board,” shall cease to have effect.

The Local Government and Housing Act 1989 (c.42)S

161(1)The Local Government and Housing Act 1989 shall be amended in accordance with this paragraph.S

(2)In section 2(6) (politically restricted posts)—

(a)in paragraph (a), the words “or director of education” and the words from “or section” to “1980” shall cease to have effect; and

(b)in paragraph (c), for “director of social work” substitute “ chief social work officer ”.

(3)In section 4 (designation and reports of head of paid service)—

(a)in subsection (5), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and

(b)in subsection (6)(b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 5(5) (reports of monitoring officer etc.), the words “, or Schedule 10 or 20 to,” shall cease to have effect.

(5)In section 8(5)(b) (local authorities to adopt standing orders with respect to staff), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(6)In section 9 (assistants for political groups)—

(a)in subsection (8)(b), the words “, or Schedule 10 or 20 to,” shall cease to have effect; and

(b)in subsection (11), in the definition of “relevant authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(7)In section 14 (voting rights of members of certain committees: Scotland)—

(a)subsections (2) and (3) shall cease to have effect;

(b)in subsection (4), for the words “subsections (1) to (3)” substitute “ subsection (1) ”;

F224(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for subsection (6) substitute—

“(6)Nothing in this section shall prevent the appointment as a voting member of—

(a)a committee such as is mentioned in subsection (1) of section 124 of the M123Local Government (Scotland) Act 1973 (committees appointed by education authority); or

(b)a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or

(c)any sub-committee of such a committee or joint committee,

of a person such as is mentioned in subsection (4) of the said section 124.”;

(e)in subsection (8), after paragraph (a) insert—

“(aa)section 124(5);”; and

(f)in subsection (9), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(8)In section 21(2) (interpretation of Part I), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(9)F225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In section 151(4) (power to amend provisions about charges), for paragraphs (b) and (c) substitute— “or

(b)it is a charge amounting to local taxation.”.

(11)In section 152(3) (application of certain provisions as respects Scotland)—

(a)for paragraphs (a), (b) and (c) substitute—

“(a)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(b)for paragraphs (e) and (f) substitute— “and

(e)a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.”.

(12)In section 155(5) (emergency financial assistance to local authorities)—

(a)for paragraphs (a), (b) and (c) substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b)the letter “(d)” shall cease to have effect.

(13)In section 157(6) (commutation of, and interest on, periodic payments of grants etc. to local authorities), for “regional, islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(14)In section 170(9) (authorities empowered to provide services etc. for owners or occupiers of houses as respects certain works), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Textual Amendments

Marginal Citations

The Prisons (Scotland) Act 1989 (c.45)S

162(1)The Prisons (Scotland) Act 1989 shall be amended in accordance with this paragraph.S

F226(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 14 (legalised police cells)—

(a)in subsection (2)—

(i)for “any region or islands area” substitute “ the area of a council ”; and

(ii)the words “region or islands”, where they secondly occur, shall cease to have effect;

(b)in subsection (5), for “any region or islands area” substitute “ the area of a council ”;

(c)in subsection (6), for “islands area of Orkney or of Shetland” substitute “ areas of the councils for Orkney Islands and Shetland Islands ”;

(d)in subsection (7)—

(i)for “the council of a region or islands area” substitute “ a council ”; and

(ii)for “committee” substitute “ board ”; and

(e)after subsection (8) insert—

“(9)In this section, “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.

(4)In section 16 (discharge of prisoners)—

(a)in subsection (2), the words “district or islands”, in both places where they occur, shall cease to have effect; and

(b)after subsection (2) insert—

“(3)In this section, “area” means the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.”.

Textual Amendments

Modifications etc. (not altering text)

C8Sch. 13 para. 162(2) excluded (temp. until 1.4.1996) by S.I. 1995/3326, art. 4

Commencement Information

I27Sch. 13 para. 162 wholly in force at 1.4.1996; Sch. 13 para. 162 not in force at Royal Assent see s. 184(2); Sch 13 para. 162(1)(2) in force at 22.12.1995 and Sch. 13 para. 162(3)(4) in force at 1.4.1996 by S.I. 1995/3326, arts. 2(b), 3(b) (with saving in art. 4)

The Food Safety Act 1990 (c.16)S

163(1)The Food Safety Act 1990 shall be amended in accordance with this paragraph.S

(2)In section 5(2) (food authorities in Scotland), for “islands or district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 27(1) (appointment of public analysts), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)In section 28(1) (provision of facilities for examinations), for “regional council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Enterprise and New Towns (Scotland) Act 1990 (c.35)S

164(1)The Enterprise and New Towns (Scotland) Act 1990 shall be amended in accordance with this paragraph.S

(2)In section 21 (areas of operation of Highlands and Islands Enterprise)—

(a)in subsection (1)—

(i)for paragraph (a) substitute—

“(a)the local government areas of Highland, Western Isles, Orkney Islands, Shetland Islands and that part of Argyll and Bute which is the area of the former Argyll and Bute District Council and the islands of Arran, Great Cumbrae and Little Cumbrae;” and

(ii)in paragraph (b), for “Moray District” substitute “ local government area of Moray, ”; and

(b)after subsection (4) insert—

“(5)In this section references to local government areas are references to the new local government areas within the meaning of Part I of the Local Government etc. (Scotland) Act 1994.”.

(3)In section 36(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40)S

165(1)The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall be amended in accordance with this paragraph.S

(2)In section 62(6) (local authorities for purposes of supervised attendance orders), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In Schedule 6 (supervised attendance orders), in paragraph 2(3)(b), for “director of social work” substitute “ chief social work officer ”.

The Broadcasting Act 1990 (c.42)S

166SIn Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences), in paragraph 1(1), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Environmental Protection Act 1990 (c.43)S

167(1)The Environmental Protection Act 1990 shall be amended in accordance with this paragraph.S

F227(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 30 (authorities for purposes of Part II), in each of subsections F228. . .(2)(g) and (3)(c), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

F227(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In section 45(10) (application to Scotland of certain sections of the 1968 Act for purposes connected with the collection of controlled waste), for paragraphs (a) and (b) substitute—

“(a)the said section 2 conferred a power on a waste collection authority rather than a duty on a sewerage authority;

(b)in the said section 3—

(i)references to a sewerage authority were references to a waste collection authority; and

(ii)in references to public sewers and public sewage works the word “public” were omitted;

(c)in the said section 4, the reference to a sewerage authority were a reference to a waste collection authority and the words from “by virtue” to the end were omitted; and

(d)in the said section 41, the reference to a sewerage authority were a reference to a waste collection authority,”.

F227(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In section 53 (duties of authorities as respects disposal of waste collected: Scotland)—

(a)in subsection (4)—

(i)the words “(other than an islands council)” shall cease to have effect; and

(ii)in paragraphs (a) and (b), for “regional council”, wherever it occurs, substitute “ Sewerage authority ”;

(b)in subsection (5)—

(i)for “regional council”, in both places where it occurs, substitute “ sewerage authority ”; and

(ii)for “council”, where it thirdly occurs, substitute “ sewerage authority ”; and

F229(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F227(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In section 86 (preliminary provisions relating to litter)—

(a)in subsection (3), for paragraphs (a) and (b) substitute—

“(a)a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”; and

(b)in subsection (10)—

(i)for “its” substitute “ their ”; and

(ii)for the words from “the district” to the end substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(11)In section 88(9) (“litter authorities” for purposes of section)—

(a)in paragraph (a), the words “, a regional council”; and

(b)in paragraph (b), the words “, regional council”,

shall cease to have effect.

(12)In section 90(3) (power to designate litter control areas), the words “, regional council” shall cease to have effect.

(13)In section 92(1) (summary proceedings by litter authorities), the words “, regional council” shall cease to have effect.

(14)In section 93(1) (street litter control notices), the words “, regional council” shall cease to have effect.

(15)In section 95(1) (public registers), the words “, regional council” shall cease to have effect.

(16)In section 99(5)(e) (local authority in Scotland having powers in relation to abandoned trolleys), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(17)In section 149(11) (seizure of stray dogs: interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Textual Amendments

Commencement Information

I28Sch. 13 para. 167 partly in force; Sch. 13 para. 167 not in force at Royal Assent see s. 184(2); Sch. 13 para. 167(1)(3)(6)(8)(10)-(17) in force at 1.4.1996 by S.I. 1996/323, art. 4(1)(c)

The New Roads and Street Works Act 1991 (c.22)S

168(1)The New Roads and Street Works Act 1991 shall be amended in accordance with this paragraph.S

F230(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F230(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 148 (particular and general provisions as respects sewers)—

F230(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for subsection (3) substitute—

“(3)References in this Part to an undertaker having apparatus shall, where the apparatus is a sewer, drain or tunnel, be construed—

(a)in the case of apparatus vested in a sewerage authority, as references to that authority; and

(b)in any other case, as references to the authority, body or person having the management or control of the apparatus.”.

(5)In section 153 (power of road works authority to undertake road works)—

(a)in subsection (1), the words—

(i)“or district council”; and

(ii)“or council”,

shall cease to have effect; and

(b)in subsection (3), the words “or council” shall cease to have effect.

F230(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Children and Young Persons (Protection from Tobacco) Act 1991 (c.23)S

169SIn section 6(1) of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in Scotland), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Natural Heritage (Scotland) Act 1991 (c.28)S

170(1)The Natural Heritage (Scotland) Act 1991 shall be amended in accordance with this paragraph.S

(2)In section 20 (making of drought orders), for subsection (3) substitute—

“(3)A drought order may only be made on the application of a water authority.”.

(3)In section 22(1) (interpretation), in the definition of “compensation water”, the words “or water development board” shall cease to have effect.

(4)In section 24 (rights of entry and inspection)—

(a)in subsection (1)—

(i)for “, a water authority or a water development board” substitute “ or a water authority ”; and

(ii)in paragraph (a), the words “or board” shall cease to have effect; and

(b)in subsection (9)—

(i)for “, water authority or water development board” substitute “ or water authority ”; and

(ii)in paragraph (a), the words “or board” shall cease to have effect.

(5)In Schedule 7 (further provisions regarding drought orders)—

(a)in paragraph 5—

(i)in sub-paragraph (1), the words “or a water development board” and (in head (a)) “or board”;

(ii)in sub-paragraph (2), the words “or water development board”; and

(iii)in sub-paragraph (3), the words “or water development board” and “or board”,

shall cease to have effect;

(b)in paragraph 6, the words from “, including” to the end shall cease to have effect; and

(c)in paragraph 7, the words “or a water development board” shall cease to have effect.

(6)In Schedule 8 (procedure for making drought orders), in paragraph 1(3), in the second column of the Table—

(a)for “regional, islands or district council”, wherever it occurs, substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

(b) in paragraph (a) of the entry relating to “All Orders”, the words “or water development board (not being the applicant)” shall cease to have effect.

The Road Traffic Act 1991 (c.40)S

171SIn Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London), in paragraphs 1(1)(d) and 2(1)(c), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Coal Mining Subsidence Act 1991 (c.45)S

172SIn section 47(6)(b) of the Coal Mining Subsidence Act 1991 (notices to local authorities), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Criminal Justice Act 1991 (c.53)S

F231173S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Social Security Contributions and Benefits Act 1992 (c.4)S

174(1)The Social Security Contributions and Benefits Act 1992 shall be amended in accordance with this paragraph.S

(2)In section 28(6)(d) (“local education authority” in Scotland), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 58(4) (incapacity for work: work as councillor to be disregarded), in the definition of “councillor”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(4)F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 137(1) (interpretation), the definition of “levying authority” shall cease to have effect.

Textual Amendments

The Social Security Administration Act 1992 (c.5)S

175(1)The Social Security Administration Act 1992 shall be amended in accordance with this paragraph.E+W+S

(2)In section 15A(3) (“qualifying lenders” for purposes of section)—

(a)in paragraph (d), the words “, islands council” shall cease to have effect; and

(b)after paragraph (e) insert—

“(ee)any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.

(3)For the words “levying authority” or “levying authorities” where they appear in sections 76(1), 77(1), F233. . . F234. . ., substitute “ local authority in Scotland ” or “ local authorities in Scotland ” respectively.

F235(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In section 191 (interpretation)—

(a)the definition of “levying authority” shall cease to have effect;

(b)in the definition of “local authority”, for the words “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”; and

(c)in the definition of “rating authority”, for the words from “the meaning” to “1973” substitute “ shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994 ”.

Extent Information

Textual Amendments

The Local Government Finance Act 1992 (c.14)S

176(1)The Local Government Finance Act 1992 shall be amended in accordance with this paragraph.S

(2)In section 70 (council tax in respect of dwellings), for subsection (1)(a) substitute—

“(a)shall be known as the council tax of the council which set it;”.

(3)In section 78 (basic amounts payable)—

(a)for “levying” substitute “ local ”; and

(b)for the definition of “A” substitute—

““A” is the amount which, for the financial year in which the day falls and for dwellings in the valuation band listed for the dwelling, has been imposed by the local authority in whose area the dwelling is situated;”.

(4)In section 80 (reduced amounts)—

(a)in subsections (1)(a) and (8)(c), for “levying” substitute “ local ”; and

(b)for subsection (5)(c)(i) substitute—

“(i)relating to the local authority whose council tax constitutes the amount referred to in subsection (1) above;”.

(5)In section 81 (appeal to valuation appeal committee), in subsections (1)(a) and (b) and (5), for “levying” substitute “ local ”.

(6)In section 84 (compilation and maintenance of valuation lists), for subsection (10) substitute—

“(10)In this Part “local assessor” means the assessor appointed under section 27 (appointment of assessors) of the Local Government etc. (Scotland) Act 1994 for each valuation area; and any depute assessor appointed under that section shall have all the functions of a local assessor under this Part.”.

(7)In section 90 (information about properties), in subsection (8) for “levying” substitute “ local ”.

(8)In section 91 (information about lists), in subsections (2) and (3) for “levying” substitute “ local ”.

(9)In section 94 (substituted and reduced settings) in subsection (8), for “levying” substitute “ local ”.

(10)In section 97 (levying and collection of council tax)—

(a)for subsection (1) substitute—

“(1)A local authority shall levy and collect the council tax set by them in respect of their area.”; and

(b)subsection (2) shall cease to have effect.

(11)In subsection (1) of section 98 (information required by Secretary of State), for “levying” substitute “ local ”.

(12)In section 99 (interpretation of Part II)—

(a)the definition of “levying authority” shall cease to have effect;

(b)for the definition of “local authority” substitute—

““local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “council” shall be construed accordingly;”;

(c)in the definition of “housing body”, paragraph (a) shall cease to have effect; and

(d)for the definition of “valuation appeal committee” substitute—

““valuation appeal committee” means a valuation appeal committee established under section 29 of the Local Government etc. (Scotland) Act 1994;”.

(13)In section 107 (water and sewerage charges)—

(a)subsection (1) shall cease to have effect; and

(b)in subsection (2), for “that Schedule” substitute “ Schedule 11 to this Act ”.

(14)In section 109(1) (council tax grants), for “levying” substitute “ local ”.

(15)In section 111 (references to rateable values), after subsection (10) insert—

“(10A)For the purposes of subsection (10) above, on and after 1st April 1996 the valuation roll which an assessor for a valuation area constituted under section 27 of the Local Government etc. (Scotland) Act 1994 is required to retain shall be the valuation roll for every valuation area existing before that date any part of which lies within his valuation area.”.

(16)In Schedule 2 (administration)—

(a)in paragraph 1(2), for “a levying” substitute “ , in Scotland, a local ”;

(b)in paragraph 12(1), for “levying” substitute “ local ”;

(c)in paragraph 13, for “levying”, in each place where it occurs, substitute “ local ”; and

(d)in paragraph 19—

(i)for “levying”, in each place where it occurs, substitute “ local ”; and

(ii) for sub-paragraph (3) substitute—

“(3)Arrangements made under this paragraph for the exercise of functions under Schedule 8 to this Act may not include arrangements for the exercise of functions under paragraph 2(1)(a) of that Schedule.”.

(17)In Schedule 3, in paragraph 2, for “levying” in each place where it occurs, substitute “ local ”.

(18)In Schedule 8 (enforcement: Scotland), in paragraphs 1, 2, 3, 4 and 6, for “levying”, in each place where it occurs, substitute “ local ”.

(19)In Schedule 12 (payments to local authorities by Secretary of State: Scotland)—

(a)in paragraph 10(1) for “levying” substitute “ local ”;

(b)in paragraph 10(3)(a)—

(i)for sub-head (i) substitute—

“(i)section 24A (lands and heritages partly unoccupied for a short time) of the M124Local Government (Scotland) Act 1966;” and

(ii)for sub-head (ii) substitute—

“(ii)section 25A (remission of rates on account of hardship) of that Act;”;

(c)for paragraph 11(2) substitute—

“(2)Before such date in relation to each financial year as the Secretary of State may direct, each relevant authority shall calculate the amount of their non-domestic rating contribution for that year, and shall inform the Secretary of State of the amount so calculated in respect of them; and, for the purposes of this paragraph, “relevant authority” means, in relation to any financial year prior to and including the financial year 1995-96, a regional or islands council and, in relation to financial years after that year, a local authority.”; and

(d)in paragraph 11(3), for “notified to them” substitute “ notified by them ”.

Commencement Information

I29Sch. 13 para. 176 wholly in force at 1.4.1996; Sch. 13. para. 176 not in force at Royal Assent see s. 184(2); Sch. 13. para. 176(1)(19)(c)(d) in force at 4.1.1995 by S.I. 1994/2850, art. 3(c)(xiii); Sch. 13 para. 176(1)(19)(b) in force at 31.12.1994 by S.I. 1994/3150, art. 2(a); Sch. 13 para. 176(2)(10)(12)(b)(16)(a)-(c) in force at 19.2.1996 by S.I. 1996/323, art. 2(1)(c); Sch. 13 para. 176 in force at 1.4.1996 insofar as not already in force by S.I. 1996/323, art. 4(1)(c)

Marginal Citations

The Local Government Act 1992 (c.19)S

177SIn subsection (4)(c) of section 30 of the Local Government Act 1992 (extent), for the words from “Schedule” to “Part II” there shall be substituted the words “ Part II of Schedule 4, apart from so much of that Part ”.

The Tribunals and Inquiries Act 1992 (c.53)S

178SIn Part II of Schedule 1 to the Tribunals and Inquiries Act 1992, in paragraph 58 (the entry relating to rates) for the words from “section 4” to the end substitute “ section 29 of the Local Government etc. (Scotland) Act 1994. ”.

The Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)S

179(1)The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended in accordance with this paragraph.S

(2)In section 18(6) (statement on oath by appropriate officer where supervised release order breached etc.)—

(a)in paragraph (b), for “director of social work” substitute “ chief social work officer ”; and

(b)in paragraph (c), for “director” substitute “ chief social work officer ”.

(3)In section 27(1) (interpretation), in the definition of “local authority”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Clean Air Act 1993 (c.11)S

180SIn section 64(1) of the Clean Air Act 1993 (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Radioactive Substances Act 1993 (c.12)S

181SIn section 47(1) of the Radioactive Substances Act 1993 (interpretation)—

(a)in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and

F236(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Local Government (Overseas Assistance) Act 1993 (c.25)S

182SIn section 1(9)(b) of the Local Government (Overseas Assistance) Act 1993 (local authorities empowered to provide advice and assistance), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Noise and Statutory Nuisance Act 1993 (c.40)S

183(1)The Noise and Statutory Nuisance Act 1993 shall be amended in accordance with this paragraph.S

(2)In section 8(5)(b) (local authorities in Scotland who may consent to the operation of loudspeakers in roads), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 9(7) (interpretation of certain expressions for purposes of section), in the definition of “local authority”, in paragraph (b), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

The Railways Act 1993 (c.43)S

184(1)The Railways Act 1993 shall be amended in accordance with this paragraph.S

(2)In section 136(3) (grants and subsidies), in paragraph (d)(i), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

(3)In section 151(1) (general interpretation), in the definition of “local authority”—

(a)the words “regional council, islands council” shall cease to have effect;

(b)for “London or” substitute “ London, ”; and

(c)after “Scilly” insert “ or any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.

Section 180(2).

SCHEDULE 14SRepeals

Commencement Information

I30Sch. 14 partly in force; Sch. 14 not in force at Royal Assent see s. 184(2); Sch. 14 in force for specified purposes at 4.1.1995 and 1.4.1995 by S.I. 1994/3150, arts. 3(e)(i)-(iii), 4(d), Sch. 2; Sch. 14 in force for further specified purposes at 1.4.1995 by S.I. 1995/702, art. 3(e), Sch. 1; Sch. 14 in force for further specified purposes at 1.4.1996 by S.I. 1995/3326, art. 3(c), Sch.; Sch. 14 in force for further specified purposes at 19.2.1996 by S.I. 1996/323, art. 2(1)(d); Sch. 14 in force for further specified purposes at 1.4.1996 by S.I. 1996/323, art. 4(1)(d), Sch. 2 (with art. 4(2))

I31Sch. 14 in force at 1.4.2016 for specified purposes by S.S.I. 2016/31, art. 2(a)

ChapterShort titleExtent of repeal
18 & 19 Vict. c. 68.The Burial Grounds (Scotland) Act 1855.

In section 10, the words “any of the Lords Ordinary of” and the words from “And provided” to “such dwelling house”.

In section 11, the words from “but no ground” to the end.

49 & 50 Vict. c. 15.The Sporting Lands Rating (Scotland) Act 1886.The whole Act.
7 & 8 Geo. 6 c.26.The Rural Water Supplies and Sewerage Act 1944.The whole Act.
10 & 11 Geo. 6 c.41.The Fire Services Act 1947.

In section 15(2), the proviso.

In section 36, in subsection (2), the words “and thirty-six” and “and twenty-three” and subsections (3) and (6).

10 & 11 Geo. 6 c. 43.The Local Government (Scotland) Act 1947.

In section 237(2)(b), the words from “and, if” to “determined”. 000nnn

Sections 243, 243A, 243B and 244.

11 & 12 Geo. 6 c. 29.The National Assistance Act 1948.

In section 33, subsection (2).

In the Third Schedule, paragraphs 9 to 13.

12, 13 and 14 Geo. 6 c. 74.The Coast Protection Act 1949.In section 20(5), the words “or the council of a district in Scotland”.
12, 13 and 14 Geo. 6 c. 97.The National Parks and Access to the Countryside Act 1949.In section 21(1), the words “general or district”.
3 & 4 Eliz. 2 c. 13.The Rural Water Supplies and Sewerage Act 1955.The whole Act.
4 & 5 Eliz. 2 c. 60.The Valuation and Rating (Scotland) Act 1956.

Section 1.

Section 3.

Section 22A.

In section 43(1), the definition of “Advisory Council”.

6 & 7 Eliz. 2 c. 64.The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958.Section 7.
7 & 8 Eliz. 2 c. 40.The Deer (Scotland) Act 1959.

In section 25A, in subsection (2), the words “islands and district”, and in subsections (4) and (5) the words “islands or district”.

In section 25D, in subsection (8), the words “islands or district”.

1960 c. 62.The Caravan Sites and Control of Development Act 1960.Section 24(8A).
1961 c. 41.The Flood Prevention (Scotland) Act 1961.

In section 4(2), the words “(whether a different authority from the local authority or not)”.

Section 12(2).

1965 c. 49.The Registration of Births, Deaths and Marriages (Scotland) Act 1965.Section 15(4).
1966 c. 51.The Local Government (Scotland) Act 1966.

Section 17.

Section 20.

In section 25, in subsection (1), the words “the determination of rateable values,” and subsections (3), (4) and (5).

In section 46(1), the definition of “rate”.

In Schedule 3, paragraph 1, in paragraph 3(1), the words from “and that” to “heritages”, in paragraph 5, the word “relevant”, in both places where it occurs, paragraphs 6 and 7, in paragraph 8, the words from “relevant lands” to “Act” and the words from “included” to “heritages”, where it second occurs.

In Schedule 5, paragraph 3.

1967 c. 77.The Police (Scotland) Act 1967.

Section 19(5).

Section 21A.

1967 c. 78.The Water (Scotland) Act 1967.The whole Act.
1967 c. 86.The Countryside (Scotland) Act 1967.

In section 49, subsection (5).

In section 61, in each of subsections (5), (6) and (8), the word “local”.

In section 63, in each of subsections (2) and (4) to (9), the word “local” wherever it occurs; and in subsection (11), the word “local” where it first occurs and the words from “and any reference” to the end.

In section 65(5), paragraph (c) and, in paragraph (f), the words “within the meaning of section 109(1) of the Water (Scotland) Act 1980”; and paragraph (g).

1968 c. 16.The New Towns (Scotland) Act 1968.In section 34(1)(a), the words “water, sewerage or other”.
F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1968 c. 47.The Sewerage (Scotland) Act 1968.

Section 18.

Section 40.

Section 47.

Section 52.

In section 59(1), the definitions of “authorised officer”, “local authority” and “trunk road”.

1968 c. 49.The Social Work (Scotland) Act 1968.

Section 2.

In section 5A(3), paragraph (b).

Section 34(3).

In section 36, subsections (1), (4) and (6).

In section 76(2), the words “to which the case stands referred”.

In Schedule 3, in paragraph 3, sub-paragraph (i) and, in sub-paragraph (ii), the words “in any other case,”.

1968 c. 73.The Transport Act 1968.

In section 9A(9)(b), the words “regional or islands”.

In section 56(4)(b), the words “regional or islands”.

1970 c. 6.The Rural Water Supplies and Sewerage (Scotland) Act 1970.The whole Act.
1971 c. 49.The Rural Water Supplies and Sewerage Act 1971.The whole Act.
1972 c. 52.The Town and Country Planning (Scotland) Act 1972.

Section 4(5).

Section 5(5) and (7).

In section 8(1) the words from “and may provide for” to the end.

In section 15(1), the words from “or of the provisions of Part IX” to “to be carried out, or”, the words “, after holding a local inquiry or other hearing,” and the words “carrying out the survey or are not”.

In section 22, the word “(1)” and subsection (2).

Section 25(4).

Section 28(3).

Section 32(7).

Section 49G.

Section 50(4).

In section 52(4), the words “regional, general or district”.

In section 56F(1), the words from “and section 179” to “1973”.

In section 56K(10), the words “and section 179 of the Local Government (Scotland) Act 1973”

Section 84A.

In section 87A(1), the words “general and district”.

In section 102, in subsection (1) the words “to whom this subsection applies”, and subsection (5).

Section 169(8).

Section 229A.

In paragraphs (a) and (b) of section 231(2), the words “or as applied under section 181 of the Local Government (Scotland) Act 1973”.

Section 254(4).

Section 265(9).

In section 275(1), the definition of “district planning functions”.

In Part II of Schedule 21, the words from “In section 25(3)(c)” to the end of the paragraph.

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

Section 1.

Section 2.

Section 3.

Section 3A.

Section 4.

Section 5.

Section 11.

In section 24(5)(f), the words “regional, islands or district”.

Section 31(4).

In section 47, in subsection (4), the words “, other than a water development board within the meaning of the Water (Scotland) Act 1980,”; and subsection (5).

In section 51, in subsection (1), the words “within the meaning of this Part of this Act” and subsection (3).

In section 56(6), paragraphs (a) and (c).

In section 56(9), paragraph (c).

In section 63, in subsection (2), the words “or a district council” and, in subsection (5)(a), the words “or district council”.

In section 64(5), paragraphs (c) and (f).

Section 69(4).

Section 74(3).

In section 83, in subsection (2), the words “, subject to subsection (3A) below,”; subsections (2A), (2B) and (3A); and, in subsection (4B)(d), the word “Economic” .

In section 84, subsections (2) and (4).

In section 87, in subsection (1), the words “any other local authority in the area”, in subsection (2), the words from “and where” to the end, and subsection (3).

Section 90A.

In section 96(5), the words from “, so however that” to “31st March 1976”.

In section 100(3), the words from “and to an additional fine” to the end.

In section 106(1), paragraph (c) and the proviso.

Section 109.

In section 111(1)(e), the words “or to a water development board within the meaning of the Water (Scotland) Act 1980,”.

Section 116.

In section 118, in subsection (1), the words “(a)” and paragraph (b) and, in subsection (5), the words “or any water development board within the meaning of the Water (Scotland) Act 1980”.

Section 127.

Sections 131 and 132.

In section 133, subsection (1).

Section 134(1).

In section 135, in subsection (5), in paragraph (a), the words from “not” to the end, in subsection (6)(d), the word “regional” and subsection (8).

Sections 137(1) and 138(1).

Section 140.

Sections 142 and 143.

Section 146(7).

Section 148(1).

In section 153, in subsection (1), the words “regional or islands”, in subsection (2), the words “regional or islands” and, wherever it occurs, “such” and, in subsection (3), the words “regional or islands” and, where it first occurs, “such”.

In section 154, in subsection (1), the words “Subject to subsection (3A) below” and “regional or islands”, in subsection (2), the word “regional”, in both places where it occurs, in subsection (3), the words “regional or islands” and “such” and subsections (3A) and (3B).

Sections 154A and 154B.

Sections 155(1), 156(1) and 157.

Section 159.

Section 161.

In section 163, subsection (1), in subsection (2), the words “as aforesaid” and subsection (3).

In section 166, subsection (1) and, in subsection (2), paragraphs (a), (e) and (f).

Section 168.

Section 170A(5)(a).

In section 170B(2), the words “or water development boards” where they first occur.

Section 171(1) and (2).

Section 173.

Section 174.

Section 176.

Section 177.

Section 179.

Section 181.

Section 182.

Section 183.

Section 193(2).

In section 200, subsections (1) to (6), (8), (9) and (11)(b).

In section 202, in subsection (1), the words “Subject to subsection (1A) below”; and subsections (1A) and (13).

In section 215, subsections (3) to (7).

Sections 222 to 226.

Section 230.

In section 235(1), the definitions of “area”, “college council”, “school council”, “education committee” and “water authority”.

In section 236(2), the words “Subject to section 74(3) of this Act and to section 20 of the Water (Scotland) Act 1980,”; and paragraph (e).

Schedules 1 and 2.

In Schedule 6, in paragraph 2, the letter “(a)”.

In Schedule 9, paragraphs 11 and 53.

Schedule 10.

Schedules 13 and 14.

In Schedule 17, in paragraph 1(1)(a), the words “or to a constituent board” and “or to a constituent water authority”; and paragraph 2.

Schedule 20.

Schedule 22.

In Part II of Schedule 27, paragraphs 159, 180 and 182.

1974 c. 40.The Control of Pollution Act 1974.

Section 32(6).

Section 106(3).

1975 c. 20.The District Courts (Scotland) Act 1975.

Section 7(3).

Section 18(3).

1975 c. 21.The Criminal Procedure (Scotland) Act 1975.In Schedule 7D, paragraph 59.
1975 c. 24.The House of Commons Disqualification Act 1975.In Schedule 1, in Part IV, the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for an islands area in Scotland and, in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow, the words “the district of”.
1975 c. 30.The Local Government (Scotland) Act 1975.

In section 1, in subsection (3)(b), the words “,after consultation with the Advisory Council,”, subsection (3)(c), and subsection (7).

Section 4.

Section 6(1A).

In section 7(1A), the words “and, in the case of the non-domestic water rate, the net annual value and the apportioned net annual value of part residential subjects”.

Section 7A(3).

Section 13.

In section 16, the words “, water development boards”.

In section 23, subsections (1)(c) and (d) and (2)(c).

In section 29A, in subsection (3)(a), the words from “or under” to “committees”.

In Schedule 3, paragraphs 1 to 21; in paragraph 22, in sub-paragraph (1), head (c) and, in sub-paragraph (2), the words from “(a)” to “or”, where it occurs immediately following sub-paragraph (b); paragraphs 24A and 26; in paragraph 28(1) the words “paragraph 1(4) above and” and “, a water development board”; and paragraphs 29 and 30.

In Part II of Schedule 6, paragraphs 6, 13, 23, 34 and 53.

1975 c. 72.The Children Act 1975.In section 99(1), the word “or” immediately preceding paragraph (e).
1976 c. 66.The Licensing (Scotland) Act 1976.

In section 1, subsection (3), in subsection (4), the words “district or islands” and, in subsection (5), the words “or electoral division”.

In section 3(2), the words “of the district or islands area”.

In section 5(8), the words “district or islands”.

In section 7, in subsection (1), the words “district and islands” and subsection (2).

1976 c. 71.The Supplementary Benefits Act 1976.In Schedule 5, in paragraph 2(2), the words “and of”, “, regions, islands areas” and “and”, where it thirdly occurs, and, in paragraph 4(2), the words, “, a region, an islands area” and “or”, where it secondly occurs.
1978 c. 29.The National Health Service (Scotland) Act 1978.In section 16A(1), in paragraph (b), the words “of a regional or islands council’s”, in paragraph (c), the words “of a district or islands council’s” and, in paragraph (d), the words “of a regional or islands council’s”.
1978 c. 50.The Inner Urban Areas Act 1978.

In section 1(2), the words “or region”.

In section 2(1), the words “or region”, in both places where they occur.

In section 7(1)(a), the words “or region”.

1980 c. 9.The Reserve Forces Act 1980.In section 131, in subsection (2), the words “the district of”, subsections (3) and (4) and, in subsection (5), the words “the districts of”.
1980 c. 44.The Education (Scotland) Act 1980.

In section 4, the words “regional or island authority”.

In section 6, in subsection (2), the letter “(a)” and paragraph (b) and subsection (3).

Section 78.

In section 86, in paragraph (a), the words from “or” to “authority”, where thirdly occurring and in paragraph (e), the words “or by the director of education”.

1980 c. 45.The Water (Scotland) Act 1980.

Sections 3 to 5.

In section 10, in subsection (1), the words “or water development board”; in subsection (1A) the words “onto agricultural land or forestry land” and “or as the case may be water development board’s”; and subsection (6).

In section 11, in subsection (1), in paragraph (a), the words “or a water development board” and in paragraph (b) the words “or board”; in subsection (2), the words “or board”; in subsection (3), the words “or board” wherever they occur; in subsection (4), the words “or board” wherever they occur and “or “the transferee board””; and in subsections (5) to (7), the words “or board” wherever they occur.

In section 13, in subsection (1), the words “or water development board”, in both places where they occur, “or board”, in both places where they occur and “or area”; in subsection (2), the words “or water development board”, “or board” wherever they occur, “or area” and “or boards”; in subsection (3), the words “or water development board” and “or area, as the case may be”; and in subsection (6), the words “or water development board”.

Section 15.

In section 16, in subsection (1), the words “or water development board”; and in each of subsections (2), (3) and (8), the words “or board” wherever they occur.

In section 17, in subsection (1), the words “or water development board”; in subsection (2), the words “or water development board” and “or board”; in subsection (3), the words “or water development board” and, in both places where they occur, “or board”; and in subsection (4), the words “or water development board”.

In section 18, the words “or board” in both places where they occur.

Section 20.

In section 22, the words “or water development board”.

In section 23, in subsection (1), the words “or water development board”; in subsection (2), the words “or board”; and in subsection (3), the words “or water development board”.

In section 25(2), the words “or district”, where they secondly occur.

In section 27(1), the words “or district” where they secondly occur.

In section 28, in subsection (1), the words “or a water development board”; and in subsection (2), the words “or water development board”.

In section 29, in subsection (2), the words “or water development board”; and in subsection (3), the words “or board”.

Section 30.

In section 32, in subsection (1)(b), the words “subject to subsection (2),”; and subsection (2).

In section 33, in subsection (1), the words “or water development board”, “or their area, as the case may be” and “or board”; in subsection (3), the words “or water development board” in both places where they occur; and in each of subsections (4), (6)(b), (7), (8), (9) and (11), the words “or board” wherever they occur.

Section 35(4).

In section 38(1), the words “or water development board” and, in each of paragraphs (a), (c) and (d), “or board”.

Sections 40 and 41

Sections 42 to 46.

In section 47(3), the word “and” where it first occurs.

Sections 48 and 49.

In section 54, subsection (2); and in subsection (3)(b), the words from “and in the case” to the end.

In section 58, in subsection (6), the words “or the district of a district council” and “or by that district council”; and subsection (8).

Sections 60 and 61.

Section 63(6).

Sections 64 to 67.

In section 68, in subsection (1), the words “or water development board” and “or board”; in the proviso to that subsection the words “or board”; and subsection (3).

In section 70, in subsection (1), the words “or water development board”; in subsection (2), the words “or board”; in subsection (4), the words “or water development board”; and in the proviso to subsection (4), the words “, or as the case may be the Board,”.

In section 71, in subsection (1), the words “or water development board”; in subsection (5), the words “or board” and, where they secondly occur, “or boards”; and in subsection (6) the words “or boards”.

In section 72(2), the words “and water development board”.

In section 73, in subsection (1), the words “or water development board” and “or board”; and in each of subsections (2) and (3), the words “or board” wherever they occur.

In section 76, in subsection (1), the words “or water development board” and “or board”; in subsection (2), the words “or water development board” and (wherever they occur, both in the subsection and in its proviso) “or board”; in subsection (3), the words “or water development board”, “or their area” and “or board”; and in the proviso to subsection (3), the words “or board” and “or the area of that board”.

In section 76H(8), the words from “; and section 65” to the end.

In section 76L(1), the definitions of “local authority” and “wholesome”.

Sections 80 to 92..

In section 103, the words “or water development board” in both places where they occur.

In section 107, in subsection (1)(b), the words “or a water development board” and “or board”; and in subsection (5), the words “or a water development board”.

In section 109, in subsection (1), the definitions of “the 1992 Act”, “apportionment scheme”, “apportionment note”, “Central Board”, “constituent water authority”, “contributing authority”, “council water charge”, “net annual value” and “part residential subjects” and in the definition of “owner”, the words “, save in sections 64 to 67,”; and in subsection (3), the words “and water development board”.

In Schedule 1, in paragraph 3, the words “and the area of the water development board”; in paragraph 11, the words “where the river purification authority are not the same authority as the water authority”; in paragraph 12, the words “and the area of the board”; in paragraph 13, the words “not exceeding 10 pence”; in paragraph 14, the words “or board”; in paragraph 17, the words “or board” and “or boards”; in paragraph 19, the words “or water development board” in both places where they occur and “or area”; in paragraph 20, the words “or water development board”; in paragraph 23, the words “or board” and “or boards”; in each of paragraphs 24, 26 and 27, the words “or water development board”; in paragraph 30, the words “or water development board” and “or board”; and in paragraph 31, the words “or board” in both places where they occur.

In Schedule 2, in each of paragraphs 4 and 6, the words “or water development board” wherever they occur.

In Schedule 3, in paragraph 1, the words “and water development board”, “within their limits of supply or area” and from “and outside” to “removing mains” where they secondly occur; in paragraph 2(2), the words “or board” in both places where they occur; in paragraph 4(1), the words “within their limits of supply” and “within the said limits”; in paragraph 5, the words “within the limits of supply”; and paragraph 8.

Schedules 7 and 8.

In Schedule 10, Part II in so far as relating to the Local Government (Scotland) Act 1973.

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

In section 8(1)(b), the words “(ii) a water authority; or”.

In section 20, in subsection (1), in the definition of “development body”, sub-paragraph (i) of paragraph (b); and subsection (2A).

In section 87(2), the word “(a)” and paragraph (b).

In section 148(2), the words “exercising district planning functions”.

In Schedule 32, in paragraph 33, in sub-paragraph (2), head (a), sub-paragraph (3) and, in sub-paragraph (4), the definitions of “private garage”, “private storage premises” and “rates”.

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

Section 6.

Section 11.

Section 27.

In Schedule 2, paragraphs 41 and 42.

In Schedule 3, paragraphs 24, 26, 28, 36 and 38.

1982 c.16.The Civil Aviation Act 1982.In section 30, in subsection (1), the words “, other than a district council in Scotland,” and the words from “and a” to “above” and, in subsection (2), the words “, other than a district council in Scotland,” and, in section 88(10), the words “, other than a district council in Scotland,”.
1982 c. 41.The Stock Transfer Act 1982.Section 5(2).
1982 c. 43.The Local Government and Planning (Scotland) Act 1982.

Section 4.

Sections 6 and 7.

In section 14(2), the words “regional or islands council as”.

In section 27(4), the words from “Without” to “Act”.

Sections 33 and 34.

In section 50, paragraph (c).

Section 56.

In Schedule 1, Part I.

In Schedule 3, paragraph 16.

1982 c. 45.The Civic Government (Scotland) Act 1982.

Section 87(6).

Section 89(10).

In section 121, in subsection (6), the words from “and of” to “that proposal” and, in subsection (7), the words from “but the” to “ his consent” and the word “nevertheless”.

In section 122(2)(b), sub-paragraph (iii) and the word “and” immediately preceding it.

1983 c. 2.The Representation of the People Act 1983.

In section 18, in subsection (5), the words “any interested authority or”, “(or in Scotland, the returning officer)”, “or returning officer” in both places where they occur and, in the definition of “interested authority”, sub-paragraph (iii) and, in subsection (6), the words “or returning officer”.

Section 25(3).

In Section 31(2), the words from “and for” to “polling district”, where it secondly occurs.

In section 204(1), in the definition of “electoral area”, the words “division or”.

1984 c. 27.The Road Traffic Regulation Act 1984.

In section 26(4), paragraph (b) and the word “and” immediately preceding it.

In section 26(5), paragraph (b) and the word “or” immediately preceding it and the words “or, in Scotland, the district council,”.

1984 c. 31.The Rating and Valuation (Amendment) (Scotland) Act 1984.

Sections 6 and 7.

In Schedule 2, paragraph 7.

1984 c. 54.The Roads (Scotland) Act 1984.

In section 4(1), the words “or, in relation to cleansing, with a district council,” and the words “or council”.

In section 95(2), the words “or by the district council”.

In Schedule 9, paragraphs 27(3)(a) and 64(5)(c).

1985 c. 63.The Water (Fluoridation) Act 1985.

Section 3.

In section 4, in subsection (6), the words “or to terminate a preserved scheme”; and in subsection (7), the words “or terminate a preserved scheme”.

1985 c. 69.The Housing Associations Act 1985.In section 59, in subsections (1) and (2), the words “or regional council”, wherever they appear.
1986 c. 33.The Disabled Persons (Services, Consultation and Representation) Act 1986.In section 16, in the definition of “local authority”, in paragraph (b), the words “, as read with section 2,”.
1987 c. 26.The Housing (Scotland) Act 1987.

In section 61(11)(a), the words “council or”, where first occurring.

In section 212(4)(e), the words “or a water development board”.

Section 235.

In Schedule 15, in paragraph 2(1), head (f).

In Schedule 23, paragraph 23.

1988 c. 9.The Local Government Act 1988.

In section 1, in subsection (1), the words “and (k) a water development board in Scotland,”; and in subsection (3), the words “and (b) “water development board” has the same meaning as in section 109(1) of the Water (Scotland) Act 1980”.

In Schedule 2, the words “A water development board in Scotland” and “, and (b) “water development board” has the same meaning as in section 109(1) of the Water (Scotland) Act 1980”.

In Schedule 6, in paragraph 11, the words from “and”, where it first occurs, to the end.

1988 c. 41.The Local Government Finance Act 1988.

Section 128.

In Part II of Schedule 12, paragraph 6.

1988 c. 43.The Housing (Scotland) Act 1988.

In section 55(1), the word “and” where it occurs immediately after the definition of “tenancy”.

In section 57(1), the word “neither” and the words from “nor” to “council”, where thirdly occurring.

1988 c. 47.The School Boards (Scotland) Act 1988.

In section 22, in subsection (2), the definitions of “islands councillor” and “regional councillor”.

In Schedule 2, in paragraph 5, the words “Schedule 10 to” and “and Schedule 10 to”.

1989 c. 15.The Water Act 1989.In Schedule 25, paragraphs 22 and 60(2).
1989 c. 29.The Electricity Act 1989.In Schedule 5, in paragraph 8(a), the words “; and (iii) the water development board”; in paragraph 9, the words “and the water development board”; and in paragraph 14, the words “,or the area of any water development board,”.
1989 c. 42.The Local Government and Housing Act 1989.

In section 2(6)(a), the words “or director of education” and the words from “or section” to “1980”.

In section 4(5), the words “, or Schedule 10 or 20 to,”.

In section 5(5), the words “, or Schedule 10 or 20 to,”.

In section 9(8)(b), the words “, or Schedule 10 or 20 to,”.

In section 14, subsections (2) and (3) and, in subsection (8), paragraphs (b), (c) and (d).

In section 155(5), the letter “(d)”.

In Schedule 1, in paragraph 4, in sub-paragraph (1), in the definition of “ordinary committee”, in paragraph (b), the words from “the authority’s” to “or” and, in sub-paragraph (2), the definition of “social work committee” and the word “and” immediately preceding it.

In Schedule 6, paragraphs 7 and 16 to 19.

In Schedule 11, paragraph 43.

1989 c. 45.The Prisons (Scotland) Act 1989.In section 14(2), the words “region or islands”, where secondly occurring and, in section 16(2), the words “district or islands”, in both places where they occur.
1990 c. 43.The Environmental Protection Act 1990.

In section 36, in subsection (6), the words “(other than an islands council)”, paragraph (a)(iii) and, in paragraph (b), the words “or the general planning authority” and, in subsection (10), the words “or general planning authority” and “or the general planning authority”.

In section 39(8), the words “(not being an islands council)” and, in paragraph (b), the words “or the general planning authority”.

In section 50(5)(a), sub-paragraph (iv).

In section 53, in subsection (4), the words “(other than an islands council)”.

In section 54(4)(c), the words “or the general planning authority”.

In section 88(9), in paragraph (a), the words “, a regional council” and, in paragraph (b), the words “, regional council”.

In section 90(3), the words “, regional council”.

In section 92(1), the words “, regional council”.

In section 93(1), the words “, regional council”.

In section 95(1), the words “, regional council”.

1991 c. 22.The New Roads and Street Works Act 1991.In section 153, in subsection (1), the words “or district council” and “or council” and, in subsection (3), the words “or council”.
1991 c. 28.The Natural Heritage (Scotland) Act 1991.

In section 22(1), in the definition of “compensation water”, the words “or water development board”.

In section 24, in each of subsections (1)(a) and (9)(a), the words “or board”.

In Schedule 7, in paragraph 5, in sub-paragraph (1), the words “or a water development board” and (in head (a)) “or board”, in sub-paragraph (2), the words “or water development board” and in sub-paragraph (3), the words “or water development board” and “or board”; in paragraph 6, the words from “, including” to the end; and in paragraph 7, the words “or a water development board”.

In Schedule 8, in paragraph 1, in sub-paragraph (3), in the second column of the Table, in paragraph (a) of the entry relating to “All Orders”, the words “or water development board (not being the applicant)”.

1991 c. 34.The Planning and Compensation Act 1991.In Schedule 13, paragraph 44.
1992 c. 4.The Social Security Contributions and Benefits Act 1992.In section 137(1), the definition of “levying authority”.
1992 c. 5.The Social Security Administration Act 1992.

In section 15A(3)(d), the words “, islands council”.

In section 191, the definition of “levying authority”.

1992 c. 14.The Local Government Finance Act 1992.

In section 74(1), the words “regional, islands or district”.

In section 84, in subsection (1), the words “regional and islands” and, in subsection (2)(a), the words “regional or islands”.

In section 85, subsection (2), in subsections (3) and (5) the words “regional or islands” and, in subsection (4), the words “(a)” and “and” and paragraph (b).

In section 86, in subsection (4) the words “region or islands” and, in subsections (10) and (11), the words “regional or islands”.

In section 87(9)(a), the words “regional or islands”.

In section 90(3)(a), the words “regional, islands or district”.

In section 93(1)(a) the words “regional, islands or district” and “as appropriate”.

In section 94(9) the word “regional” and the words from “and may recover” to the end.

Section 95.

Section 97(2).

In section 99, in subsection (1), the definitions of “the 1968 Act”, “council water charge”, “levying authority”, “public sewage treatment works”, “public sewer” and “water authority” and in the definition of “housing body”, paragraph (a); and in subsection (2), paragraphs (a)(ii) and (iii), (c) and (d).

Section 107(1).

Section 112(2)(d).

In Schedule 2, in paragraph 8(5)(b), the words “or, where the authority is a regional council, each amount set under section 93 of this Act” and, in paragraph 12(2), sub-sub-paragraph (b) and, in sub-sub-paragraphs (e) and (f), the word “levying”; and paragraph 19(7)(b).

In Schedule 7, paragraph 1(6).

In Schedule 8, in paragraph 3(2) the words “or council water charge”; and in paragraph 4(2) the words “or council water charge”.

In Schedule 9, paragraphs 9(c) and 25(d).

In Schedule 11, Parts I to III; and in Part IV, paragraphs 31 to 34, 36, 37 and 38(a) to (c) and (e).

In Schedule 13, paragraphs 37, 44(a),(b) and (d), 75 and 93

1993 c. 43.The Railways Act 1993.In section 151(1), in the definition of “local authority”, the words “regional council, islands council”.

Textual Amendments