Local Government etc. (Scotland) Act 1994

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.

(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) ”;

(c) in subsection (5)(d), after “paragraph 3” insert “ , or a joint advisory committee formed under paragraph 5B ”;

(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 M1 Local 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) In section 31(8) (National Code of Local Government Conduct), 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 ”.

(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 ”.

Marginal Citations

M1 1973 c. 65.