SCHEDULE 13 Minor and Consequential Amendments
The Local Government (Scotland) Act 1975 (c.30)
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1
The 1975 Act shall be amended in accordance with this paragraph.
2
In section 2(1)(e) (alterations to valuation roll which is in force)—
a
after “consequence of” insert
—
i
b
after “1970” insert
or
ii
the making of regulations under section 42 of the M1Lands 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.
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 M2Local Government (Scotland) Act 1966
”
.
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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.
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—
30
Nothing 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.
j
for paragraph 31 substitute—
31
In this Schedule, unless the context otherwise requires—
“statutory borrowing power” means any power to borrow money conferred on a local authority by or under any enactment, but does not include the power of a council to borrow for the purposes of the common good; and
“trustee securities” means any security in which trustees are for the time being authorised by law to invest trust money.