http://www.legislation.gov.uk/id/ukpga/1994/39

http://www.legislation.gov.uk/ukpga/1994/39/section/123/1996-02-01

Local Government etc. (Scotland) Act 1994

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.

1994-11-03

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Statute Law Database

2023-06-05

1996-02-01

Part II Water and Sewerage Reorganisation

Miscellaneous provisions as respects new authorities

123 Power to require local authorities and assessors to supply information to new authorities.

1

The Secretary of State may, by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, require a local authority or an assessor to furnish relevant information (whether in documentary form or in such other form as he may specify) to a new water and sewerage authority.

2

For the purposes of subsection (1) above, information is relevant if, being information held—

a

by the local authority in connection with their—

i

setting, levying or collecting council tax or council water charges (within the meaning of Part II of the M1Local Government Finance Act 1992) or the non-domestic water rate or non-domestic sewerage rate (as defined in paragraphs (c) and (d) of section 99(2) of that Act before the repeal of those paragraphs by this Act); or

ii

levying or collecting the non-domestic rate (as for the time being defined in section 37(1) of the 1975 Act); or

b

as the case may be, by the assessor in connection with his functions under any enactment,

its possession by the new water and sewerage authority would, in the opinion of the Secretary of State, be likely to assist that authority to make a charges scheme or to collect, or arrange to have collected, such charges as may be fixed by a charges scheme made by them.

3

In the application of subsections (1) and (2) above to any requirement to furnish information imposed—

a

before 1st April 1996, “local authority” means a regional or islands council and “assessor” an assessor appointed under section 116(2) or (5) of the 1973 Act; and

b

on or after that date—

i

“local authority” means a council constituted under section 2 of this Act or a residuary body; and

ii

“assessor” shall be construed in accordance with section 27 of this Act.

4

Without prejudice to the generality of subsections (1) and (2) above, in those subsections “information” includes a copy of the whole, or of any part of, a valuation roll or valuation list.