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

http://www.legislation.gov.uk/ukpga/1994/39/section/40/2010-04-30

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

2010-04-30

C1Part I Local Government Reorganisation

Annotations:

Modifications etc. (not altering text)

Pt. 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 6 Functions

Public transport

40 Establishment etc. of Strathclyde Passenger Transport Authority.

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 M1Transport 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.