1994 No. 3150 (C.74) (S.174)
The Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994
Made
The Secretary of State, in exercise of the powers conferred on him by section 184 of the Local Government etc. (Scotland) Act 19941 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.2) Order 1994.
2
In this Order, “the Act” means the Local Government etc. (Scotland) Act 1994.
Days appointed
2
31st December 1994 is the day appointed for the coming into force of—
a
paragraph 176(1) and (19)(b) of Schedule 13 to the Act (minor and consequential amendments); and
b
section 180(1) of the Act (minor and consequential amendments), so far as it relates to those provisions.
3
4th January 1995 is the day appointed for the coming into force of the following provisions of the Act:—
a
section 153 (power of Secretary of State to prescribe amount of non-domestic rate);
b
section 160 (further provision as to valuation by formula);
c
section 161 (power of Secretary of State to combine and divide lands and heritages);
d
section 180(2) (repeals), so far as it relates to the provisions specified in paragraph (e) below; and
4
1st April 1995 is the day appointed for the coming into force of—
a
the provisions of the Act specified in column 1 of Schedule 1 to this Order (which relate to the matters specified in column 2 of that Schedule);
b
section 180 of the Act, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (c) and (d) below;
c
in Schedule 13 to the Act—
i
paragraph 57;
ii
paragraph 60(4);
iii
paragraph 67(1), (2) and (5); and
iv
paragraph 100(2), (4) and (5); and
d
the repeals in Schedule 14 to the Act specified in Schedule 2 to this Order.
Transitional provision5
The amendments of paragraph 10(3)(a) of Schedule 12 to the Local Government Finance Act 19925 brought into force by article 2 of this Order shall not affect the continuing operation of regulations made under that paragraph6 in relation to a financial year (within the meaning of that Act) beginning before 1st April 1995.
Amendment of earlier Order6
Article 3(c)(xiii) of the Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 19947 is hereby amended by deleting the words “(1) and”.
SCHEDULE 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1ST APRIL 1995
Column 1 | Column 2 |
|---|---|
Provision of the Act | Subject matter |
Section 152 | Amendment of definition of “lands and heritages” |
Section 154 | Rating of unoccupied lands and heritages |
Section 155 | Rating of lands and heritages partly unoccupied for a short time |
Section 156 | Remission of rates on account of hardship |
Section 158 | Grants in respect of certain rate rebates |
Section 159 | Rating of enterprise zone |
Section 162(1) | Abolition of Scottish Valuation Advisory Council |
SCHEDULE 2REPEALS IN SCHEDULE 14 TO THE ACT COMING INTO FORCE ON 1ST APRIL 1995
Chapter | Short title | Extent of repeal |
|---|---|---|
49 & 50 Vict. c.15 | The Sporting Lands Rating (Scotland) Act 1886 | The whole Act. |
10 & 11 Geo.6 c.43 | The Local Government (Scotland) Act 1947 | Sections 243, 243A, 243B and 244. |
4 & Eliz.2 c.60 | The Valuation and Rating (Scotland) Act 1956 | Section 22A. |
6 & 7 Eliz.2 c.64 | The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958 | Section 7. |
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. | |
The Town and Country Planning (Scotland) Act 1972 | In Part II of Schedule 21, the words from “In section 25(3)(c)” to the end of the paragraph. | |
The Local Government (Scotland) Act 1973 | In Schedule 9, paragraph 11. | |
The Local Government (Scotland) Act 1975 | In Part II of Schedule 6, paragraphs 6, 13 and 34. | |
The Local Government, Planning and Land Act 1980 | 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” and “private storage premises”. | |
The Local Government (Miscellaneous Provisions) (Scotland) Act 1981 | Section 6. In Schedule 3, paragraph 26. | |
The Local Government and Planning (Scotland) Act 1982 | Section 4. | |
The Rating and Valuation (Amendment) (Scotland) Act 1984 | Sections 6 and 7. In Schedule 2, paragraph 7. | |
The Local Government Finance Act 1988 | Section 128. In Part II of Schedule 12, paragraph 6. | |
The Water Act 1989 | In Schedule 25, paragraph 22. | |
The Local Government and Housing Act 1989 | In Schedule 6, paragraph 7. | |
The Local Government Finance Act 1992 | In Schedule 13, paragraph 75. |
(This note is not part of the Order)
(This note is not part of the Order)
The Local Government etc. (Scotland) Act 1994 (Commencement No.1) Order 1994 (S.I.1994/2850) provides for commencement of provisions in the Act as follows:—
a
on 8th November 1994, sections 1, 5, 7, 12, 57, 61, 97(6), 125, 137(1) (partially), 157, 177 (partially), 178, 181 (partially), 183(1) and 184, and Schedules 1 and 2; and
b
on 4th January 1995, sections 8 to 11, 13 to 17, 24, 34, 38, 40, 44, 47, 49, 50, 51(3), 60, 97, 101, 104, 113, 114, 115, 124, 126, 137, 141, 143, 146 to 151, 165 to 167, 170, 172, 173, 175, 179, 180 (partially) and 182, and Schedules 5, 13 and 14 (both partially).