The Local Government (Application of Enactments) (Scotland) Order 1995
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Local Government (Application of Enactments) (Scotland) Order 1995 and shall come into force on 6th April 1995.
(2)
In this Order, “new local authority” means a council in respect of which an ordinary election of councillors is to take place on 6th April 1995 in terms of section 5(2) of the Local Government etc. (Scotland) Act 1994.
Application of enactments2.
In the period prior to 1st April 1996, the provisions specified in column 1 of the Schedule to this Order shall apply to a new local authority as they apply to a local authority subject, where specified, to the modifications in column 2 of the Schedule.
St Andrew’s House,
Edinburgh
SCHEDULEENACTMENTS APPLIED TO NEW LOCAL AUTHORITIES
Column 1 | Column 2 |
|---|---|
1.The Local Government (Scotland) Act 1966— | |
Section 352 | |
2.The Local Authorities (Goods and Services) Act 19703— | |
The whole Act | |
3.The Local Government (Scotland) Act 19734— | |
Section 235 | |
Section 30 | For the words “this Act” substitute the words “the Local Government etc. (Scotland) Act 1994”. |
Sections 34 and 35 | |
Section 386 | In subsection (4)(a) for the words “chairman or vice-chairman” substitute the words “convener or depute convener”. |
Sections 39 to 437 | |
Section 45(4) (insofar as saved from repeal)8 | |
Section 469 | |
Section 47 (except subsection (5))10 | |
Sections 48 and 4911 | |
Section 5012 | |
Sections 50A to 50K13 | |
Sections 56 to 5814 | |
Section 59 | In subsection (1), the words “Subject to section 126 of this Act” shall not apply. |
Sections 60 to 62 | |
Sections 64 to 6615 | |
Section 6716 | For the words “chairman or vice-chairman” substitute the words “convener or depute convener”. |
Section 6817 | |
Section 69 (except subsection (4)) | |
Section 79 | After the word “acquire” insert the words “land by agreement or compulsorily and may acquire” and for the words from “or the business” to “or assemblies” substitute the words “and for those purposes sections 70 to 72, section 74 and sections 77 and 78 above shall apply”. |
Section 81 | |
Sections 85 to 8918 | |
Section 93 | |
Section 94 (except subsection (1A))19 | |
Sections 95 to 10420 | |
Sections 105 and 10621 | |
Section 159 | |
Section 189 | |
Section 190 | For the word “chairman” in both places where it occurs substitute the word “convener”. |
Sections 191 to 19922 | |
Section 200 (subsections (7), (8), (10) and (11)) | |
Section 208 | |
Sections 210 to 21123 | |
Sections 231 and 232 | |
Section 23524 | In subsection (3), after the words “as the case may be” insert the words “and for the purpose of section 33A of this Act (as applied by article 3 of and Schedule I to the Local Government (Transitional Election Arrangements) (Scotland) Order 199425) shall include the person designated in respect of that authority in terms of paragraph 4(2) of Schedule 2 to the Local Government etc. (Scotland) Act 1994”. |
Schedule 726 | (i)in paragraphs 1(4), 3(1), 3(2) and 3(3) for the word “chairman”, substitute the word “convener”; (ii)in paragraphs 3(2) and 3(3) for the words “vice-chairman”, substitute the words “depute convener”; and (iii)in paragraph 5(1) after the words “such orders”, insert the words “or to the procedure for early removal from office of the convener or depute convener”. |
Schedule 7A27 | |
4.The Local Government (Scotland) Act 197528— | |
Part II | In section 28(2) for the word “chairman” substitute the word “convener”. |
5.The Race Relations Act 1976— | |
Section 7129 | |
6.The Local Government, Planning and Land Act 198030— | |
Part II | |
7.The Representation of the People Act 198331— | |
Section 45 | In subsection (1), for the words “Local Government (Scotland) Act 1973”, substitute the words “Local Government etc. (Scotland) Act 1994”. |
8.The Local Government Act 198632— | |
Part II | |
9.The Access to Personal Files Act 198733— | |
The whole Act | |
10.The Local Government Act 198834— | |
Part II | |
11.The Local Government and Housing Act 198935— | |
Section 1 | |
Section 2 | In subsection (4) for the words “the expiry of the period of two months beginning with the coming into force of this section” substitute the words “31st December 1995”. |
Section 3 | |
Section 4 | In subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”. |
Section 536 | In subsection (1), after the word “duty” insert the words “, not later than 30th September 1995,”. |
Sections 7 and 8 | |
Sections 10 to 1237 | |
Section 1838 | (i)after subsection (2), insert—
(ii)in subsection (3) for the words “and (2)”, substitute the words “, (2) and (2A)”. |
Sections 19 to 2139 | |
Section 31 | |
12.The Local Authorities (Goods and Services) (Public Bodies) (Scotland) Order 197840 | |
13.The Local Authority Accounts (Scotland) Regulations 198541 | |
14.The Local Authorities (Publicity Account) (Exemption) (Scotland) Order 198842 | |
15.The Local Government Officers (Political Restrictions) Regulations 199043 | |
16.The Local Government (Politically Restricted Posts) (No.2) Regulations 199044 | |
17.The Public Works Contracts Regulations 199145 | |
18.The Local Authorities (Members' Interests) Regulations 199246 | After regulation 6 shall be inserted—
|
19.The Public Service Contracts Regulations 199347 | |
20.The Public Supply Contracts Regulations 199548 |
In consequence of local government reorganisation in Scotland, new mainland councils will be elected on 6th April 1995. Those councils will take over local authority functions at 1st April 1996.
This Order applies certain general and procedural provisions of the Local Government (Scotland) Act 1973 (c. 65) and of certain other enactments relating to local authorities which would not otherwise apply, in the period prior to 1st April 1996, to those new councils, as they apply to existing councils.