1995 No. 789 (S.71)

LOCAL GOVERNMENT, SCOTLAND

The Local Government (Application of Enactments) (Scotland) Order 1995

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred on him by section 181(1) and (2) of the Local Government etc. (Scotland) Act 19941 and of all other powers enabling him in that behalf, hereby makes the following Order:

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.

George KynochParliamentary Under Secretary of State, Scottish OfficeSt Andrew’s House,Edinburgh

SCHEDULEENACTMENTS APPLIED TO NEW LOCAL AUTHORITIES

Article 2

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—

2A

Regulations under this section may also authorise or require a scheme made by a new local authority to make provision for payment, after the scheme is made, of allowances to persons who are or have been members of that authority, in respect of the period between 6th April 1995 and the coming into effect of the scheme.

2B

In subsection (2A) above, “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.

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—

7

Any duty imposed under these Regulations on or in relation to a proper officer shall, in respect of a new local authority within the meaning of the Local Government (Application of Enactments) (Scotland) Order 1995, be carried out, until the appointment of such officer for that purpose by that authority, by 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.

19

The Public Service Contracts Regulations 199347

20

The Public Supply Contracts Regulations 199548

(This note is not part of the Order)

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.