Right of Reply of Lithuania
In section 37 of the 1975 Act (which makes provision as regards the interpretation of that Act), at the end there shall be added the following subsections—.
: Provided that—
after subsection (6) there shall be inserted the following subsections—; and
at the end of subsection (7) there shall be added the following words—;.
In subsection (2) of section 6 of the 1956 Act (which provides for ascertainment of the gross annual value of lands and heritages consisting of dwelling-houses or other non-industrial buildings) the words " or other non-industrial buildings" and " or buildings " shall, for the purpose of making up any valuation roll after this section comes into force, cease to have effect.
In subsection (6) of section 6 of the 1956 Act (which provides for deductions from gross annual value to ascertain the net annual value of such lands and heritages as are mentioned in subsection (2) of that section), at the end there shall be added the words " ; but the Secretary of State may by order amend the said table as it applies to such lands and heritages " ; and for subsection (7) of the said section there shall be substituted the following subsection—.
In section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962—
in subsection (2) (which provides for notification to the rating authority of use of lands and heritages for charitable purposes)—
the words “not later than the thirtieth day of June in any year” shall cease to have effect; and
for the words “any period, beginning not earlier than the year in which the notice is given,” there shall be substituted the words “ a relevant period ”; and
after subsection (2) there shall be inserted the following subsection—.
In section 8 of the 1975 Act (which provides for payment of rates by instalments), after subsection (7) there shall be inserted the following subsections—
In section 9(1) of the 1975 Act (which limits the amount of rates payable while a valuation appeal is pending), for the words “the total amount of rates levied on those lands and heritages for the year immediately preceding the year in which the appeal was lodged increased by three-quarters of the difference between that amount and” there shall be substituted the words “ nine tenths of ”.
after paragraph 2 there shall be inserted the following paragraph—; and
in paragraph 4A, after the words " or (c)," there shall be inserted the words " 2A(1), ".
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In section 247(2)(a) of the Local Government (Scotland) Act 1947 (which as regards actings for recovery of rates empowers officers of court to poind, seize and remove or secure property belonging to or in the lawful possession of the debtor) the words “or in the lawful possession of” shall cease to have effect.
Sections 4 to 10 of this Act have no effect as regards any financial year earlier than that immediately subsequent to the financial year in which this Act is passed.
in subsection (1)—
after paragraph (b) there shall be inserted the following words—; or;
after the word " expenditure " where it occurs for the second time there shall be inserted the words " or estimated expenses "; and
after the words " a constituent authority of the joint board " there shall be inserted the words " , as the case may be "; and
after subsection (1) there shall be inserted the following subsection—.
In the 1973 Act, after section 108 there shall be inserted the following section—.
such
The amendments made by sections 14 to 16 of this Act have effect as regards rate support grants payable for the year 1981—82 or for any year thereafter.
Where under section 5(1) of the 1966 Act the Secretary of State reduces an element of rate support grant payable to a local authority, or where the authority anticipates such a reduction thereunder, the authority shall neither wholly nor partially offset the reduction (or anticipated reduction) with sums advanced from their loans fund: Provided that such offsetting may nevertheless be permitted by the Secretary of State in any case on such terms and conditions as he considers appropriate.
Where by virtue of paragraph 2(a) of Part II of Schedule 1 to the 1966 Act the amount of the resources element payable to a local authority is less, or where the authority anticipates that it will thereby be less, than the product of the regional, general or district rate (as the case may be) and the difference between the rate products mentioned in paragraph 1 of that Part, the authority shall neither wholly nor partially offset such effect (or anticipated effect) of the operation of the said paragraph 2(a) with sums advanced from their loans fund ; but the proviso to subsection (1) above shall apply for the purposes of this subsection as that proviso applies for the purposes of that subsection.
If the Secretary of State is of the opinion that subsection (1) or (2) above, or any term or condition imposed under the proviso thereto, has been contravened the local authority shall, on such opinion being intimated to them, reimburse their loans fund forthwith or within such time as the Secretary of State may allow.
If an amount was, on or after 23rd. March 1981 but before the coming into force of this section, advanced from the loans fund of a local authority and the Secretary of State is of the opinion that the advance was for a purpose such that there would have been a contravention of subsection (1) or (2) above had those subsections and sections 14, 16 and 17 of this Act been in force, the local authority shall, on such opinion being intimated to them, reimburse their loans fund forthwith or within such time as the Secretary of State may allow.
In the foregoing provisions of this section, " loans fund " means the loans fund established under Schedule 3 to the 1975 Act.
Where under section 199 of the 1973 Act (which provides for reports and returns being made by local authorities and others) the Secretary of State requires a local authority to give information for the purposes of his functions in relation to rate support grants payable for the year 1981-82 or for any year thereafter, but that information is not given timeously, he may make an estimate as regards any element of the required information; and, without prejudice to section 211 of that Act (which makes general provision concerning failure by a local authority to do what is required of them), for the said purposes such estimate shall be deemed information given by the local authority.
In the foregoing provisions of this part of this Act “year”, and “year” followed by a reference to two calender years, have the same meanings as in the Local Government (Financial Provisions) (Scotland) Act 1963.
In section 1 of the 1978 Act (which among other things provides that, for the purpose of fixing the aggregate amount of housing support grants, an aggregate of the eligible expenditure of all local authorities in Scotland shall be estimated as shall an aggregate of their relevant income)—
in subsection (2)—
at the beginning there shall be inserted the words " Subject to subsection (4A) below, "; and
for paragraph (b) there shall be substituted the following paragraph—;
after subsection (4) there shall be inserted the following subsections—; and
in subsection (7), in the definition of " relevant income ", for the words " and any rate fund contribution " there shall be substituted the words " , payments, contributions (including any rate fund contribution) and receipts ".
The 1978 Act shall be deemed for all purposes to have had effect as if originally enacted as amended by subsection (1)(a)(ii) and (c) above.
In section 2 of the 1978 Act (which among other things provides for a proportion of the aggregate amount of the housing support grants being apportioned to each local authority)—
in subsection (1), after the word " proportion " there shall be inserted the words " , if any, ";
in subsection (2) for the words from " the estimated " to the end there shall be substituted the following words—in respect of each local authority, for the year in question—; and
in subsection (3), for the words " mentioned in subsection (1) above " there shall be substituted the words " , if any, of the aggregate amount of the housing support grants ".
Subject to subsection (2) of section 21 of this Act, amendments made by that section and by section 22 of this Act have effect as regards housing support grants payable for the year 1982-83 or for any year thereafter.
In subsection (1) above, " year " has the same meaning as in the 1978 Act.
The 1975 Act shall, as regards the powers of the Commissioner for Local Administration in Scotland, have effect subject to the amendments specified in Schedule 1 to this Act.
The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments which lessen the degree of control exercised over local and other authorities by the Treasury, Secretary of State or other persons.
In section 94 of the 1973 Act (which requires a local authority to obtain the consent of the Secretary of State to their incurring liability to meet capital expenses)—
after subsection (1A) there shall be inserted the following subsection—; and
after subsection (2) there shall be added the following subsections—.
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Part IV of, and Schedule 3 to, the Licensing (Scotland) Act 1976 (which make special provision for new towns as regards licensing with respect to alcoholic liquor) shall cease to have effect.
The Advisory Council on Social Work is hereby abolished; and accordingly, in the Social Work (Scotland) Act 1968, section 7 (which relates to the appointment, constitution and functions etc. of the Council) shall cease to have effect.
The Scottish Food Hygiene Council is hereby abolished; and accordingly, in the Food and Drugs (Scotland) Act 1956, section 25 (which relates to the appointment, constitution and functions of the Council) shall cease to have effect.
The Scottish River Purification Advisory Committee is hereby abolished; and accordingly, in the Rivers (Prevention of Pollution) (Scotland) Act 1951, subsections (2), (3) and (4) of section 1 (which relate to the appointment, constitution and functions of that committee) shall cease to have effect.
The advisory committee appointed under section 1 of the Water (Scotland) Act 1946 (a section which among other things provided that the Secretary of State was to appoint such a committee to advise him as regards matters concerning the conservation and provision of water supplies etc. and which is re-enacted as section 1 of the Water (Scotland) Act 1980) is hereby abolished; and accordingly paragraph (c) of section 1 of the said Act of 1980 shall cease to have effect.
In section 70 of the Water (Scotland) Act 1980 (which empowers a water authority or water development board to make byelaws for preventing waste, undue consumption, misuse or contamination of water supplied by them), after subsection (3) there shall be added the following subsection—.
Subject to subsection (2) below, subsection (3) of section 9 of the Housing (Scotland) Act 1974 (which provides that it may be a condition of an improvement grant that the house, at all times at which it is not occupied by the applicant or any of his family, be let or kept available for letting), shall cease to have effect; and, notwithstanding any record made under subsection (9) of that section, there shall no longer be any requirement to observe a condition which has been imposed under the said subsection (3).
Subsection (1) above, paragraphs 29 and 31 of Schedule 3 to this Act, and, in so far as relating to the said Act of 1974, Schedule 4 to this Act have no effect as regards the operation of that Act in relation to a breach of a condition if that breach occurred before the coming into force of this section.
In the Tenants' Rights, Etc. (Scotland) Act 1980, after section 1 there shall be inserted the following section—.
In each of sections 4(1), 5(1), 6(2), 8(1) and 8A(1) of the Chronically Sick and Disabled Persons Act 1970 (which impose on persons undertaking the provision of public buildings etc. certain duties as regards the needs of the disabled)—
for the words “provision, in so far as it is in the circumstances both practicable and reasonable” there shall be substituted the words “ appropriate provision ”; and
at the end there shall be added the words “ unless such body as may be prescribed by the Secretary of State is satisfied, after carrying out any procedures which may be so prescribed, that in the circumstances it is either not practicable to make such provision or not reasonable that such provision should be made. ”.
After the said section 4(1) there shall be inserted the following subsection—.
After the said section 5(1) the following words shall be inserted as section 5(1A)— “ Subsection (1A) of section 4 of this Act shall apply in relation to the interpretation of the last foregoing subsection of this section as the said subsection (1A) applies in relation to the interpretation of subsection (1) of that section. ”; and the same words shall be inserted as sections 6(2A), 8(1A) and 8A(1A) of the said Act of 1970.
In section 28 of the said Act of 1970 (which empowers the Secretary of State to define certain expressions appearing therein), after the word “Parliament” there shall be inserted “ —(a) ” and at the end there shall be added the words; or .
In Schedule 6 to the Education (Scotland) Act 1980 (which lists provisions thereof whose commencement is postponed until such day as the Secretary of State may by order appoint), at the end there shall be added the following paragraph (which relates to provisions requiring, among other things, a written summary of such vocational advice as a school leaver has received to be given to that school leaver)—
Without prejudice to the validity of— the said Act of 1980 shall be deemed to have had effect as if originally enacted as amended by subsection (1) above.
any actings of an education authority before the coming into force of this section; or
any expenses incurred in connection with such actings,
There shall be defrayed out of moneys provided by Parliament any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.
The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.
In this Act—
" the 1956 Act " means the Valuation and Rating (Scotland) Act 1956;
“the 1978 Act” means the Housing (Financial Provisions) (Scotland) Act 1978.
“the 1966 Act” means the Local Government (Scotland) Act 1966;
" the 1973 Act" means the Local Government (Scotland) Act 1973;
“the 1973 Act” means the Local Government (Scotland) Act 1973;
" the 1975 Act" means the Local Government (Scotland) Act 1975; and
“the 1975 Act” means the Local Government (Scotland) Act 1975; and
" the 1978 Act" means the Housing (Financial Provisions) (Scotland) Act 1978.
This Act may be cited as the Local Government (Miscellaneous Provisions) (Scotland) Act 1981.
Section 11 of this Act shall come into force on 1st January 1982.
Sections 4 to 10 of this Act and, in so far as relating to section 4(2) of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, Schedule 4 to this Act shall come into force on 1st April 1982.
Sections 29 and 37 of this Act and, in so far as relating to section 7 of the Social Work (Scotland) Act 1968, Schedule 4 to this Act shall come into force on such date as the Secretary of State may appoint by order made by statutory instrument.
This Act extends to Scotland only.
In the 1975 Act— in section 21(4)(a) (submission of general report by Commissioner) after the word “body” there shall be inserted the words “ and arrange for the publication of such report; ”; section 22(2) of the 1975 Act (designated body to arrange for publication of Commissioner’s report) shall cease to have effect; in section 28— by any person at all reasonable hours at one or more of the authority’s offices. in subsection (5) (advertising availability of report) for the words “one week” there shall be substituted the words “ two weeks ”; the words “for inspection” shall ceae to have effect; and after the word “date”, in the second place where it occurs, there shall be inserted the words “ not more than one week ”; in subsection (6) (obstructing availability of report) the words “for inspection” shall cease to have effect; and after the word “inspect” there shall be inserted the words “ or purchase ”; in section 29— in subsection (2) (further report by Commissioner) for the words “any such notification” there shall be substituted the words “ notification under subsection (1) above or (2A) below ”; and after subsection (2) there shall be inserted the following subsection—; and in section 30(1)(a) (absolute privilege in certain communications) after the word “member” there shall be inserted the words “ or officer ”.
in section 21(4)(a) (submission of general report by Commissioner) after the word " body " there shall be inserted the words " and arrange for the publication of such report; ";
section 22(2) of the 1975 Act (designated body to arrange for publication of Commissioner's report) shall cease to have effect;
in section 28—
by any person at all reasonable hours at one or more of the authority's offices.
in subsection (5) (advertising availability of report) for the words " one week " there shall be substituted the words " two weeks " ; the words " for inspection " shall cease to have effect; and after the word " date ", in the second place where it occurs, there shall be inserted the words " not more than one week ";
in subsection (6) (obstructing availability of report) the words " for inspection " shall cease to have effect; and after the word " inspect " there shall be inserted the words " or purchase ";
in section 29—
in subsection (2) (further report by Commissioner) for the words " any such notification " there shall be substituted the words " notification under subsection (1) above or (2A) below "; and
after subsection (2) there shall be inserted the following subsection—; and
in section 30(1)(a) (absolute privilege in certain communications) after the word " member " there shall be inserted the words " or officer ".
Section 25.
In section 24 (fixing of payments for interments in burial ground) the words “, subject to the approval of the sheriff of the county,” and the words from “; and a table” to the end shall cease to have effect.
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In section 9 (fees for cremation) the words “any such” and the words “as may be authorised by any table approved by the Local Government Board,” shall cease to have effect.
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Where the maker of the order in connection with which the document is to be served is satisfied, after reasonable inquiry, that it is not practicable to ascertain (either or both)— of a person to be served, the document shall be taken to be duly served if, being addressed to that person either by name or by the description of “the owner”, “the lessee” or “the occupier” of the land (describing it) to which the order relates, as the case may be, and being plainly identifiable as a document of importance, it is delivered to some person on the land, or, if there is no such person thereon to whom iy may be delivered, it (or a copy of it) is affixed to some conspicuous part of the land.
Section 11 (regulations as to construction of cattle-grids) shall cease to have effect.
Section 35(2) (transmission to the Secretary of State of public analyst’s quarterly reports) shall cease to have effect.
After subsection (2) of section 24 (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities) there shall be inserted the following subsection—.
After subsection (2) of section 27 (requirement of consent of Secretary of State etc. to certain disposals of land by local and other authorities) there shall be inserted the following subsection—.
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In section 2(2) (pay, allowances and reimbursement of expenses) the words “, being expenses of a kind approved either generally or in particular cases by the Secretary of State” shall cease to have effect.
Section 46(2) (restriction on aggregate amount of rewards) shall cease to have effect.
Subsections (3) and (4) of section 3 (Secretary of State’s involvement in appointment of any director of social work) shall cease to have effect.
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in subsection (2) (planning authority's fresh survey of their district), the words " and shall, if directed to do so by the Secretary of State, " ;
in subsection (3)(e) (certain matters to be kept under review by planning authority), the words " or as the Secretary of State may in a particular case direct" ; and
in subsection (5) (construction), the words ", and for the Secretary of State to direct them to institute,",
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in subsection (2) (estimate of certain changes to be included in report of planning authority's survey of their district), for the words from " during" to the end there shall be substituted the words " , during such period as the planning authority consider appropriate, in the matters mentioned in section 4(3) of this Act. ";
in subsection (3)(c) (content of structure plan), the words " or as the Secretary of State may in any particular case direct" shall cease to have effect;
in subsection (4) (planning authority to have regard to certain matters in formulating policy etc. in structure plan), paragraph (c) shall cease to have effect; and
in subsection (6) (explanation and illustration of structure plan), the words ", or as may in any particular case be specified in directions given by the Secretary of State" shall cease to have effect.
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in subsection (3)(b) (requirement as regards local plan) the words " or as the Secretary of State may in any particular case direct " shall cease to have effect;
in subsection (5) (explanation and illustration of local plan), the words " , or as may in any particular case be specified in directions given by the Secretary of State " shall cease to have effect;
in subsection (8) (time for Secretary of State to give any directions as regards local plan)—
for the words " either before or after " there shall be substituted the words " only before "; and
the words "; but no such directions shall require a planning authority to take any steps to comply therewith until the structure plan has been approved by him " shall cease to have effect; and
in subsection (9) (planning authority to have regard to certain matters in formulating proposals in local plan), the words ", or which the Secretary of State may in any particular case direct them to take into account" shall cease to have effect.
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in subsection (2) (places where local plan may be inspected), for the words " as may be prescribed " there shall be substituted the words " as appear to them to be appropriate "; and
subsections (4) and (5) (power of Secretary of State to direct planning authority not to take steps to adopt local plan) shall cease to have effect.
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after the word " if " there shall be inserted the word " before ";
after the word " State " there shall be inserted the words " approves the structure plan for their district he "; and
after the words " of the " there shall be inserted the word " local ".
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subsection (1) (Secretary of State may direct that application for established use certificate be referred to him);
in subsection (3) (power of Secretary of State to deal with application or appeal to him as regards established use certificate), the words " an application referred to him under subsection (1) of this section or on ";
in subsection (4) (opportunity to appear at hearing in respect of such application or appeal), the words " application or ", " applicant or " and " (as the case may be)" ; and
in subsection (5) (power of Secretary of State to grant applicant or appellant as regards established use certificate planning permission in respect of such use), the words " applicant or ",
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in subsection (1), after the words " Secretary of State" where they occur for the second time there shall be inserted the words " or, subject to section 206 of this Act, the highway authority ";
after the words " Secretary of State " where they occur for the third time there shall be inserted the words " , or as the case may be to them, "; and
: Provided that a highway authority shall not, under this subsection, authorise the stopping up or diversion of—
in subsection (2), after the word " section " where it occurs for the second time there shall be inserted the words " by the Secretary of State "; and
after subsection (2) there shall be added the following subsection—.
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In subsection (6) of section 3 (titles of chairmen of councils), for the words from “the chairman”, where they occur for the second time, tothe end there shall be substituted the words “ and the chairman of each other regional, islands or district council shall be known by such title as that council may decide. ”.
In section 23 (change of name of region, islands area or district) Sub-paragraph (1) above and, in so far as relating to section 23, Schedule 4 to this Act have no effect as regards a case where consent to a change of name has, before the coming into force of this paragraph, ben applied for, for the purposes of the said subsection (4).
For subsections (2) to (4) of section 53 (amendment of community councils scheme) there shall be substituted the following subsections—. Sub-paragraph (1) above and, in so far as relating to section 53, Schedule 4 to this Act have no effect as regards the operation of section 53 in relation to proposals which, before the coming into force of this paragraph, were submitted to the Secretary of State, under subsection (3) of that section.
Section 54 (default powers of Secretary of State as regards community councils scheme) shall cease to have effect.
In section 73 (local authority’s power to appropriate for the purpose of any function land vested in them for the purpose of any other function)—
in subsection (2), for the words from “(3)(a)” to “(3)(b)” there shall be substituted the word “ (3) ”; and
in subsection (3), for the words from “—(a)” to “space, or” there shall be substituted the words “ land which ”.
Section 121 (involvement of Treasury in determining rates of interest in relation to certain sums due to local authorities) shall cease to have effect.
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In paragraph 9(a) of Schedule 2 (meaning of " interest") for the words from " the rate " to " authorities) " there shall be substituted the words " such reasonable rate as the local authority may determine ".
In section 8(1) (byelaws as to slaughterhouses) the words “, and if required by the Secretary of State” shall cease to have effect.
Section 2 (power to require surveys and formulation of proposals) shall cease to have effect.
Section 19 (transfer of part of water undertaking) shall cease to have effect.
In section 58(1) (termination of right to supply water on special terms) the words “, with the approval of the Secretary of State” shall cease to have effect.
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after the word "such" where it first occurs there shall be inserted the words " reasonable rate "; and
the proviso shall cease to have effect.
Section 40.
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In section 24(2) (requirement of consent of Secretary of State etc. to certain appropriations of land by local and other authorities), for the words from “following” to the end there shall be substituted the words “ provision that land which is held for use as allotments shall not be appropriated except with the consent of the Secretary of State. ”.
In section 27—
in subsection (2) (requirment of consent by Secretary of State etc. to certain disposals of land by local and other authorities), for the words from “—(a)” to the end there shall be substituted the words “ of land held for use as allotments, if it is a disposal which apart from this section could not be effected except with the consent of a Minister, shall not be effected except with the consent of the Secretary of State. ”; and
subsection (3) (provisions ancillary to subsection (2)) shall cease to have effect.
In the fourth Schedule (authorities to whom Part II of the Act applies), after paragraph 3 there shall be inserted the following paragraph—.
In section 20 (repayment of rates paid in error), after the word “Where” there shall be inserted the words “ , notwithstanding section 2(2)(d) of the Local Government (Scotland) Act 1975 or any entry in a valuation roll which is no longer in force, ”.
In section 26(2) (interpretation), for the definition of “year” (and “year” followed by a reference to two calendar years) there shall be substituted the following definition— “ “year” means the financial year of a local authority; and “year” followed by a reference to two calendar years means the financial year beginning in the first of those calendar years; ”. The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from the coming into operation of section 18 of the Local Government (Scotland) Act 1975 (financial year of local authorities).
In the application of this paragraph to any lands and heritages whose net annual value is ascertained under subsection (8) of section 6 of the Valuation and Rating (Scotland) Act 1956 (and for which there is therefore no gross annual value shown in the valuation roll)—
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In section 127(3) (interest on certain local authority expenditure), for the words "the said section 25(1)" there shall be substituted the words " section 25(1) of the Housing (Scotland) Act 1969 ".
In section 177(1) (local authority to have regard to amenities of locality), at the end there shall be added the words " artistic interest ". The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 3rd October 1980.
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4A. Section 5(3) of the Pedlars Act 1871. The Secretary of State.
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In section 42(3)(bb) (requirements in certain rent agreements), after the words “increase in” there shall be inserted the words “ the rent ”. The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 1st December 1980.
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for subsection (1) there shall be substituted the following subsection—;
in subsection (2), after the word "section" there shall be inserted the words " 198A (or that section as applied by section 200(3)) ";
in subsection (3), after paragraph (a) there shall be inserted the following paragraphs—; and
in subsection (4)—
for the words " 199" there shall be substituted the words " 198A, 199, 200, 201 "; and
at the end there shall be added the words " The Schedule has no application as regards orders made by the Secretary of State. ",
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in paragraph (a), after the words " 198," there shall be inserted the words " 198A, "; and
in paragraph (b), after the words " 203(1)(a) " there shall be inserted the words
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in subsection (1), after the words " 198," there shall be inserted the words " 198A, " or (b) ". ; and
in subsection (2), after the words " 203(1)(a)" there shall be inserted the words " or (b) ".
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in subsection (1), after the words " 198," there shall be inserted the words " 198A, ";
in subsection (3)—
for the words " 203(1)(a)" there shall be substituted the words " 203(1)(b) ";
for the words " on the application of a planning authority " there shall be substituted the words " by a local authority ";
for the words " 204(1) of" there shall be substituted the words " 206(4) of, and Schedule 18 to, "; and
for the words " planning authority " in each of paragraphs (a), (b), (d) and (e) there shall be substituted the words " local authority "; and
in subsection (4)—
for the words " 203(1)(a)" there shall be substituted the words " 203(1)(b) "; and
for the words " Secretary of State " there shall be substituted the words " local authority ".
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in subsection (1)—
in paragraph (a), for the words " section 199 " there shall be substituted the words " sections 198A and 199 ";
in paragraph (b), after the words " a reference to " there shall be inserted the words " subsection (2)(b) of the said section 198A or, as the case may be, to "; and
in paragraph (c), for the word "section" there Shall be substituted the words " sections 198A and "; and
in subsection (2), for the words "a reference to section 200 " there shall be substituted the words " references to sections 198A and 200 ".
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in each of paragraphs 1(1), 5 and 6, for the words " 199 " there shall be substituted the words " 198A, 199, 200, 201 ";
in paragraph 3, in each of sub-paragraphs (1) and (2), for the words " 199 " there shall be substituted the words " 198A, 199 or 200 "; and
in paragraph 4(1), for the words " 199 " there shall be substituted the words " 198A, 199, 200 or 201 ".
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In section 10A(2) (approval of application for repairs grant) after the words " accommodation for " there shall be inserted the words " such period ". The amendment made by sub-paragraph (1) above shall be deemed for all purposes to have had effect from 3rd October 1980.
In Schedule 2 (consequences of breach of conditions of improvement grant)—
in paragraph 1, for the words "3 to 5 " there shall be substituted the words " 4 and 5 "; and
in paragraph 7, for the words " paragraphs 3 or 5 " there shall be substituted the words " paragraph 5 ".
In section 2(2)(d) (effect of correction to valuation roll), after the word “shall” where it first occurs there shall be inserted the words “ , subject to section 20 of the Local Government (Financial Provisions) (Scotland) Act 1963, ”.
In section 8(3) (times at which instalments of rates are payable), for the word “the” where it occurs for the second time there shal be substituted the word “ a ”.
In section 14(1)(b) (termination of certain existing grants in respect of rural bus and ferry services)—
for the words “section 34(2)” there shall be substituted the words “ subsection (3) of section 34 ”; and
for the word “and” where it first occurs, there shall be substituted the words “ ) or under subsection (4) of that section (towards expenditure incurred ”.
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in paragraph 15(1), after the word " below " there shall be inserted the words " and to sub-paragraph (2) of paragraph 1 above "; and
in paragraph 31, in the definition of "fixed period", after the words "case or" there shall be inserted the words " , from time to time, for any class of cases or ".
In section 1 (appointment of licensing board by council of district or islands area)—
in subsection (3), after the word “divided” there shall be inserted the words “ (or continue to be divided) ”;
in each of subsections (6) and (7)—
after the word “elections”, there shall be inserted the wordsof those members— ; and
at the end there shall be added the words; and ; and
in subsection (11), for the words “a fresh” there shall be substituted the word “ an ”.
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after the word " may ", where it occurs for the second time, there shall be inserted the words " , under section 74 of the Local Government (Scotland) Act 1973, "; and
the proviso shall cease to have effect.
In section 109 (interpretation), after subsection (4) there shall be added the following subsection—.
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in subsection (6) (time within which offer to sell dwelling-house may be accepted by tenant)—
after the word " shall" there shall be inserted the words " , subject to subsection (8) below, "; and
in sub-paragraph (iv), for the words from "section" to "offer" there shall be substituted the words " subsection (2)(a)(i) of section 5 of this Act has been served on the landlord, the service of a relative offer, or refusal ";
: Provided that where, as regards the dwelling-house, the tenant has served a loan application in accordance with subsection (2)(a)(ii) of section 5 of this Act, he shall be entitled (even if the said period of 2 years has expired) to serve a notice of acceptance on the landlord within 2 months of whichever is the later of—
for subsection (10) (restriction on tenant's re-application to purchase dwelling-house) there shall be substituted the following subsection—.
In section 5 (loan to assist tenant in purchase of dwelling-house)—
in paragraph (a) of subsection (2), the existing words from "within'' to the end shall be sub-paragraph (i) of the paragraph and after that sub-paragraph there shall be inserted the word " or " and the following sub-paragraph—; and
in subsection (5), after the words " 2(6)" there shall be inserted the words " or (8) ".
For subsection (4) of section 6 (recovery of discount on early re-sale) there shall be substituted the following subsection—.
In section 14(2)(b) (restriction as regards proceedings for recovery of possession), after the word " raised " there shall be inserted the words " on or ".
In section 15(1) (power of sheriff to adjourn proceedings for recovery of possession), for the word " 6 " there shall be substituted the word " 7 ".
In section 27 (duty to publish rules governing housing lists etc.)—
after subsection (1) there shall be inserted the following subsection—;
in each of subsections (2) and (3), after the words " subsection (1)" there shall be inserted the words " or (1A) ";
in subsection (2)—
after the word " times " there shall be inserted the words —; and
at the end there shall be added the words ; and; and
after subsection (2) there shall be added the following subsection—.
The following Schedule shall be inserted before Schedule 1—.
Section 41. Chapter Short title Extent of repeal 18 & 19 Vict. c. 68. The Burial Grounds (Scotland) Act 1855. In section 24, the words “, subject to the approval of the sheriff of the county,”; and the words from “; and a table” to the end. ... ... ... 2 Edw. 7. c. 8. The Cremation Act 1902. In section 9, the words “any such” and “as may be authorised by any table approved by the Local Government Board,”. 1 Edw. 8 & 1 Geo. 6. c. 28. The Harbours, Piers and Ferries (Scotland) Act 1937. Section 21(1). In section 21(3), the words “by a local authority or”. 1 Edw. 8 & 1 Geo. 6. c. 48. The Methylated Spirits (Sale by Retail) (Scotland) Act 1937. In section 6, the definition of the expression “prescribed”. 10 & 11 Geo. 6. c. 43. The Local Government (Scotland) Act 1947. In section 247(2)(a), the words “or in the lawful possession of”. 14 Geo. 6. c. 24. The Highways (Provision of Cattle-Grids) Act 1950. Section 11. 14 & 15 Geo. 6. c. 66. The Rivers (Prevention of Pollution) (Scotland) Act 1951. Section 1(2) to (4). In section 16(3), the words “not exceeding one shilling for every copy”. 4 & 5 Eliz. 2. c. 30. The Food and Drugs (Scotland) Act 1956. Section 25. Section 35(2). 4 & 5 Eliz. 2. c. 60. The Valuation and Rating (Scotland) Act 1956. In section 6, in subsection (2) the words “or other non-industrial buildings” and “or buildings”; and in subsection (11) the definition of “non-industrial building”. 7 & 8 Eliz. 2. c. 70. The Town and Country Planning (Scotland) Act 1959. Section 27(3). Section 30(5). 10 & 11 Eliz. 2. c. 9. The Local Government (Financial Provisions etc.) (Scotland) Act 1962. In section 4(2), the words “not later than the thirtieth day of June in any year”. 1966 c. 51. The Local Government (Scotland) Act 1966. In section 26(2), in each of paragraphs (a) and (b), the words “or of such shorter period as the Secretary of State authorises in any particular case”. In section 27, in subsection (1) the words “Subject to subsection (3) below,”; and in subsection (4) the words from “or which” to the end. 1967 c. 77. The Police (Scotland) Act 1967. In section 2(2), the words “, being expenses of a kind approved either generally or in particular cases by the Secretary of State”. Section 46(2). 1968 c. 49. The Social Work (Scotland) Act 1968. Section 3(3) and (4). Section 7. 1972 c. 46. The Housing (Financial Provisions) (Scotland) Act 1972. Section 16(5). 1972 c. 52. The Town and Country Planning (Scotland) Act 1972. In section 4, in subsection (2) the words “and shall, if directed to do so by the Secretary of State,”; in subsection (3)(e), the words from “or as” to “direct”; and in subsection (5) the words “, and for the Secretary of State to direct them to institute,”. In section 5, in subsection (3) the words “or as the Secretary of State may in any particular case direct”; in subsection (4) the words “; and (c) to such other matters as the Secretsry of State may direct them to take into account”; and in subsection (6) the words “, or as may in any particular case be specified in directions given by the Secretary of State”. In section 9(3)(b), the words “or as the Secretary of State may in any particular case direct”; in subsection (5) the words “, or as may in any particular case be specified in directions given by the Secretary of State”; in subsection (8) the words from “; but no” to the end; and in subsection (9), the words “or which the Secretary of State may in any particular case direct them to take into account”. In section 10, subsections (4) and (5). Section 48. In section 58(5), paragraph (c); and in paragraph (d) the words “the Secretary of State or”. In section 59, in paragraph (b) of subsection (2), the words from “or” to the end of the paragraph; and in subsection (3) the words from “; and (b)” to the end. In section 91, subsection (1); in subsection (3), the words “an application referred to him under subsection (1) of this section or on”; in subsection (4) the words “application or”, “applicant or”, and “(as the case may be)”; and in subsection (5), the words “applicant or”. Sections 111 and 112. Section 113(4). In section 203(1)(b) the words “, being a footpath or bridleway,”. In section 204(1), the words “, 201”. In section 260, subsections (6) and (7). 1973 c. 65. The Local Government (Scotland) Act 1973. In section 23(1), the words “Subject to subsection (4) below,”. Section 23(4). Section 53(4). Section 54. Section 121. 1974 c. 45. The Housing (Scotland) Act 1974. In section 9, subsections (3), (4) and (5). In Schedule 2, paragraphs 3 and 9(b). 1975 c. 30. The Local Government (Scotland) Act 1975. Section 22(2). In section 28, in each of subsections (5) and (6), the words “for inspection”. 1976 c. 66. The Licensing (Scotland) Act 1976. Section 2(7). Part IV. In section 59(1)(b), paragraph (ii) of the proviso. Section 140(3). Schedule 3. In Schedule 5, the entry relating to section 50(6). 1980 c.13. The Slaughter of Animals (Scotland) Act 1980. In section 8(1), the words “, and if required by the Secretary of State shall,”. 1980 c. 45. The Water (Scotland) Act 1980. In section 1, the words “; and (c) to appoint an advisory committee to advise him on those matters”. Section 2. Section 19. In section 20, the proviso. In section 58(1), the words “, with the approval of the Secretary of State,”. Section 62. In section 66(3), the proviso. In Schedule 1, in paragraph 4, the words “not exceeding 10 pence”; paragraphs 9 and 18; in paragraph 27, the words “, not exceeding 10 pence for every 100 words contained in the copy,”; and in paragraph 30, the words “, not exceeding 20 pence for every copy”.