Western Samoa - Issues and options in the energy sector
Act not in force at Royal Assent see s. 238(2); Act wholly in force 16.5.1975 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 Unreliable marginal note. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 1 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 3 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 3A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 4 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 5 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Ss. 6–10 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II S. 11 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 12 cross-heading substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(14); S.S.I. 2021/124, reg. 2, sch. S. 12 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(11); S.S.I. 2021/124, reg. 2, sch. Words in s. 12(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 28(2)(a), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 12(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 13 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(b); S.S.I. 2021/124, reg. 2, sch. Word in s. 13 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 13 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(a); S.I. 1996/323, art. 4(1)(c), Sch. 2 Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(b); S.I. 1996/323, art. 4(1)(c), Sch. 2 Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(c); S.I. 1996/323, art. 4(1)(c), Sch. 2 Words in s. 14(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(i); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(ii); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Word in s. 14(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(5)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(iii); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(iv); S.S.I. 2021/124, reg. 2, sch. S. 14(5) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 62(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 15(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(6)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Word in s. 15(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(7); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(6) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Word in s. 15(6) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(b); S.S.I. 2021/124, reg. 2, sch. S. 16 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 29(1)(b), 35; S.S.I. 2021/124, reg. 2, sch. S. 16(2)(2A) substituted for s. 16(2) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 29(1)(a), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 16(2A)(a) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 62(3)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 16(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(e); S.S.I. 2021/124, reg. 2, sch. Words in s. 16(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(d); S.S.I. 2021/124, reg. 2, sch. S. 16(4) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 62(3)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Ss. 17, 17A substituted for s. 17 (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(2), 35; S.S.I. 2021/124, reg. 2, sch. (with reg. 3) Words in s. 18(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(i); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(8); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(ii); S.S.I. 2021/124, reg. 2, sch. Word in s. 18(2)(a)(i) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(2)(a)(iii) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. S. 18(2)(aa)(ab) inserted (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(b)(i), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Word in s. 18(2)(ab) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(2)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. Word in s. 18(2)(d) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(c); S.S.I. 2021/124, reg. 2, sch. S. 18(2A)(2B) inserted (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(b)(ii), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Words in s. 18(2A)(a) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(iii); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(iv); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(8); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(a) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(3)(a), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(e); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(6)(b); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) repealed (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(3)(b), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 18(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(v); S.S.I. 2021/124, reg. 2, sch. Word in s. 18(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(5)(b); S.S.I. 2021/124, reg. 2, sch. Words in s. 19(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(g); S.S.I. 2021/124, reg. 2, sch. Word in s. 19(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 19(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(g); S.S.I. 2021/124, reg. 2, sch. S. 20 repealed (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(c), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) S. 21 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(12); S.S.I. 2021/124, reg. 2, sch. Words in s. 21(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(h); S.S.I. 2021/124, reg. 2, sch. Words in s. 21(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(f); S.S.I. 2021/124, reg. 2, sch. Words in s. 21(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(h); S.S.I. 2021/124, reg. 2, sch. Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5) S. 23 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(5); S.I. 1996/323, art. 4(1)(c), Sch. 2 S. 23(1A)(1B) inserted (27.4.1997) by 1997 c. 6, ss. 1, 2(2) Word in s. 24(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(a), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 24(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(b)(i), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 24(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(b)(ii), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 24(5) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(c), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 24(5)(c)(d) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(6)(a); S.I. 1996/323, art. 4(1)(c) Words in s. 24(5)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(6)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Word in s. 24(5)(f) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(6)(b)(ii); S.I. 1996/323, art. 4(1)(c) Word in s. 25(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(5)(a), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 25(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(5)(b), 35; S.S.I. 2021/124, reg. 2, sch. S. 26 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(7), 35; S.S.I. 2021/124, reg. 2, sch. S. 26(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(a), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 26(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(b), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 26(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(c), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 26(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(d), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 26(5) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(e), 35; S.S.I. 2021/124, reg. 2, sch. S. 27 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(13); S.S.I. 2021/124, reg. 2, sch. Words in s. 27 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(i); S.S.I. 2021/124, reg. 2, sch. Words in definition of "electoral arrangements" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(i); S.I. 1996/323, art. 4(1)(c) S. 28(1): words in definition of "electoral arrangements" inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(d), 17(2); S.S.I. 2007/25, art. 2(2) Definition of "local government area" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(ii); S.I. 1996/323, art. 4(1)(c) Words in s. 28(2) inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(i), 17(2); S.S.I. 2007/25, art. 2(2) Words in s. 28(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(j); S.S.I. 2021/124, reg. 2, sch. Words in s. 28(2) substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(ii), 17(2); S.S.I. 2007/25, art. 2(2) S. 28(3) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(2), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 Word in s. 29(1) substituted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 8, 17(2); S.S.I. 2004/558, art. 2 Words in s. 29(1) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i) Words in s. 29(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(2) Words in s. 29(1) substituted (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 3(2), 12(2); S.S.I. 2020/162, reg. 2 Words in s. 29(1) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(1A) repealed (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 4, 12(2); S.S.I. 2020/162, reg. 2 Words in s. 29(2) repealed (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 3(3), 12(2); S.S.I. 2020/162, reg. 2 S. 29(3)(4) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(4); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i) S. 29(5)-(7) inserted (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 3(4), 12(2); S.S.I. 2020/162, reg. 2 Words in s. 29(5) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(6)(b) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(2)(c), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(7) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(2)(d), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(8) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(2)(d), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 30 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 3(2) S. 31(1)(a) repealed (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(1), 17(2); S.S.I. 2004/558, art. 2 Word in s. 31(1) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 13(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1)(ba) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(a), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10) Word in s. 31(1) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 13(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(b) S. 31(1)(e) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 7(2), 73(2) (with s. 19(2)); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1)(f) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 13(2)(c), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1)(g) and word inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 16(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1ZA)-(1ZD) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(5)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 1(4)(b) Words in s. 31(1)(a)(1A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(a); S.I. 1996/323, art. 4(1)(c) S. 31(2)(b) substituted by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(1), Sch. 7 para. 12 Word in s. 31(2)(b) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 7(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2 S. 31(3A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(b); S.I. 1996/323, art. 4(1)(c) S. 31(3B) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(b), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10) Words in s. 31(3B)(a) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 7(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2 S. 31(3B)(b) repealed (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), s. 57(2), sch. 4; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2) S. 31(4)-(7) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 7(3), 73(2) (with s. 19(2)); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(8) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(5)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(8)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 31A inserted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(2), 17(2); S.S.I. 2004/558, art. 2 Words in s. 33 substituted (1.4.1996) by S.I. 1996/739, art.7(1), Sch. 1 Pt. I para. 3(2) S. 33A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 30(1) Words in s. 35(1) substituted (1.5.2003) by 2000 asp 7, ss. 29(1)(a), 37 (with s. 31); S.S.I. 2003/74, art. 2(2)(c) S. 35(4) inserted (1.5.2003) by 2000 asp 7, ss. 29(1)(b), 37 (with s. 31); S.S.I. 2003/74, art. 2(2)(c) Words in s. 36 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 3(2) Words in s. 36(c) inserted (1.5.2003) by 2000 asp 7, ss. 29(2), 37, (with s. 31); S.S.I. 2003/74, art. 2(2)(c) Words in s. 36(d) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(4)(6) Words in s. 37(1) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(5)(6) Word in s. 37(2) inserted (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(2)(a) Words in s. 37(2) repealed (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(2)(b) S. 37(2A) inserted (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(3) Ss. 37A-37C inserted (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 34(2), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 S. 38 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 39 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with ss. 31, 36(2)); S.S.I. 2003/74, art. 2(2)(e) S. 40 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 41 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 42 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 44 repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3 S. 45 repealed (1.4.1991) with savings in s. 45(4) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 2(1); S. 45 expressed to be amended (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 and s. 45(4) expressed to be amended (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 S. 45A repealed (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii) Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(1) S. 46(2) repealed by Local Government, Planning and Local Act 1980 (c. 65), Sch. 34 Pt. XVI S. 47(1)(a) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(i) Words in s. 47(1)(b) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(ii) Words in s. 47(1) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(iii) Words in s. 47(1) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34; S.I. 1991/344, art. 3(2)(a) S. 47(3) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(b) S. 47(3A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(5) Words in s. 47(3A) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34(b); S.I. 1991/344, art. 3(2)(a) Words in s. 47(3A) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(c) Words in s. 47(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 47(5) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 48(1)(a) inserted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(3)(a) Words in s. 48(2) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(3)(b) S. 49(1)(a) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(a) S. 49(1)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 S. 49(1)(f) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 S. 49(1A) repealed (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45), reg. 1(2), sch. 2 para. 5 (with sch. 1 paras. 1-4, 13-20) S. 49(2) substituted (16.1.1990 for certain purposes and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 194(1), 195(2), Sch. 11 para. 35(3); S.I. 1989/2445, art. 4 Words in s. 49(3) omitted (2.5.2007) by virtue of The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(b) Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1), Sch. 11 para. 35(4) S. 49A repealed (1.4.1991) with savings by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 3(1); S. 49A amended (1.4.1996) by 1995/3026, arts. 1(2), 13 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(a) Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(b) Pt. IIIA (ss. 50A–50K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), ss. 2(1), 3 Words in s. 50A(6)(c) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 8 Word in s. 50B(4)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(11); S.I. 1996/323, art. 4(1)(c) Word in s. 50E(1)(a) shall cease to have effect (30.9.1996) by S.I. 1996/2278, art. 2(2)(a)(i) S. 50E(1)(c) and the word “and”immediately preceding it inserted (30.9.1996) by S.I. 1996/2278, art. 2(2)(a)(ii) Words in s. 50E(2) substituted (30.9.1996) by S.I. 1996/2278, art. 2(2)(b) S. 50E(3)(a)-(c) substituted (30.9.1996) for words in S. 50E(3) by S.I. 1996/2278, art. 2(2)(c) Word in s. 50F(1)(a) shall cease to have effect (30.9.1996) by S.I. 1996/2278, art. 2(3)(a) S. 50F(1)(c) and the word “or”immediately preceding it inserted (30.9.1996) by S.I. 1996/2278, art. 2(3)(b) Words in s. 50F(1) substituted (30.9.1996) by S.I. 1996/2278, art. 2(3)(c) Words in s. 50G(1)(a) repealed (1.4.1996) by S.I. 1996/739, art. 7(1)(2), Sch. 1 Pt. I para. 3(3), Sch. 2 Words in s. 50H(6) inserted (30.9.1996) by S.I. 1996/2278, art. 2(4) Definition of “relevant body”in s. 50K(1) inserted (30.9.1996) by S.I. 1996/2278, art. 2(5) Words in s. 50K(2)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(12); S.I. 1996/323, art. 4(1)(c) Words in s. 51(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 51(3) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 53(2)(3) substituted for s. 53(2)–(4) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(1) by Sch. 2 para. 3(2) it is provided that para. 31(1) has no effect as regards the operation of s. 53 in relation to proposals which were submitted to the Secretary of State before 11.6.1981 under s. 53(3)) S. 53(4) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(2), Sch. 4 (by Sch. 2 para. 31(2) it is provided that para. 31(1) and, in so far as relating to s. 53, Sch. 4 to that Act have no effect as regards the operation of s. 53 in relation to proposals which, before 11.6.1981, were submitted to the Secretary of State under s. 53(3)) S. 54 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words in s. 55 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(13); S.I. 1996/323, art. 4(1)(c) S. 56(2) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 32 S. 41(6) substituted (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 36; S.I. 1992/2183, art. 2(c) (with art. 3). S. 56(6)(a)(c) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(14)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 56(6)(e) inserted (1.4.2010) by The Local Government Investments (Scotland) Regulations 2010 (S.S.I. 2010/122), reg. 5 S. 56(6A) repealed (1.3.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 27(1), 63(2); S.S.I. 2019/385, reg. 3 S. 56(6B)(6C) inserted (23.1.2017) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 86(10), 142(1); S.S.I. 2016/363, art. 3(b) Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) S. 56(7A) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 57(a), 72(2); S.S.I. 2014/231, art. 2 S. 56(9)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I. 2005/392, art. 2(k) S. 56(9)(b) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 56(9)(c) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(14)(b)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 56(9)(d) repealed (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 2 S. 56(11)–(13) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII S. 56(16) added (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 57(b), 72(2); S.S.I. 2014/231, art. 2 Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 and otherwise prosp. (with saving)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 14(6)(8)(a), 194(4), 195(2), Sch. 12 Pt. II S. 60 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6 S. 63 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 63A repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 64(5)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I 2005/392, {art. 2(k)} S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI S. 64(5)(bb) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 2; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375) S. 64(5)(c)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(17)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I Words in s. 64(5)(e) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(17)(b); S.I. 1996/323, art. 4(1)(c) S. 64(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 67 substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 10, 17(2); S.S.I. 2007/25, art. 2(2) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 69(4) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Word in s. 73(2) repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(a)(i); S.S.I. 2017/458, art. 2, sch. (with art. 4) Word substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(a) Words in s. 73(2) substituted (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(a)(ii); S.S.I. 2017/458, art. 2, sch. (with art. 4) Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(b) Words in s. 73(3) inserted (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(a)(iii); S.S.I. 2017/458, art. 2, sch. (with art. 4) Words in s. 74(2) substituted (20.4.2010 for certain purpose, otherwise 1.6.2010) by Local Government in Scotland Act 2003 (asp 1), ss. 11(1)(a), 62(2); S.S.I. 2010/119, {arts. 2, 3} (with art. 4) S. 74(2A)-(2H) inserted (20.4.2010 for certain purposes, otherwise 1.6.2010) by Local Government in Scotland Act 2003 (asp 1), ss. 11(1)(b), 62(2); S.S.I. 2010/119, {arts. 2, 3} (with art. 4) S. 74(3) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 74A repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XIII Words in s. 75(2) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 77(2), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), sch. Words in s. 75(3) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 77(3), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), sch. Words in s. 82(1) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(2)(a), Pt IV; S.I. 1998/3178, art. 3 Words in s. 82(2)(b) inserted (1.7.1999) by S.I. 1999/1820, art. 1(2), 4, Sch. 2 Pt. 1 para. 53(2))(b); S.I. 1998/3178, art. 3 Words in S. 82(7) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(2)(c); S.I. 1998/3178, art. 3 S. 83(1)(2)(2C)(2D)(4)-(7) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(a), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 83(2A)(2B) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(19)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 83(3) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(a), 62; S.S.I. 2003/134, art. 2(1), Sch. Words in s. 83(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(19)(b); S.I. 1996/323, art. 4(1)(c) Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 36(9) S. 83(3A) repealed (1.4.1996) by 1994 c. 39, s. 164(3), 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(a)(d), Schs. 1, 2 S. 84(2) repealed (4.1.1995) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(20), Sch. 14; S.I. 1994/2850, art. 3(c)(vii)(d), Sch. 3 S. 84(4) repealed (4.1.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/2850, art. 3(d), Sch. 3 Words in s. 86(3) substituted (1.12.2001) by S.I. 2001/3649, art. 219 Words in s. 87(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(a)(i); S.I. 1996/323, art. 4(1)(c) Words in s. 87(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 87(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(b)(i); S.I. 1996/323, art. 4(1)(c) Words in s. 87(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(b)(ii); S.I. 1996/323, art. 4(1)(c) Words in s. 87(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(b)(iii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 87(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words inserted by Local Government Act 1986 (c. 10, SIF 81:1), ss. 3(1)(a), 6 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), Pt. II ss. 3(1)(a), 6 S. 88(1A) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(b), 6 S. 88(1B) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(2), 6 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(c), 6 S. 88(3) inserted (1.4.1996) by 1994 c. 39, s. 140; S.I. 1996/323, art. 4(1)(a), Sch. 1 S. 90 substituted (1.4.1996) by 1994 c. 39, s. 176; S.I. 1995/2866, art. 3(b) S. 90(1)(d) repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(a); S.S.I 2007/47, {art. 2} Word in s. 90(4) substituted (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(b); S.S.I 2007/47, {art. 2} Word in s. 90(6) substituted (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(c)(i); S.S.I 2007/47, {art. 2} S. 90(6)(a) and word repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(c)(ii); S.S.I 2007/47, {art. 2} S. 90(8) repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(d); S.S.I 2007/47, {art. 2} S. 90A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 91 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words in s. 92(2) repealed (1.12.2001) by S.I. 2001/3649, art. 220(2) s. 92(3)(4) inserted (1.12.2001) by S.I. 2001/3649, art. 220(3) S. 93(2)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(23); S.I. 1996/323, art. 4(1)(c) S. 93(2)(d) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 41(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 93(3) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 41(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 94 repealed (1.4.2004) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(b), 62; S.S.I. 2004/28, art. 2(2) Words in s. 96(4) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(2); S.S.I. 2000/10, art. 2(3) S. 96(5)(6) substituted for s. 96(5) by Local Government (Scotland) Act 1975 (c. 30), s. 18 Words in s. 96(5) repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1995/702, art. 3(e), Sch. 1 Words in s. 97(1) substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(2)(a): S.I. 1994/2658, art. 3(d) Words in s. 97(1) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c.1), art. 2(3) Words in s. 97(1) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c. 1), art. 2(3) "S. 97(2)(a)(i)" inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(a)(i); S.I. 1994/2658, art. 4(a) S. 97(2)(a)(ii)–(v) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(a)(ii); S.I. 1994/2658, art. 4(a) S. 97(2)(a)(ii)(iv)(v) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c. 1), art. 2(3) S. 97(2)(a)(iii) repealed (1.10.1999) by 1999 c. 8, ss. 65, Sch. 5; S.S.I. 1999/90, art. 2 Sch. 2 Words in s. 97(2)(c) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3)(b) Word repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2) Words in s. 97(2)(d) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3) Word “and” and s. 97(2)(e) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2) S. 97(2AA-2AC) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(c); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(2A)(2B) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(4); S.I. 1994/2658, art. 4(a) S. 97(2B) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(d); S.S.I. 2000/10 (c.1), art. 2(3)(d) Words in s. 97(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(e); S.S.I. 2000/10 (c.1), art. 2(3) Words in s. 97(4) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(f); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(4AA) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(g); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(4A)-(4D) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(h); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(4E) inserted (1.7.1997) by 1997 c. 47, s. 7(2); S.I. 1997/1577, art. 2, Sch. Word inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 48 Words in 97(6) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3) Words in s. 97(6) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 23(a) (with reg. 4). Words in S. 97(6) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(6A) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(j); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(7) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 23(b) (with reg. 4). Words in s. 97(7)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1), Sch. 1 para. 1(m) (with arts. 6, 11, 12) S. 97(7)(b) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 53(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 97(7A) substituted (1.7.2013) by The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 1 Ss. 97A, 97B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(3) S. 97A(1)(a) and "b" inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 6(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 97A(1): "(c)" substituted (1.4.2003) for "for" by virtue of Local Government in Scotland Act 2003 (asp 1), ss. 6(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 97A(1A) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 6(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 97A(2) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(4); S.S.I. 2000/10 art. 2(3) Words in s. 97A(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(4); S.S.I. 2000/10 art. 2(3) S. 97B(1): "(a)" inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch. In s. 97B(1)(b) and preceding word inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 98(1) substituted for s. 98(1)(a)-(c) (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(5); S.S.I. 2000/10, art. 2(3) Ss. 98(2)-(7) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(5); S.S.I. 2000/10, art. 2(3) S. 99 renumbered (1.4.2003) as s. 99(1) by Local Government in Scotland Act 2003 (asp 1), ss. 55(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 99 repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(6)(a); S.S.I. 2000/10, art. 2(3) Words in s. 99(a) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(6)(b); S.S.I. 2000/10, art. 2(3) S. 99(c) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(4) Words in s. 99(1)(c) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 55(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 99(1)(c) substituted (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(b); S.S.I. 2016/410, art. 2(a) S. 99(d) and word 'and' preceding it inserted (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(2), 30(2). S. 99(2) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 55(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(1) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(a); S.S.I. 2000/10, art. 2(3) S. 100(1A) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 7(3); S.I. 1994/2658, art. 4(a) S. 100(1B) inserted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(a); S.I. 1995/702, art. 3(d)(ii) Words in s. 100(1B) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(b); S.S.I. 2000/10, art. 2(3) Words in s. 100(1B) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(a)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(1B) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(a)(ii), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(2) substituted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(b); S.I. 1995/702, art. 3(d)(ii) Words in s. 100(2) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(c); S.S.I. 2000/10, art. 2(3) Words in s. 100(2) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(3) inserted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(c)(i); S.I. 1995/702, art. 3(d)(ii) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 101(1) substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(1) S. 101(5) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(8); S.S.I. 2000/10 art. 2(3) S. 101A inserted (1.7.1997) by 1997 c. 47, s. 7(3); S.I. 1997/1577, art. 2, Sch. S. 102(1)(2) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 56, 62(2); S.S.I. 2003/134, art. 2(1), Sch Words in s. 102(1)(c) repealed (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(c)(i); S.S.I. 2016/410, art. 2(a) Words in s. 102(1)(c) inserted (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(c)(ii); S.S.I. 2016/410, art. 2(a) S. 102(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 185(b) Words in s. 102(2A) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 129, 134; S.S.I. 2010/221, art. 3(2), Sch. Words in s. 102(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(26); S.I. 1994/2850, art. 3(c)(Vii) Word in s. 102(3) substituted (1.1.2002) by 2000 asp 7, s. 33(1)(a); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4) S. 102(3A) inserted (1.1.2002) by 2000 asp 7, s. 33(1)(b); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4) S. 102(5) repealed (1.4.2000) by 2001 asp 1, s. 26, Sch. 4 para. 3(9)(b); S.S.I. 2000/10, art. 2(3) S. 103(1)(6)(7) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(6), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Ss. 103(2)-(5) repealed (1.1.2002) by 2000 asp 7, s. 33(2)(b); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I. 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Words in s. 103J(6) substituted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 (S.S.I. 2015/402), art. 1, sch. para. 2 (with art. 5) S. 104 repealed (1.1.2002) by 2000 asp 7, s. 33(4); S.S.I. 2001/474, art. 3 (subject to transitional provisions in art. 4) S. 104A repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4, para. 3(11); S.S.I. 2000/10, art. 2(3) Words substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(2) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289E–289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 105A inserted (1.7.1997) by 1997 c. 47, s. 7(4); S.I. 1997/1577, art. 2, Sch. S. 106(1)(ba) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 15(2); S.S.I. 2005/454, {art. 2 Table}, Sch. 2 S. 106(1)(bb) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 13(a), 72(2); S.S.I. 2014/231, art. 2 S. 106(1)(c) and the proviso repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 90(2)); S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 106(1A) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 13(b), 72(2); S.S.I. 2014/231, art. 2 S. 106(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(12); S.S.I. 2000/10, art. 2(3) S. 107 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 Ss. 108(3)–(6) and 108B, 108C added by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), ss. 3, 4 and ss. 108–108C repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 S. 109 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 110 repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1993/575, art. 2,Sch. (with savings in art. 5(a) S. 110A repealed (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1992/2183, art. 2,Sch. (with art. 3). S. 111(1)(a)(b)(d) repealed (1.4.1996) by Local Government Finance Act 1992 (c. 14), ss. 117, 119(2), Sch. 13 para. 39, Sch. 14; S.I. 1996/918, art. 2(a)(b)(i) Words in s. 111(1)(e) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 111(1)(f) which was added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 23), Sch. 3 para. 27 is repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), ss. 6, 34, Sch. 1 Pt. III para. 30(d), Sch. 6 Ss. 112–114 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 28(5)(b), Sch. 5 S. 115 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 32(7)(b), Sch. 5 S. 116(1)-(5)(7)(8) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 116(6) repealed (4.1.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 3(e)(i) S. 117 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII S. 118(1): word "(a)" repealed (1.4.1996) by virtue of 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 118(1)(b) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Words in s. 118(5) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 15(3); S.S.I. 2005/454, art. 2, Sch. 2 Words in s. 118(5) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 119 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 S. 120 repealed (1.4.1994) by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 S. 121 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4 S. 122A repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(c), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 123 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(28); S.I. 1996/323, art. 4(1)(c) S. 124 substituted (1.4.1996) by 1994 c. 39, s. 31 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1 S. 125 repealed by Self-Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) S. 126 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(29); S.I. 1996/323, art. 4(1)(c) S. 127 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 128(2): words in Table B substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(30); S.I. 1996/323, art. 4(1)(c) S. 129 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(a) Words in s. 130(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(a); S.I. 1996/323, art. 4(1)(c) S. 130(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(b); S.I. 1996/323, art. 4(1)(c) S. 131 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 132 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 133(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(32), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 73 S. 134(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(33), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 135 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 6); S.I. 1996/186, art. 3(xiii) S. 135A repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) S. 136 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4 S. 137(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(36), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 137(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 138(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(37), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 139 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 140 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(38), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 142 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(39), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 143 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 144(1)(2) repealed by Animal Health Act 1981 (c. 22), Sch. 6 Words in s. 145(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(a)(i); S.I. 1996/323, art. 4(1)(c) Word in s. 145(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(a)(ii); S.I. 1996/323, art. 4(1)(c) S. 145(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group 1 Words in s. 145(4)(a)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(b); S.I. 1996/323, art. 4(1)(c) Words in s. 145(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(c); S.I. 1996/323, art. 4(1)(c) S. 146(5)(a)(b): words "areas" and "area" substituted (S.) (1.4.1996) for the words "regions" and "region" respectively by 1994 c. 39, s. 180(1), Sch. 13 para. 92(42); S.I. 1996/323, art. 4(1)(c) S. 146(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 147 repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with ss. 5(1), 77); S.S.I. 2005/392, art. 2(k) S. 148(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 148(2)–(7), (9) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 S. 149 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I S. 150 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(43); S.I. 1996/323, art. 4(1)(c) S. 151 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 3 para. 27, Sch. 8 S. 152 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Words in s. 153(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(a)(i); S.I. 1996/323, art. 4(1)(c) Words in s. 153(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Word in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Definition of "council" in s. 153(5) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(d); S.I. 1996/323, art. 4(1)(c) Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(ii); S.I. 1996/323, art. 4(1)(c) Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(iii); S.I. 1996/323, art. 4(1)(c) Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(iv), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 154(3A)(3B) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Definition of "council" in s. 154(7) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(e); S.I. 1996/323, art. 4(1)(c) S. 154A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 154B repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 155(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(46), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 155(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II S. 156(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(47), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 157 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2(e)(v) and expressed to be repealed (prosp.) by 1994 c. 39, ss. 180(1)(2), 184(2), Sch. 13 para. 92(48), Sch. 14 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 159 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(49), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 160 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II S. 161 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 163(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 163(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 163(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 166(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 166(2)(a)(e)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 167 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII S. 168 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(51), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 169(1) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words in s. 170(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(53); S.I. 1996/323, art. 4(1)(c) Ss. 170A, 170B inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 102, 112(3), Sch. 13, Sch. 17 para. 35(1) Words in s. 170A(3) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 13; S.I. 1991/1042, art. 2 S. 170A(5)(a) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(54)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 170A(5)(c) and preceding word substituted (1.4.1996) for s. 170A(5)(c)(d) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(54)(b); S.I. 1996/323, art. 4(1)(c) Words in s. 170A(5)(c) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(2) (with s. 67); S.S.I. 2002/118, art. 2(3) Words in s. 170B(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3) Words in s. 170B(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(55)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 170B(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3) Words in s. 170B(2)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3) S. 171(1)(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(56), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 171(3) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a) S. 171A repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 171B repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 171C repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch. Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 22 S. 173 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 174 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 175 repealed (27.5.1997) by 1997 c. 11, ss. 3(1), 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) S. 176 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 177 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 178 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 179 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 180 repealed by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(8) S. 181 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 183 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) Ss. 185, 186 repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8 S. 188 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(58); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 190 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(59); S.I. 1996/323, art. 4(1)(b)(c) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 192(7)-(14) inserted (1.4.2006) by The Non-Domestic Rating (Electronic Communications) (Scotland) Order 2006 (S.S.I. 2006/201), art. 2 The Local Government (Scotland) Act 1947 (c. 43). 1971 c. 80. S. 194 (except s. 194(2)) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3)) S. 197(1) repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 200 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) S. 201 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para. 15 (with ss. 42, 46) Words in s. 201(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(61); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 202(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 202(1)(c)(ii) substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(a) S. 202(1)(c)(iii) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 S. 202(1A) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(b) S. 202(13) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(62), Sch. 14: S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Ss. 202A—202C inserted (1.7.1984) by Civic Government (Scotland) Act 1982 (c. 45), ss. 110(3), 137(2) “level 2 on the standard scale” substituted for “£20”, except in relation to s. 203 as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(2)(3) (as inserted by Criminal Law Act 1977 (c. 45), Sch. 11 para. 5) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) and by 1995 c. 40, ss. 3(1), 7(2), Sch. 1 paras. 3(2), 12(2) it is provided that s. 203 shall have effect as if for any reference to £20 there shall be substituted a reference to £50 except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority S. 205 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(i)(ii); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(iii); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 206(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(b); S.I. 1996/323, art. 4(1)(b)(c) Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 210(7)(7A)(7B) substituted for s. 210(7)(8) by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 53, Sch. 11 Pt. II para. 39(1) S. 210(8) inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 57(2), Sch. 11 Pt. II para. 39(2) S. 210A inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(4) S. 211(2A)(2B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(2)) S. 211(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(3) S. 211(5) inserted (1.4.1996) by 1994 c. 39, s. 21 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1 S. 211(6) inserted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 2 (with s. 66); S.S.I. 2001/132 art. 2(3), Sch. Pt II S. 213(1)–(2) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII S. 215(3)-(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words substituted by virtue of Trade Union and Labour Relations Act (c. 52), Sch. 4 para. 7 Words substituted by virtue of Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 15 para. 4 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 222 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 223 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 (subject to art. 4(2)) S. 224 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Words inserted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1) Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1) S. 226 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(64), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 S. 228(5) repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13, Pt. I (with s. 45(3), Sch. 12 paras. 1-3). S. 229 repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1, Pt. X Group1 S. 230 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(65), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 “210(7)” inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(3) S. 235(1): definitions of “area” , “college council” , “school council” and “education committee” repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(66)(a), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44), Sch. 3 para. 1 S. 235(1): definition of “electoral ward” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(b); S.I. 1996/323, art. 4(1)(b)(c) S. 235(1): words in definition of “financial year” inserted (29.4.1996 with effect first in relation to the period from 1.4.1997 to 31.10.1997) by 1996 c. 10, s. 4(2)(3); S.I. 1997/1979, art. 2 S. 235(1): definition of “local authority” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(c); S.I. 1996/323, art. 4(1)(b)(c) S. 235(1): words in definition of “rating authority” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(d); S.I. 1996/323, art. 4(1)(b)(c) S. 235(1): definition of “water authority” repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 236(1) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Words in s. 236(2) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 236(2)(a)(c) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(3) S. 236(2)(e) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 236(2)(g) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) Words substituted by virtue of Interpretation Act 1978 (c. 63), s. 25(2) Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 Sch. 1 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Sch. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Sch. 2 para. 2(4)(5) repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4 Sch. 3 paras. 2–18 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 Pt. II Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4 Sch. 3 paras. 20–23 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II Sch. 4 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(15); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(g)(i); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(g)(ii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(g)(iii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 2(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Sch. 4 para. 2 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4 ; S.I. 1998/3178, art. 3 Words in Sch. 4 para. 2(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(h)(i); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 2(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(h)(ii); S.S.I. 2021/124, reg. 2, sch. Sch. 4 para. 3 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Word in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(10); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(i); S.S.I. 2021/124, reg. 2, sch. Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5) Words in Sch. 4 para. 5 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 6 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 6 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(j); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 7 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Word in Sch. 4 para. 7 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(7); S.S.I. 2021/124, reg. 2, sch. Word in Sch. 4 para. 7 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(5)(c); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(i); S.S.I. 2021/124, reg. 2, sch. Sch. 4 para. 8 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4; S.I. 1998/3178, art. 3 Words in Sch. 4 para. 8(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(ii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(iii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(5) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(iv); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9(e) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9(f) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9 substituted (1.7.1999) by S.I. 1999/1820 art. 4 Sch. 2 Pt. 1 para. 53(3) Words in Sch. 4 para. 10(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 10(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(m)(i); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 10(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(m)(ii); S.S.I. 2021/124, reg. 2, sch. Sch. 5 repealed (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(f), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Sch. 5 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(67); S.I. 1996/323, art. 4(1)(b)(c) Sch. 5 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(67); S.I. 1996/323, art. 4(1)(b)(c) Words in Sch. 6 para. 1(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. paras. 1(2)(l); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 6 para. 1(2) substituted for Sch. 6 para. 1(2)(a)-(c) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(68); S.I. 1996/323, art. 4(1)(b)(c) Words in Sch. 6 para. 1(2) substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(g), 17(2); S.S.I. 2007/25, art. 2(2) Words in Sch. 6 para. 1(3) inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(h), 17(2); S.S.I. 2007/25, art. 2(2) Word in Sch. 6 para. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d) Sch. 6A repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(3), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Word in Sch. 7 para. 1(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(69)(a); S.I. 1996/323, art. 4(1)(b)(c) Sch. 7 para. 2 (1)(b)(2)(b) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(4), 62; S.S.I. 2003/134, art. 2(1), Sch. Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(a) Words in Sch. 7 para. 3 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(69)(a)(b); S.I. 1996/323, art. 4(1)(b)(c) Sch. 7 para. 3(2)(3) substituted for para. 3(2) by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(a) Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(b)(c) Words in Sch. 7 para. 5(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(69)(c); S.I. 1996/323, art. 4(1)(b)(c) Para. 10(1) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(i) Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(ii) Sch. 7A inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 2(2), Sch. 1 Pt. II Words in Sch. 7A Pt. 1 para. 5 substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 2 Sch. 7A Pt. 2 para. 2(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 1(2), 2(1), Sch. 1 para. 27 (with art. 10) Words in the definition of "protected informant" in Sch. 7A Pt. III para. 1(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 22 Words in Sch. 7A Pt. III para. 1(2) inserted (30.9.1996) by S.I. 1996/2278, art. 2(6)(a) Word in Sch. 7A Pt. III para. 1(2) ceases to have effect (30.9.1996) by virtue of S.I. 1996/2778, art. 2(6)(b) Words in Sch. 7A Pt. III para. 1(2)(b)(i)(ii) inserted (30.9.1996) by S.I. 1996/2778, art. 2(6)(c) Words substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 13; S.I. 1994/2658, art. 3(e) Words substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 13; S.I. 1994/2658, art. 3(e) Para. 3A added by Local Government (Scotland) Act 1975 (c. 30), s. 17 Words in Sch. 8 para. 3A repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(13)(a)(i); S.S.I. 2000/10, art. 2(3) Words in Sch. 8 para. 3A inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(13(a)(ii); S.S.I. 2000/10, art. 2(3) Words in Sch. 8 para. 4(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(70); S.I. 1996/323, art. 4(1)(b)(c) Word in Sch. 8 para. 4(1) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 3(13)(b); S.S.I. 2000/10, art. 2(3) Sch. 8 para. 5 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3)) Sch. 8 para. 6 repealed (1.4.2000) by 2000 asp 1 s. 26 Sch. 4 para. 3(13)(c); S.S.I. 2000/10, art. 2(3) Words in Sch. 8 para. 7 repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(13)(d); S.S.I. 2000/10, art. 2(3) Sch. 9 paras. 3–5 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 8 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 11 repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 4(d), Sch. 2 Sch. 9 paras. 13–15 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 37 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 40 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 41 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 42 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 43 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. Sch. 9 paras. 45, 46 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 53 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d) Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 64 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I Sch. 9 para. 73 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(4), Sch. 24 Sch. 10 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d) Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) Sch. 10 para. 11 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(c), 194(4), 195(2), Sch. 12 Pt. II Sch. 11 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5 Sch. 12 para. 1 repealed by Tenants' Rights, Etc. (Scotland) Act 1980 (c. 52), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 4 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. II Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 11 repealed by Housing Act 1974 (c. 44), Sch. 15 and also expressd to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 23 repealed by Social Security and Housing Benefits Act 1982 (c. 24), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 13 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(71), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d) Sch. 13 paras. 4, 5, 7 repealed by Tenants' Rights Etc. (Scotland) Act 1980 (c. 52), Sch. 5 Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II Sch. 14 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(72), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d) Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 para. 51 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 168(2), Sch.9; S.I. 1992/2990, art. 2(2), Sch.2. Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 55, 56 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 para. 63 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. VIII and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 para. 68 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVI and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 para. 80 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2 Sch. 14 paras. 87, 88 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108) s. 156(3), Sch. 11 Sch. 15 Pt. I repealed (1.5.2005) by Building (Scotland) Act 2003 (asp 8), ss. 58, 59, Sch. 6 para. 8; S.S.I. 2004/404, art. 2(1) (with arts. 3, 4) Sch. 15 para. 25 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII Sch. 15 Pt. II para. 26 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XI Sch. 15 Pt. II para. 27 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 15 para. 28 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6 Sch. 15 para. 30 repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(2), Sch. 2 Sch. 16 para. 1 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 2 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 3 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 4 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 5 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 7 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 8 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 9 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 10 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Para. 1 substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 56(a) Words in Sch. 17 para. 1(1)(a) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(73), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Sch. 17 para. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 17 paras. 3–63 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 para. 18 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2 (with transitional provisions in Sch.) Sch. 18 para. 20 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8 Sch. 18 para. 21(1) repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I Sch. 18 paras. 27, 28 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I Sch. 19 para. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1 Sch. 19 para. 5 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch. Sch. 19 para. 8 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch. Sch. 20 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 20 para. 10 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(d), 194(4), 195(2), Sch. 12 Pt. II Sch. 22 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(74), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 27 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(a) Sch. 22 Pt. II paras. 5, 8, 9 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(b) Sch. 23 para. 1 repealed by Ancient Monuments and Archaeological Areas Act (c. 46), Sch. 5 Sch. 23 para. 2(a) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Sch. 23 para. 5(c) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 23 para. 6 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 14 repealed by Industrial Development Act 1982 (c. 52), s. 19, Sch. 2 Pt. I para. 1 Sch. 3 Sch. 23 para. 15 repealed by Town and Country Amenities Act 1974 (c. 32), Sch. Sch. 23 para. 16 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 17 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 18 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 19 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 20 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 21 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 22 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 23 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 24 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 25 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 26 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 27 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 28 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 29 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 30 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 31 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 32 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 33 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 34 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 24 Pt. I repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8 Sch. 24 Pt. II paras. 28, 29 repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5 Sch. 24 para. 33 repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3 Sch. 24 Pt. III para. 35 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Sch. 7 Pt. IV Sch. 24 para. 36 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150, Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3 Sch. 24 para. 46 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 1 Sch. 25 para. 15 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII Sch. 25 para. 17 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150, Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3 Sch. 25 paras. 18–23 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 25 para. 24 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV Sch. 25 para. 26 repealed (8.6.2022) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022 (S.S.I. 2022/195), art. 1(2), sch. 2 para. 1 Sch. 25 paras. 29, 30, 31 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I Sch. 25 paras. 34–38 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1) s. 146, Sch. 14 Sch. 25 para. 39 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 25 para. 41 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(3), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) Sch. 27 Pt. II paras. 6, 7 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 Pt. II para. 15 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I Sch. 27 paras. 16-20 repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch. (with art. 10) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 para. 30 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 para. 31 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 para. 32 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 para. 37 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 para. 38 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2010) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 para. 50 repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(3), Sch. 5 Sch. 27 para. 54 repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch. (with art. 10) Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 paras. 58-60 repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch. (with art. 10) Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 Pt. II para. 78 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 para. 90 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1 Sch. 27 Pt. II paras. 97, 98 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 27 Pt. II para. 101 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. I Sch. 27 para. 112 repealed (26.3.2001) by S.I. 2001/1149, art 3(2), Sch. 2 Sch. 27 Pt. II para. 114 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II Sch. 27 Pt. II para. 115 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II Sch. 27 para. 128 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 para. 132 repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art. 2. Sch. 27 para. 140 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 Sch. 27 para. 143 repealed (18.11.1996) by 1996 c. 58, s. 48(2)(3), Sch. 5 (with s. 43(1) Sch. 27 para. 144 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46) Sch. 27 paras. 146-148 repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 18; S.S.I. 2014/160, art. 2(1)(2), sch. Sch. 27 Pt. II paras. 149, 150 repealed by Consumer Safety Act 1978 (c. 38), Sch. 3 Sch. 27 para. 151(c) repealed (26.5.1997) by 1997 c. 36, s. 8, Sch.; S.I. 1997/1322, art. 2(1) Sch. 27 Pt. II para. 153 repealed by Litter Act 1983 (c. 35), Sch. 2 Sch. 27 Pt. II paras. 156, 157 repealed by Airports Authority Act 1975 (c. 78), Sch. 6 Sch. 27 Pt. II para. 158 (b) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 27 para. 159 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 27 paras. 160, 161 repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III Sch. 27 Pt. II para. 162 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I Sch. 27 Pt. II para. 163 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II Sch. 27 para. 165 repealed by Local Government Act 1988 (c. 9, SIF 81:1), s. 41, Sch. 7 Pt. IV Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II Sch. 27 Pt. II paras. 169, 170 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3), Sch. 2 Sch. 27 para. 180 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 27 para. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 27 para. 185 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(4), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) Sch. 27 para. 187 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(4), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) Sch. 27 Pt. II paras. 188–190 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 27 para. 194 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 3 Sch. 27 para. 197 repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4 Sch. 27 para. 200 repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(2), Sch. 2 Sch. 27 Pt. II para. 201 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 27 para. 205 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 2 Group 1} Sch. 27 Pt. II para. 207 repealed by Broadcasting Act 1981 (c. 68), Sch. 9 Sch. 28 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 28 Pt. I para. 39 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. Pt. XI Entries repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Words in Sch. 29 repealed (8.6.2022) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022 (S.S.I. 2022/195), art. 1(2), sch. 2 para. 1 Entry repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Entry repealed by Town and Country Amenities Act 1974 (c. 32), Sch. Act extended (1.4.2001) by 2001 asp 2, S. 69(3)(a); S.S.I. 2001/132, art. 2(2) Sch Pt. 1 Act excluded by District Courts (Scotland) Act 1975 (c. 20), s. 12; modified by Representation of the People Act 1983 (c. 2), s. 43(3) Act explained by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 20(1)(3) Act modified by Dockyard Services Act 1986 (c. 52, SIF 58), s. 3(1)(c) and by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), s. 1, Sch. 1 para. 1(4) Act applied with modifications by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 11, Sch. 2 para. 5 Act excluded (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch., Pt. III, s.5. Act excluded (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch., Pt. XII, s.49. Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Pt. 2 applied (with modifications) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), s. 20(3)(4), 31(2); S.S.I. 2018/282, reg. 2 S. 13 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 14 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 15. power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 16 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 17 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 18 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 19 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 21 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 25 extended (6.4.1995) by 1994 c. 39, s. 181(7); S.I. 1995/702, art. 4(1), Sch. 2 para. 32 S. 29 modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 3 (with s. 7(2)); S.I. 1994/2850, art. 2, Sch. 2 S. 29 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 31 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14 S. 31(1)(2)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 32 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 33 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 33A amended by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 31(7) S. 33A applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 34 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 35 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 37(1)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 37(1) excluded (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(1)(b) S. 37(2) excluded (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(1)(a) S. 43 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) S. 46 extended by Social Work (Scotland) Act 1968 (c. 49), Sch. 3 para. 8 (as substituted by Local Government (Scotland) Act 1975 (c. 30), s. 33) and Education (Scotland) Act 1980 (c. 44), Sch. A1 para. 9 (as inserted by Education (Scotland) Act 1981 (c. 58), s. 1(2), Sch. 1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 46 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 46 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 S. 47 applied (with modifications) (1.4.1996) by S.I. 1005/3026, art. 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) S. 47 restricted by S.I. 1991/397, reg. 23 Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 48 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 48 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 49 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 49 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 50 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 Pt. IIIA extended (with modifications.) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 12; S.S.I. 2000/312, art. 2 S. 50A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50C applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50D applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50J applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Pt. IV extended by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 1(1) Pt. V (ss. 56-68): Power to apply conferred (6.4.1995) by 1994 c. 39, s. 27(9); S.I. 1995/702, art. 4(1), Sch. 2 para. 9 (with s. 7(2)) S. 56 excluded by Lotteries and Amusements Act 1976 (c. 32), s. 6(3). S. 56 excluded by Local Government and Housing Act (c. 42, SIF: 81:1, 2), ss. 4(5), 5(5) S. 56 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3 and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2) S. 56 modified (1.4.1996) by 1967 c. 77, s. 9 (as inserted (1.4.1996) by 1994 c. 29, s. 49; S.I. 1995/492, art. 3, Sch. 2) S. 56 excluded (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by 1997 c. 8, s. 21(4C) (as inserted by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(d), 63(2); S.S.I. 2019/314, reg. 2, sch.; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)) S. 56 excluded (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by 1997 c. 8, s. 16B(6) (as inserted by Planning (Scotland) Act 2019 (asp 13), ss. 7(6), 63(2); S.S.I. 2019/314, reg. 2, sch.; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)) S. 56 excluded (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by 1997 c. 8, s. 18(1C) (as inserted by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(d), 63(2); S.S.I. 2019/314, reg. 2, sch.; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)) S. 56(1) extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1); excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 117(6) S. 56(5): Power to direct conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2 S. 56(5): Power to restrict conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2 S. 57 excluded by Water (Scotland) Act 1980 (c. 45), s. 3(4) S. 57 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 58 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 59(1) applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 61 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 62 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2) S. 65 extended (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 3; S.S.I. 2000/312, art. 2 S. 65 applied (9. 5. 1991) by Tay Road Bridge Order Confimation Act 1991 (c. iv), s. 1, Sch. Pt. VIII s.63 S. 65 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 66 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 68 applied (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. civ), s. 1 Sch. Pt. III s.9 S. 68 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Pt. VI modified (2.8.2014) by City of Edinburgh Council (Portobello Park) Act 2014 (asp 15), ss. 1, 5 Pt. VI applied (24.2.2016) by National Galleries of Scotland Act 2016 (asp 6), ss. 1, 4 S. 69 modified (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 39 (with ss. 50(2), 51) S. 70 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 10(1), 335 S. 70 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(a); S.I. 1994/2850, art. 3(a), Sch. 2 S. 70(1) modified (28.12.2016) by Burial and Cremation (Scotland) Act 2016 (asp 20), ss. 101, 112(2) (with s. 111); S.S.I. 2016/417, reg. 2, sch. S. 71 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(b); S.I. 1994/2850, art. 3(a), Sch. 2 S. 71 applied (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 4, 90, Sch. 1 para. 2(2) (with s. 77); S.S.I. 2005/392, art. 2(k) S. 71(1) modified (28.12.2016) by Burial and Cremation (Scotland) Act 2016 (asp 20), ss. 101, 112(2) (with s. 111); S.S.I. 2016/417, reg. 2, sch. S. 74 applied with modifications by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 12(9)(10), 335 S. 74 excluded by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 43(4) S. 74 excluded (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 28(6) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 1. S. 74(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(a) S. 74(2)-(2H) applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 2(2); S.S.I. 2005/454, {art. 2 Table}, Sch. 2 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 S. 79 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 S. 81 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52), s. 1(1)(b) S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52, SIF 81:2), s. 1(1)(b) S. 85 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 86 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 86 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14 S. 89 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 92(3) extended (24.6.2003) by The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 15, Sch. 2 para. 8(2)(c) Pt. VII (ss. 93-122) modified by S.I. 1975/930, regs. 2, 3 and Water (Scotland) Act 1980 (c. 45), s. 48(1) Pt. VII (ss. 93-122) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. II para. 22(b) Pt. VII (ss. 93-122) applied and power to modify conferred (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. II para. 23(b). Pt. VII (ss. 93-122) extended (6.3.1992) by Local Government Act 1992 (c. 19), s. 29(1). Pt. VII (ss. 93-122) applied (27.5.1997) by 1997 c. 8, ss. 261(3)(4), 278(2) S. 95 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 96-102 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 7, sch. S. 96(1)(2)-(4) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para. 25. S. 96(2)–(4) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24 S. 97(3) applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 77(4) S. 97A(1) extended (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2). S. 97A(3) excluded (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2). S. 97B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 98(1)(3)-(6) continued (for specified purposes) (1.4.2000) by S.S.I. 2000/46 art. 4 S. 99: "paragraph (b)" modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), {ss. 12)}, 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 101 extended by Airports Act 1986 (c. 31, SIF 9) ss. 24(3)(b), 85(4) S. 101 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 11(1)(4) Ss. 103A-103J modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 7, sch. S. 103C applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 103D applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 103E applied (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 5(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 105 extended by Airports Act 1986 (c. 31, SIF 9), ss. 24(3)(b), 85(4) S. 105 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 105(1) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24 S. 105(1) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para.25. S. 105(1)(d) extended by Local Government Act 1986 (c. 10, SIF 81:1), ss. 5(4), 6, 12 S. 106 excluded by Local Government and Housing Act 1989 (c.42, SIF 81:1, 2), s. 11(1)(4) The “said Act of 1967” means Water (Scotland) Act 1967 (c. 78) S. 118 extended by Local Government (Scotland) Act 1975 (c. 30), ss. 10(4), 16, Sch. 3 para. 10(2) S. 118 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 7, sch. S. 128 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1) S. 154 certain functions transferred (18.11.1990) by S.I. 1991/43, art. 3(1). S. 154 certain functions transferred (25.2.1991) by S.I. 1991/1082, art. 3(1). S. 154 certain functions transferred (8.2.1993) by S.I. 1993/321, art. 3(1) The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 189 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 189 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 190 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 191 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 192 extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 137 S. 192 extended (with modifications) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 83(1), Sch. 6 para. 3 S. 192 applied (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s. 47 S. 192 applied (1.4.2002) by Water (Scotland) Act 1980 (c. 45), s. 23(1ZA) (as inserted by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(1), 72, Sch. 6 para. 18(3) (with s. 67); S.S.I. 2002/118, art. 2(3)) S. 192 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 192(1)-(4) applied (with modifications) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), ss. 37(2), 59; S.S.I. 2004/404, art. 2(1) (with arts. 3, 4) S. 193 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 193 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 195 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14 S. 195 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 196 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 197 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 198 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 199 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 201 restricted (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 8 para. 39(2)(a)(iv) (with reg. 78, sch. 5 para. 2) S. 201(1) extended by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3) S. 201(3) excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3) S. 202 modified by S.I. 1984/918, reg. 2 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 S. 202 applied (with modifications) (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2) Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 202 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 202(4)(5)(6)(7)(8)(10)(12) applied (with modifications) (18.11.1990) by S.I. 1991/43, art. 8(1)(2). S. 202(4)-(8)(10)(12) applied (with modifications) (25.2.1991) by S.I. 1991/1082, art. 9(1)(2). S. 202(4)-(8)(10)(12) applied (with modifications) (5.11.1991) by S.I. 1991/2513, art. 15(1)(2). S. 202(4)-(8)(10)(12) applied (with modifications) (9.7.1992) by S.I. 1992/1975, art. 8. S. 202(4)-(8)(10)-(12) applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3). S. 202(4)-(8)(10)(12) applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1) S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1)(2) S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/202, art. 19(1)(2) S. 202(4)-(8)(10)(12) applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1) Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2, para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 202C applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 203 excluded by Civil Aviation Act 1982 (c. 16), s. 32(4) S. 203 excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8) Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 S. 203 applied (with modifications) (18. 11. 1990) by S.I. 1991/43, art. 8(1). S. 203 applied (with modifications) (25. 02. 1991) by S.I. 1991/1082, art. 9(1). S. 203 applied (with modifications) (05. 11. 1991) by S.I. 1991/2513, art. 15(1). S. 203 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2) S. 203 applied (with modifications) (9.7.1992) by S.I. 1992/1975, art.8. S. 203 applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1) Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1) S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/202. art. 19(1) S. 203 applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1) S. 204 modified by S.I. 1984/918, reg. 2 S. 204 applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3). Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 S. 204 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2) Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 204 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 208 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 210 applied (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VI, s. 45(3), Pt. VIII s.70 S. 210 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 210 applied (with modifications) (1.2.2000) by S.I. 1999/3445, reg. 9(5) S. 210(2)(4)-(8) applied (with modifications) (2.8.2004) by The Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769), reg. 17(2)(b) S. 210(2)–(9) excluded by Water (Scotland) Act 1980 (c. 45), s. 99(2) S. 210(2)-(8) applied (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 108), ss. 160(4)(5), 161(6), Sch. 7 para. 4(3) (with ss. 25(2), 167(4)(5)); S.I. 1992/2990, art. 2(2), Sch. 2 S. 210(2)-(8) applied (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), ss. 15(7), 20(11), Sch. 5 para. 6, Sch. 8, para. 2(7); S.I. 1991/2187, art. 3, Sch. S. 210(2)-(8) applied (27.8.1993) by 1993 c. 11, ss. 59(3), 68(2) S. 210(2)-(8) applied (27.8.1993) by 1993 c. 12, ss. 24(3)(b), 51(2) (with ss. 42, 46) S. 210(2)-(8) applied (5.1.1994) by 1993 c. 44, ss. 38(7), 64(2), Sch. 4 Pt. I para.6 (with s. 30(5)) S. 210(2)-(8) applied (18.11.1996) by 1996 c. 58, ss. 8(6), 48(6), Sch. 2 Pt. III para. 11 (with s. 41, 43(1)) S. 210(2)-(8) applied (1.4.1996) by 1995 c. 25, s. 53(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 210(2)-(8) applied (1.4.1996) by 1990 c. 43, Sch. 1 paras. 8-10 (as inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 93(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3) S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 28(2) (with s. 32); S.S.I. 2000/312, art. 2 S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 5(2) (with s. 32); S.S.I. 2000/312, art. 2 S. 210(2)-(8) applied (1.10.2001) by 2001 asp 8, s. 65(5); S.S.I. 2001/304, art. 2(1)(a) S. 210(2)-(8) applied (4.2.2002) by The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (S.S.I. 2002/6), regs. 3, 15(13) S. 210(2)-(8) applied (1.10.2005) by Energy Act 2004 (c. 20), ss. 95, 198(2), Sch. 16 para. 6(9)(b) (with s. 38(2)); S.I. 2005/877,{art. 2(2)}, Sch. 2 S. 210(2)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 17(3) (with reg. 50) S. 210(2)-(8) applied (with modifications) (1.1.2007) by The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 (S.I. 2006/582), reg. 17(13) S. 210(2)-(6) applied (with modifications) (1.10.2001) by 2001 asp 8, s. 65(6); S.S.I. 2001/304 art. 2a S. 210(2)(4)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(3), 30(4); S.S.I. 2007/516, art. 2) S. 210(2)(4)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(6) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2) S. 210(2)-(8) applied (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), regs. 1(2), 20(3) (with reg. 54) S. 210(2)-(8) applied (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 98(4), 134(7); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. S. 210(2)-(6) applied (with modifications) (1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes, 1.4.2017 for specified purposes, 19.6.2024 for specified purposes, 19.6.2025 for specified purposes) by 1978 c. 29, s. 10Z12(3)(4) (as inserted by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I. 2024/131, art. 2, sch. 1, sch. 2) S. 210(2)-(6) applied (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 98(4)(5), 134(7); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. S. 210(2)-(8) applied (6.4.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 28(2), 168(1) (with s. 162); S.S.I. 2011/58, art. 3(a) S. 210(2)-(8) applied (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 70(4), 324(3) (with ss. 76-81, 111); S.I. 2011/556, art. 3(2)(a) S. 210(3)-(5) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(6) S. 210(3)-(8) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 114(4), Sch. 20 para. 5(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 210(3)-(8) applied (with modifications) (28.9.2000) by S.S.I. 2000/323 reg. 22(13), Sch. 8 para. 4(10) S. 210(3)-(8) applied (1.4.2001) by 2001 asp 2, s. 52(6) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I S. 210(3)-(8) applied (with modifications) (31.3.2003) by The The Greenhouse Gas Emissions Trading Scheme Regulations 2003 (S.I. 2003/3311), reg. 28, Sch. 3 para. 4(6) S. 210(3)-(8) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(9) S. 210(3)-(8) applied (with modifications) (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), reg. 34(3), Sch. 3 para. 4(6) (with reg. 3) S. 210(3)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 49, Sch. 9 para. 19 (with reg. 50) S. 210(3)-(8) applied (with modifications) (17.9.2009) by The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 (S.I. 2009/2301), regs. 1, 37(3), Sch. 3 para. 4(6) S. 210(3)-(8) applied (with modifications) (31.12.2009) by The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 (S.I. 2009/3130), regs. 1, 7(4), Sch. 1 para. 3(11) S. 210(3)-(8) applied (with modifications) (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), reg. 1(2), sch. 9 para. 19 (with reg. 54) S. 210(3)-(8) applied (with modifications) (1.1.2013) by The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038), reg. 1, Sch. 11 para. 13(5) (with Sch. 1) S. 210(3)-(8) applied (with modifications) (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2012/360), reg. 1(2), sch. 8 para. 4(10) (with reg. 71) S. 210(3)-(5) applied (14.1.2021) by Transport (Scotland) Act 2019 (asp 17), ss. 12(4), 130(2) (with s. 126); S.S.I. 2020/429, reg. 2(a) S. 210(3)-(5) applied (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 75(4), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch. S. 210(4)-(8) applied (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 25, 59, Sch. 2 para. 11; S.S.I. 2004/495, art. 2 S. 210(4)(5): power to apply conferred (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1967 c. 77, s. 30(4) (as substituted (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1994 c. 29, s. 55(1); S.I. 1994/3075, art. 2, Sch.; S.I. 1996/1646, art. 2, Sch. (with art. 3)) S. 210(4)(5) applied (19.11.1998) by 1998 c. 46, s. 1(5), Sch. 1 para. 6(5) (with s. 126(3)-(11)) S. 210(4)(5): power to apply (with modifications) conferred (27.7.2001) by 1993 c. 9, s. 20(4A) (as inserted by 2001 asp 7, ss. 4, 5(1)(c) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3) S. 210(4)(5) applied (with modifications) (8.10.2001) by S.S.I. 2001/315, rule 24 S. 210(4)(5): power to apply (with modifications) conferred by Ministry of Defence Police Act 1987 (c. 4), s. 4A(4) (as inserted (9.3.2004) by Police Reform Act 2002 (c. 30) {ss. 79(2)}, 108(2)-(5)); S.I. 2004/636, art. 2 S. 210(4)(5) modified (1.4.2004) by Ministry of Defence Police Appeal Tribunals Regulations 2004 (S.I. 2004/652), reg. 11 S. 210(4)(5) applied by Scotland Act 1998 (c. 46), Sch. 1 para. 11 (as substituted (22.7.2004 with effect as mentioned in s. 1(4) of the amending Act) by Scottish Parliament (Constituencies) Act 2004, s. 1(1), {Sch. 1}) S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), reg. 107(2) S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), regs. 22(3), Sch. 1 para. 4(3) S. 210(4)(5) applied (with modifications) (with application in accordance with rule 1(2) of the amending S.S.I.) by The Parole Board (Scotland) Rules 2022 (S.S.I. 2022/385), rules 1(1), 28(1) (with rule 35) S. 210(6)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(4), 30(4); S.S.I. 2007/516, art. 2 S. 210(6)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(7) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2) S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008 (S.S.I. 2008/199), art. 8(9) S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008 (S.S.I. 2008/200), art. 7(9) S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 95(5), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6) S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 113(10), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6) S. 211 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 78(4), 335 S. 215 extended by Value Added Tax Act 1983 (c. 55), Sch. 10 para. 7 S. 225(6) amended: by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 29(2); and Civic Government (Scotland) Act 1982 (c. 45), ss. 134, 135 S. 231 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2 S. 231 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 232 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2 S. 232 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Power of appointment conferred by s. 238(2) fully exercised: S.I. 1973/1886, 2181 Sch. 6 para. 1(2): power to transfer or modify functions conferred (30.11.2000 for certain purposes only, otherwiseprosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) Sch. 7 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Sch. 7 applied (with modifications) (25.4.2002) by The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I. 2002/201), art. {10(5)} Sch. 7 applied (with modifications) (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I 2003/1), {art. 10(5)} Sch. 7 modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(3), 62; S.S.I. 2003/134, art. 2(1), Sch. Sch. 7 para. 2(1) modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 4(3); S.I. 1994/2850, art. 2, Sch. 1 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 1968 c. 16. 1994 c.39. 1972 c. 59. 1983 c. 2. 1981 c. 22. 1972 c. 11. 1970 c. 39. 1968 c. 49. 1970 c. 40. 1965 c. 49. 1970 c. 39. 1967 c. 86. 1845 c. 19. 1845 c. 33. 1923 c. 20. 1947 c. 42. 1959 c. 70. 1959 c. 70. 1936 c. 52. 1774 c. 48. 1966 c. 51. 1980 c. 44 1962 c. 47. 1987 c. 26. 1889 c. 50. 1959 c. 24. 1972 c. 21. 1947 c. 43. 1970 c. 44. 1967 c. 8. 1841 c. 30. 1967 c. 77. 1937 c. 28. 1847 c. 27. 1964 c. 40. 1964 c. 90. 1925 c. 33. 1933 c. 44. 1923 c. 18. 1948 c. 26. 1980 c. 45 ((130).). 1980 c. 45 (130). 1973 c. 65 (81:2). 1972 c. 52. 1963 c. 2. 1968 c. 65. 1889 c. 50. 1982 c. 45. 1982 c. 45. 1984 c. 27(107:1). 1974 c. 52. 1978 c. 44. 1982 c. 45. 1949 c. 31. 1924 c. 27. 1980 c. 44. 1947 c. 43. 1978 c. 30. 1947 c. 43. 1974 c. 46(55:1.) 1962 c. 37 1974 c. 52(43:5). 1980 c. 65(81:1). 1947 c. 43. 1925 c. 15. 1966 c. 49. 1948 c. 26. 1952 c. 47. 1956 c. 60. 1958 c. 64. 1963 c. 12 1964 c. 67. 1966 c. 9. 1966 c. 51. 1969 c. 48. 1957 c. 38. 1947 c. 43. 1967 c. 29. 1930 c. 43 1947 c. 42. 1950 c. 39. 1968 c. 73. 1970 c. 44. 1972 c. 20. 1972 c. 52. 1959 c. 24. 1947 c. 43. 1957 c. 40 1959 c. 24. 1951 c. 66. 1967 c. 78. 1973 c. 37 1968 c. 73. 1896 c. 48. 1930 c. 43. 1954 c. 64. 1958 c. 50. 1847 c. 27. 1862 c. 19. 1897 c. 53. 1937 c. 28. 1960 c. 31. 1964 c. 40. 1887 c. 42. 1920 c. 45. 1955 c. 27. 1962 c. 47. 1969 c. 49 1960 C. 62. 1947 c. 53 1959 c. 70. 1967 c. 69. 1968 c. 16. 1972 c. 5. 1963 c. 2. 1968 c. 65. 1925 c. 38. 1937 c. 48. 1939 c. 44. 1940 c. 31. 1951 c. 35. 1952 c. 46. 1963 c. 43. 1964 c. 70. 1966 c. 51. 1968 c. 38. 1968 c. 54. 1969 c. 27. 1972 c. 66. 1892 c. 12. 1892 c. 55. 1903 c. 33. 1914 c. 46. 1925 c. 38. 1925 c. 68. 1928 c. 29. 1929 c. 33. 1930 c. 43. 1937 c. 28. 1937 c. 48. 1950 c. 24. 1951 c. 35. 1956 c. 30. 1963 c. 43. 1964 c. 70. 1967 c. 86. 1968 c. 49. 1968 c. 73. 1972 c. 52 1969 c. xxiv. 1815 c. 42. 1822 c. 33. 1825 c. 22. 1868 c. 100 1875 c. 17. 1882 c. 49. 1892 c. 54. 1894 c. 58. 1894 C. 60 1897 c. 38. 1914 c. 46. 1916 c. 13. 1919 c. 97. 1922 c. 52. 1922 c. 52. 1922 c. 54. 1925 c. 33. 1928 c. 19. 1928 c. 29. 1928 c. 32. 1929 c. 25. 1930 c. 51. 1931 c. 41. 1933 c. 34. 1936 c. 52. 1937 c. 37. 1937 c. 37. 1939 c. 31. 1945 c. 15. 1947 c. 22. 1948 c. 5. 1948 c. 29. 1948 c. 5. 1949 c. 47. 1949 c. 94. 1949 c. 97. 1950 c. 38. 1951 c. 63. 1952 c. 61. 1967 c. 77. 1953 c. 36. 1953 c. 47. 1954 c. 42. 1954 c. 49. 1955 c. 18. 1955 c. 19. 1955 c. 21. 1956 c. 30. 1956 c. 49. 1956 c.52. 1957 c. 48. 1958 c. 24. 1958 c. 33. 1958 c. 40. 1958 c. 49. 1958 c. 69 1958 c. 5. 1959 c. 40. 1960 c. 34. 1960 c. 67. 1960 c. 68. 1961 c. 41. 1962 c. 37. 1964 c. 67 1965 c. 36. 1965 c. 46 1966 c. 51. 1967 c. 10. 1967 c. 24. 1967 c. 86. 1968 c. 3. 1968 c. 29. 1963 c. 31. 1947 c. 43. 1968 c. 46. 1968 c. 47. 1968 c.49. 1968 c. 67. 1969 c. 10. 1969 c. 48. 1969 c. 41. 1970 c. 49. 1970 c. 40 1971 c. 40. 1972 c. 2. 1972 c. 58. 1972 c. 60. 1972 c. 62. 1973 35. 1973 c. 43. 1947 c. 43. 1973 c. 57. 1973 c. 60. 1892 c. 55. 1903 c. 33. 1911 c. 51. 1903 c. 25. S. 225(6)(b): power exercised to postpone the date on which specified local statutory provisions shall cease to have effect by: S.I. 1984/1926, arts. 1, 2, Sch.; S.I. 1985/1629, arts. 1, 2, Sch.; S.I. 1986/2034, arts. 1, 2, Sch.; S.I. 1987/2090, arts. 1, 2, Sch.; S.I. 1988/2106, arts. 1, 3, Sch.; S.I. 1989/2223, arts. 1, 3, Sch.; and S.I. 1990/2370, arts. 1, 3, Sch. An Act to make provision with respect to local government and the functions of local authorities in Scotland; to amend Part II of the Transport Act 1968; and for connected purposes.
For the administration of local government on and after 16th May 1975, Scotland shall have local government areas in accordance with the provisions of this section.
Scotland (other than Orkney, Shetland and the Western Isles) shall be divided into local government areas to be known as regions, and those regions shall be the regions named in Part I of Schedule 1 to this Act and shall comprise the areas respectively described in column 2 of the said Part I, being administrative areas existing immediately before the passing of this Act.
Orkney, Shetland and the Western Isles shall be local government areas to be known as islands areas, and shall comprise the areas respectively described in column 2 of Part II of the said Schedule, being administrative areas existing immediately before the passing of this Act.
In each region there shall be local government areas to be known as districts, and the districts shall be the districts named in column 2 of Part III of the said Schedule and shall comprise the areas respectively described in column 3 of the said Part III, being administrative areas existing immediately before the passing of this Act.
On 16th May 1975, all local government areas existing immediately before that date, that is to say, all counties, counties of cities, large burghs, small burghs and districts, shall cease to exist, and the council of every such area shall also cease to exist.
Part IV of the said Schedule shall have effect in relation to the boundaries of the new local government areas.
For every region, islands area and district there shall be a council consisting of a chairman and councillors, and each such council shall have all such functions as are vested in them by this Act or otherwise.
Each such council shall be a body corporate by the name "The Regional Council", "The Islands Council" or "The District Council", as the case may be, with the addition of the name of the particular region, islands area or district, and shall have a common seal.
The chairman of each such council as aforesaid shall be elected by the council from among the councillors, and in the case of an equality of votes the chairmanship shall be determined by lot as between those who received an equal number of votes.
The term of office of the chairman shall be four years from the date of his election as chairman, except in the case of the first and second ordinary elections of chairman of a district council when the term of office shall be three years or, in the case of the filling of a casual vacancy, when the council may decide that the person elected to fill the vacancy should serve as chairman for the remainder of the term of office of the council.
The election of the chairman shall be the first business transacted at the first meeting of the council held after the ordinary election of councillors, and at that meeting, until the chairman is elected, the returning officer, and failing him such councillor as may be selected by the meeting, shall preside.
A person holding the office of chairman shall be eligible for re-election as chairman but shall cease to hold that office upon ceasing to be a councillor.
On a casual vacancy occurring in the office of chairman, an election to fill the vacancy shall be held as soon as practicable by the council at a meeting of the council the notice of which specifies the filling of the vacancy as an item of business, and the meeting shall be conducted in the same manner as an ordinary election of chairman.
The tide of " Lord Provost" shall attach to the chairman of each of the district councils of the cities of Aberdeen, Dundee, Edinburgh and Glasgow, the chairman of each other district council shall be known by such title as the district council, with the consent of the Secretary of State, may decide and the chairman of each regional or islands council shall be known as the convener of that council.
A council may pay the chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.
Councillors for a local government area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Act of 1949.
The ordinary election of councillors for a regional or islands council shall take place in 1974 and every fourth year thereafter.
Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of regional or islands councillors shall be four years and they shall retire together at the end of such term on the day of the ordinary election of such councillors.
The first ordinary election of councillors for a district council shall take place in 1974, the second such election shall take place in 1977 and the third such election shall take place in 1980; thereafter such elections shall take place every fourth year.
Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of district councillors shall be and they shall retire together at the end of such term on the day of the ordinary election of district councillors.
for those elected in 1974 and 1977, three years ;
for those elected in 1980 and later, four years ;
A person elected to the office of councillor at an election held under the provisions of section 9 or 10 of this Act shall hold office only until the day of the next ordinary election.
For the purpose of the election of councillors— and each such division or ward shall return one councillor.
every region and every islands area shall be divided into electoral divisions; and
every district shall be divided into wards ;
There shall be a separate election for each electoral division or ward.
Every local authority shall appoint an officer of the authority to be the returning officer for each election of councillors for the authority, and if the person so appointed dies, resigns or is for any other reason unable to act, the authority may appoint another person to be returning officer at that election.
A returning officer appointed under this Act may by writing under his hand appoint one or more persons to discharge all or any of his functions.
A local government election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
Elections of councillors for local government areas shall be conducted in accordance with rules made by the Secretary of State, and accordingly references in the Act of 1949 and in the Representation of the People Act 1969 to local elections rules shall, as respects Scotland, be construed as references to rules made under this section.
Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the Act of 1949 subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.
Without prejudice to the generality of subsection (2) above, rules made under this section shall prescribe that the nomination paper of a candidate for election as a councillor for a local government area shall contain a statement declaring that the candidate—
consents to be nominated as a candidate ;
if elected, will accept office as a councillor and will faithfully perform the duties of the office ;
has attained the age of 21 years and is a British subject or citizen of the Republic of Ireland and not subject to any legal incapacity; and
is not subject to any of the disqualifications for office set out in section 31 of this Act.
The statement mentioned in subsection (3) above shall also contain particulars of the candidate's qualification for office under paragraphs (a) to (d) of section 29(1) of this Act, in such form as may be prescribed by rules made under this section.
All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.
Before a poll is taken at an election for a local government area, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.
A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In every year in which ordinary elections of councillors for local government areas are held, the day of election shall be the first Tuesday in May.
If at an election of a councillor for a local authority the poll is, in accordance with the provisions of section 13 of the Representation of the People Act 1969, abandoned or countermanded by reason of the death of a candidate, the returning officer for the election which, by reason of such abandonment or countermanding, has not been duly held or has failed, shall order an election to be held as soon as practicable thereafter on a date to be fixed by him, and he shall remain the returning officer for that election.
At any such election, no fresh nomination shall be necessary in the case of a candidate who remained validly nominated for the election in respect of which the poll was abandoned or countermanded.
If for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act or of Part I of the Act of 1949 and the case is not otherwise provided for, or if there is for any reason no legally constituted local authority for any area or the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to this Act, the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable thereafter on a date to be fixed by the Secretary of State.
The Secretary of State may, in the said direction, make such provision as seems to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above, and any direction under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.
Schedule 2 to this Act shall have effect with respect to the establishment of the new local authorities, the suspension of elections of existing local authorities and related matters, and this Part of this Act shall have effect, in relation to such establishment, subject to the provisions of that Schedule.
Until 16th May 1975 the registration officer for any part of a constituency shall be the person who would, by virtue of the Act of 1949, have held that office apart from the changes to local government areas and authorities effected by this Act.
Schedule 3 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the Representation of the People Acts and other enactments relating to parliamentary and local government elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.
In this Part of this Act " the Act of 1949 " means the Representation of the People Act 1949, and " registration officer " has the same meaning as in that Act.
There shall be a commission to be known as Boundaries Scotland which is to carry out the functions conferred on it by or under this Act or any other enactment.
The provisions of Schedule 4 to this Act shall have effect with respect to Boundaries Scotland.
Boundaries Scotland may, in consequence of a review conducted by it under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to Boundaries Scotland desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):
the alteration of a local government area;
the constitution of a new local government area;
the abolition of a local government area;
a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a “substantive change”) which is independent of any change in local government areas so proposed.
Subject to sections 15 and 16 of this Act, it shall be the duty of Boundaries Scotland, not less than eight nor more than twelve years after 1st April 1996 and thereafter at intervals of not less than eight nor more than twelve years from the submission of the last report of Boundaries Scotland on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
Without prejudice to subsection (1) above, Boundaries Scotland may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
If Boundaries Scotland receive a request from a local authority or from any person that it should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to Boundaries Scotland to have an interest, Boundaries Scotland shall consider the request.
In any case where the Secretary of State has made an order under section 1 of the New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to Boundaries Scotland a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of Boundaries Scotland, subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
Any review under this section must be completed no less than 18 months before the date of the next ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983).
The Secretary of State may by direction given to Boundaries Scotland vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases.
Subject to section 16 of this Act, the Secretary of State may direct Boundaries Scotland to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
The Secretary of State may direct Boundaries Scotland not to undertake during a specified period a review of any one or more local government areas or parts of such areas which it has the duty or power to review under section 14 of this Act.
The Secretary of State may give directions to Boundaries Scotland for its guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.
A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities.
The Secretary of State may give directions to Boundaries Scotland with respect to the order in which areas are to be reviewed by it under sections 14 and 15(2) of this Act.
No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.
Boundaries Scotland must review the electoral arrangements for a local government area for the purpose of—
considering whether to make proposals to the Scottish Ministers for a substantive change in those arrangements,
considering what proposals, if any, to make, and
formulating any such proposals.
Without prejudice to subsection (2) above, Boundaries Scotland may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and Boundaries Scotland shall formulate any such proposals accordingly.
Boundaries Scotland must submit to the Scottish Ministers a report on its review of the electoral arrangements for a local government area under subsection (2)—
in the case of the first report on its review of that area after the coming into force of this subsection by, in so far as is reasonably practicable, no later than 31 October 2030, and
thereafter, in so far as is reasonably practicable, at intervals of not more than 15 years after the date of the submission of the report on its previous review of that area under subsection (2).
Boundaries Scotland may not submit a report in accordance with subsection (2A)(b) or make a proposal to the Scottish Ministers following a review under subsection (3) during any period of 18 months immediately preceding the date of each ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983) held after 6 May 2032.
Boundaries Scotland must submit a report to the Scottish Ministers where it—
has a power or duty to formulate proposals to the Scottish Ministers, and
has been conducting a review of—
any area in accordance with section 14 or 15, or
electoral arrangements in accordance with section 16.
Boundaries Scotland must—
include in the report either—
the proposals it has formulated following the review (or any part of the review), or
a notification that it has no proposals to make following the review (or any part of the review), and
submit the report not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16.
Where the report includes a proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).
As soon as practicable after Boundaries Scotland has submitted a report under this section, the Scottish Ministers must—
lay the report before the Scottish Parliament, and
if the report proposes an alteration to any local government area or to any electoral arrangements, either—
by regulations give effect to those proposals, or
lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations giving effect to those proposals (“draft instrument”), in the case where the regulations are subject to the affirmative procedure.
Regulations under subsection (4)(b) are subject to the affirmative procedure if they—
abolish or alter the boundaries of—
any local government area,
any electoral ward, or
increase or decrease the number of councillors to be returned in any electoral ward.
If the draft instrument is withdrawn, or if the motion for the approval of the draft instrument is rejected by the Scottish Parliament, the Scottish Ministers must either—
amend the draft instrument to make such minor or technical alterations as they consider appropriate (“amended draft instrument”) and lay the amended draft instrument before the Scottish Parliament, or
notify Boundaries Scotland that it is required to conduct a further review of the proposals in accordance with section 17A.
As soon as reasonably practicable after laying for approval the amended draft instrument in accordance with subsection (6)(a), the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft instrument.
The Scottish Ministers must not withdraw a draft instrument or an amended draft instrument laid before the Scottish Parliament under subsection (4)(b)(ii) or, as the case may be, (6)(a) except with the agreement of the Scottish Parliament.
If the Scottish Parliament approves— the Scottish Ministers must make the regulations contained in the draft instrument or, as the case may be, the amended draft instrument.
a draft instrument laid before it by the Scottish Ministers under subsection (4)(b)(ii), or
an amended draft instrument laid before it by the Scottish Ministers under subsection (6)(a),
The Scottish Ministers may lay before the Scottish Parliament under paragraph (b)(ii) of subsection (4) more than one draft Scottish statutory instrument containing regulations giving effect to proposals referred to in that subsection.
Accordingly, the references in subsections (6) to (8) to a draft instrument or an amended draft instrument include references to more than one draft instrument or amended draft instrument.
Boundaries Scotland must conduct a further review of proposals to alter any local government area or electoral arrangements where it has been notified by the Scottish Ministers under section 17(6)(b).
Boundaries Scotland may determine the manner and the extent of the review under this section, provided that the purpose of the review is to—
consider the representations (if any) of the Scottish Parliament, and
reconsider the proposals and make any further or supplementary proposals as it thinks fit.
Sections 18 (except subsections (2) and (3)) and 19 apply to a review under this section as they apply to a review under section 17 (but subject to the modification in subsection (4)).
The modification is that the reference in subsection (2A) of section 18 to a consultation under subsection (2)(a) of that section is to be read as if it were a reference to any consultation carried out by Boundaries Scotland in connection with a review under this section.
Boundaries Scotland may take such steps under section 18(3) as it thinks fit in relation to a review under this section.
Boundaries Scotland must—
before such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, submit a report to the Scottish Ministers on its further review under this section, and
include in the report either—
any further or supplementary proposals it has formulated following the review, or
a notification that it has no further or supplementary proposals to make.
Where the report includes a further or supplementary proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).
Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17.
But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so.
A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part.
Where Boundaries Scotland propose to conduct a review under the foregoing provisions of this Part of this Act, it must take such steps as it thinks fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.
In conducting any such review, Boundaries Scotland shall—
consult—
the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to it to be concerned;
any bodies representative of staff employed by local authorities who have asked Boundaries Scotland to consult them; and
such other persons as it thinks fit;
take such steps as it thinks fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;
at least two months before taking any steps under paragraph (b) below to inform other persons of any draft proposals or any interim decision not to make proposals, inform the council of any local government area affected by the review of those proposals or that decision;
in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and
before taking any such steps, take into consideration any representation made to it by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);
take into consideration any representation made to it within that period.
Where Boundaries Scotland make a report under this Part of this Act it must —
take such steps as it thinks fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;
in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of regulations giving effect to any proposals contained in the report, or after a notification by Boundaries Scotland that it has no proposals to put forward... .
The Scottish Ministers may give directions to— in relation to consultation under subsection (2)(a) above.
Boundaries Scotland,
the council of any local government area affected by a review,
Subject to the foregoing provisions of this section, the procedure of Boundaries Scotland in conducting any review under this Part of this Act shall be such as it may determine.
Such directions may be given generally or in relation to particular reviews or particular aspects of reviews.
Boundaries Scotland may cause a local inquiry to be held with respect to any review carried out by it under this Part of this Act.
Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to Boundaries Scotland.
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Boundaries Scotland may appoint one or more members of Boundaries Scotland —
to hold any local inquiry or to carry out any consultation or investigation which Boundaries Scotland are required or authorised to hold or carry out under this Act; and
to report to Boundaries Scotland accordingly.
At the request of Boundaries Scotland the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.
The appointment of an assistant commissioner under subsection (2) above—
shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and
shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Treasury.
No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.
The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area.
Notice of any change of name made under this section—
shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and
shall be published in such manner as the Secretary of State may direct.
Where a council so change the name of their area into Gaelic, they may also, by a resolution passed in accordance with subsection (1) above and notwithstanding sections 2(3) and 3(1)(a) of the Local Government etc. (Scotland) Act 1994, decide that their name shall be “Comhairle” with the addition of the name of their area.
A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.
A council which have so changed their name into Gaelic may, by a resolution passed in accordance with subsection (1) above, change it back into English.
The name of a region, islands area or district shall not be changed under this section unless the change is made with the consent of the Secretary of State.
The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of regulations under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act.
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under this Part of this Act may include the like provision in relation to the regulations as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
Any such regulations may also include provision with respect to—
the name of any altered area;
the constitution and election of public bodies in any area affected by the regulations;
the retiral of existing councillors for electoral wards which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral wards, and the first election of councillors for any new or altered electoral wards;
without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral wards in the local government area in question in a case where substantial changes have been made to some of those wards;
the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the regulations;
the register of electors to be used at any election of . . . councillors for any electoral ward affected by the regulations .
In this section and in section 25 of this Act, “public body” means a local authority, joint board or joint committee.
Subject to any regulations made under section 24 of this Act and to the provisions of any regulations made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by regulations under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.
The agreement may provide—
for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and
for the making of any such payment either by way of a capital sum or of a terminable annuity.
In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.
Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.
Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.
The power conferred by section 233 to vary and revoke orders under this Act is to be read to apply to regulations under this Part but modified to apply only in relation to any supplementary provision contained in any such regulations, and regulations varying or revoking any such provision may be made only after compliance with subsections (2) and (3).
When the Secretary of State proposes to make any such varying or revoking regulations he shall prepare a draft of the regulations, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.
The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make regulations either in the form of the draft or subject to modifications.
The Secretary of State may cause a local inquiry to be held with respect to draft regulations under this section.
In this section “supplementary provision” means any such provision as could be made by regulations under this part of this Act by virtue of section 24 or 215 of this Act.
In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult Boundaries Scotland on any matter relating to the boundaries of the area of a community council.
In this Part of this Act—
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
" local government area " means a region, islands area or district;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;
“local government area” means the area of a local authority;
(1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to—
a committee (including a joint committee) of a council and that committee’s members; or
a sub-committee of any such committee of a council and that sub-committee’s members.
In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9) the Secretary of State and Boundaries Scotland shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of section 1 of the Local Governance (Scotland) Act 2004 (asp 9).
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A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 18 years, is a qualifying Commonwealth citizen or a citizen of the Irish Republic or a qualifying foreign national ... and not subject to any legal incapacity and—
is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or
has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or
his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or
has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.
In subsection (1) above,
A person ceasing to hold office to which he is elected under the Local Government etc. (Scotland) Act 1994 shall, unless he is not qualified or is disqualified, be eligible for re-election.
Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of the authority; or
of any joint committee or joint board the expenses of which are defrayed in part by the authority; or
he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; ...
he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; ...
he is subject to a bankruptcy restrictions order;
he is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1983.
the person is subject to—
any relevant notification requirements, or
a relevant sexual harm or risk order,
the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,or
the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).
Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—
the sequestration of his estate is recalled or reduced; or
he is discharged under or by virtue of the Bankruptcy (Scotland) Act 2016 .
A person who is subject to— is not disqualified merely because of subsection (1)(e), (f) or, as the case may be, (g) until the appropriate time.
any relevant notification requirements,
a relevant sexual harm or risk order, or
a relevant disqualification order,
Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and
if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.
The appropriate time is—
the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or
if earlier, the expiry of the ordinary period allowed for making—
an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate,
an appeal against the relevant sexual harm or risk order, or
an appeal against the conviction or the making of the disqualification order.
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But if, before the appropriate time mentioned in subsection (1ZB), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless—
the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or
at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified).
A person who is subject to any relevant notification requirements, a relevant sexual harm or risk order or a relevant disqualification order is suspended from performing any of the functions of a member of a local authority during the period beginning with the date of the imposition of the requirements or of the order date and ending with the date on which—
the office is vacated in accordance with subsection (1ZB) or (1ZC), or
an appeal mentioned in subsection (1ZB) is upheld.
A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of convener or depute convener of the board) or other place of profit in the gift or disposal of the board.
A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.
In subsection (1)(ba) above, “bankruptcy restrictions order” means—
a bankruptcy restrictions order made under section 155 of the Bankruptcy (Scotland) Act 2016 ;
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a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or
a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.
In this section, “relevant notification requirements” means—
the notification requirements of Part 2 of the Sexual Offences Act 2003,
the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010,
the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
the notification requirements of schedule 1 of the Criminal Justice Act 2001 (an Act of the Tynwald of the Isle of Man).
In this section, “relevant sexual harm or risk order” means—
a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
a sexual harm prevention order under section 103A of the Sexual Offences Act 2003,
sexual offences prevention order under section 104 of that Act,
a sexual harm prevention order under section 345 of the Sentencing Act 2020,
a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010,
a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man),
a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005,
a sexual risk order under section 122A of the Sexual Offences Act 2003,
a risk of sexual harm order under section 123 of that Act,
a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010,
a risk of sexual harm order under section 22 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
a risk of sexual harm order under section 5 the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man).
The Scottish Ministers may by regulations make such amendments to subsection (4) and (5) as they consider appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in those provisions.
Regulations under subsection (6) are subject to the affirmative procedure.
In this section—
Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authority may be instituted before the sheriff principal by any opposing candidate at the election.
Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned.
Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue.
Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may—
make a declaration to that effect and declare that the office in which the person has acted is vacant;
grant interdict against the person so acting;
order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit.
Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting.
The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.
For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority.
A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.
A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.
A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.
In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).
In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).
This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).
The acts and proceedings of any person elected to an office under the Local Government etc. (Scotland) Act 1994 and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.
A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect.
Subject to subsections (2) to (4) below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority.
Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.
A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.
The absence of a member of a local authority from a meeting of the authority during a period of suspension imposed on the member under section 103F or 103G of this Act or section 19 or 21(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is not, for the purposes of this section, a failure to attend the meeting.
For the purpose of filling a casual vacancy in any office for which an election is held under the Local Government etc. (Scotland) Act 1994, the date on which the vacancy is to be deemed to have occurred shall be—
in the case of death, on the date of death;
in the case of resignation, the date on which the notice of resignation takes effect;
in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7). or the date of the determination of any appeal;
in the case of a full number of members of a local authority not being elected at an election, the day on which the poll was held at the election;
in the case of an election being declared void on an election petition, the date of the decision of the election court;
in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.
On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the day on which the poll is to be held at the election to fill the vacancy shall be fixed by the returning officer.
Where a casual vacancy in any such office occurs within six months before the relevant date . . . , an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.
A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election.
For the purposes of subsection (2) above, the “relevant date” is—
the first Thursday in May in the year in which the next ordinary election is to be held; or
where, by virtue of subsection (1)(b) of section 43 of the Representation of the People Act 1983 (c.2), the poll at that election is to be held on another day, that other day.
This section applies where—
a casual vacancy occurs in the office of councillor,
the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and
the date fixed does not fall within the period of 6 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1).
Subsection (4) applies where—
the returning officer fixes a date under subsection (2), and
the date fixed does not fall within the period of 6 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2).
Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult—
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
the date fixed for the holding of the poll, and
the reasons for the exercise of the power.
For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A).
This section applies where—
a casual vacancy occurs in the office of councillor,
on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members,
the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and
the date fixed falls within the period beginning 6 months before the relevant date and ending 3 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A.
Before fixing a date under subsection (2) the returning officer must consult—
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
the date fixed for the holding of the poll, and
the reasons for the exercise of the power.
This section applies where—
a casual vacancy occurs in the office of councillor,
the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and
the date fixed falls within the period of 6 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.
Before determining that an election is not to be held under subsection (2), the returning officer must consult—
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
that an election is not to be held, and
the reasons for the exercise of the power.
Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.
A person elected to office as a councillor of a local authority shall not, unless— act in the office except for the purpose of taking such a declaration.
he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and
the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,
If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.
The declaration shall be made before either—
two members of the local authority to which the declarant is elected; or
the proper officer of the local authority; or
the sheriff; or
a justice of the peace.
Any person before whom a declaration is authorised to be made under this section may take the declaration.
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Subject to the provisions of section 60 of this Act, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting, and as soon as practicable after its commencement, disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
If any person fails to comply with the provisions of subsection (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding £200 unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.
A local authority may, by standing orders, provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
The following, that is to say— shall not be treated as a pecuniary interest for the purposes of this section.
the receipt by the chairman of a council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;
the receipt by a member of a local authority of an allowance or other payment under any provision of sections 45 to 48 of this Act or his right to receive, or the possibility of his receiving, any such payment;
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For the purposes of section 38 of this Act, a person shall be treated, subject to the following provisions of this section and to section 41 of this Act, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—
he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.
Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.
In the case of married persons living together, the interest of one spouse shall, if known to the other, be deemed for the purpose of section 38 of this Act to be also an interest of the other.
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A general notice, given in writing to the proper officer of the authority by a member thereof, to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.
The proper officer of the authority shall record, in a book to be kept for the purpose, particulars of any disclosure made under section 38 of this Act and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any local government elector for the area of the local authority.
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The Secretary of State, as respects a member of any local authority, may, subject to such conditions as he may think ' fit to impose, remove any disability imposed by section 38 of this Act in any case in which the number of members of a local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.
The power of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member, or any class or description of member, by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.
Nothing in section 38 of this Act precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.
Section 38 of this Act does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as a ratepayer or inhabitant of the area, or as an ordinary consumer of water or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.
For the purposes of section 38 of this Act, a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected, as mentioned in section 39 of this Act, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.
Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £1,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, sections 38 and 39 of this Act shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose has interest.
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In sections 39 and 41 of this Act, " securities " and " shares " have the same meaning respectively as in the Prevention of Fraud (Investments) Act 1958.
In section 39 of this Act, " public body " includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, or college, school or hall of a university, college of education or central institution or of any institution established under section 81(2) of the Education (Scotland) Act 1962, and the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935. In this subsection, " college of education" and " central institution " have the meanings assigned to them by section 145 of the said Act of 1962.
The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees.
For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as " the 1960 Act") shall have effect subject to the following provisions of this section.
Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply to any committee constituted under an enactment specified in section 56(9) of this Act and to any committee appointed by one or more local authorities under section 57 of this Act, not being a committee falling within section 2(1) of the 1960 Act.
Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.
Any member of a local authority who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the local authority may determine.
The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.
The amount of any allowance determined by a local authority under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the authority entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.
Any member of a body to which this section applies who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.
Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.
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The following bodies, that is to say— may pay any member of the body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.
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any body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;
Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.
payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed— and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.
in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;
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In relation to any other body to which this section applies, . . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.
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In relation to any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in the body’s opinion relate—
to the functions of the body; or
to any functions of local authorities in which the body has an interest.
Subject to subsection (2) below, a local authority may—
defray any travelling or other expenses receipted and reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;
defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.
In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of any allowances and reimbursement of expenditure by virtue of regulations made under section 11 of the Local Governance (Scotland) Act 2004 if the making of the visit had been an approved duty of that member.
Sections 45 to 47 of this Act shall apply to the following bodies—
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any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;
any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;
any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and
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In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.
attendance at a meeting of the body, or of any of its committees or sub-committees;
the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees ;
where, in pursuance of a duty imposed on or a power granted to the body by any enactment or instrument (including a Royal Charter), he has been appointed by or on the nomination of the body to be a member of some other body prescribed for the purposes of this paragraph (whether or not also prescribed for the purposes of sections 45 to 47 of this Act), the doing of anything as a member of that other body for the purpose of, or in connection with, the discharge of the functions of that other body.
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For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a . . . body mentioned in subsection (1) above shall be deemed to be a member of that body.
Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.
The Secretary of State may make regulations as to the manner in which sections 45 to 48 and 49A of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—
providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;
specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;
providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.
A statutory instrument containing regulations under section 45 49 or 49A of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Every local authority . . . shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.
In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.
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Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.
After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—
a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;
where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;
provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;
provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and
such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.
The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.
After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.
The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.
After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.
Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.
Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.
The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with— Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.
the notified proposals; or
those proposals as amended to take account of any such representations:
A decision of the local authority— a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.
to review, under subsection (1) above; or
to amend, under subsection (2) above,
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If, contrary to section 51 of this Act, a local authority fail to submit to the Secretary of State a scheme for their area or any part thereof, he may himself prepare a scheme, carry out any consultations which seem to him to be appropriate, and, if he thinks fit, hold a local inquiry in relation to the scheme.
After considering those consultations and the result of any local inquiry, the Secretary of State may confirm the scheme subject to such, if any, modifications as he thinks fit, and may organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing a community council or councils for the area or areas concerned.
If, contrary to section 53 of this Act, a local authority fail to review a scheme or make proposals in pursuance of such review, the Secretary of State may propose amendments to the scheme, carry out consultations and hold a local inquiry as aforesaid.
After considering those consultations and the result of any local inquiry, the Secretary of State may confirm the amendments subject to such, if any, modifications as he thinks fit.
Where a scheme or amendments are confirmed by the Secretary of State under this section, he shall give public notice of the scheme or amendments as confirmed.
Any expenses incurred by the Secretary of State by virtue of this section, which he certifies as having been incurred in performing the functions of a local authority, may be recovered by him from that authority.
. . . councils for local government areas may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.
A meeting of a local authority shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.
The public shall be excluded from a meeting of a local authority during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during consideration of that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.
For the purposes of subsection (2) above, “confidential information” means— and, in either case, the reference to the obligation of confidence is to be construed accordingly.
information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and
information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;
A local authority may by resolution exclude the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of exempt information, as defined in section 50J below.
A resolution under subsection (4) above shall— and where such a resolution is passed this section shall not require a meeting to be open to the public during proceedings to which the resolution applies.
identify the proceedings, or the part of the proceedings, to which it applies; and
state the description, in terms of Schedule 7A to this Act, of the exempt information giving rise to the exclusion of the public,
The following provisions shall apply in relation to a meeting of a local authority, that is to say—
public notice of the time and place of the meeting shall be given by posting it at the offices of the authority three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;
while the meeting is open to the public, the authority shall not have power to exclude members of the public from the meeting; and
where the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the authority or not connected to a public electronic communications network, for transmitting the report by means of such a network at their own expense.
Nothing in this section shall require a local authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.
This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.
Copies of the agenda for a meeting of a local authority and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the authority in accordance with subsection (3) below.
If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during consideration of which, in his opinion, the meeting is likely not to be open to the public.
Any document which is required by subsection (1) above to be open to inspection shall be so open at least three clear days before the meeting, except that— but nothing in this subsection or subsection (1) above requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the authority.
where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and
where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item shall be open to inspection from the time the item is added to the agenda;
An item of business may not be considered at a meeting of a local authority unless either—
a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or
by reason of special circumstances, which shall be specified in the minutes, the convenerof the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—
every copy of the report or of the part shall be marked “Not for publication”; and
there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 7A to this Act, of the exempt information by virtue of which the authority are likely to exclude the public during consideration of the item to which the report relates.
Where a meeting of a local authority is required by section 50A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.
There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—
a copy of the agenda for a meeting of a local authority and, subject to subsection (8) below, a copy of each of the reports for the meeting;
such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and
if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the authority in connection with the item.
Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.
After a meeting of a local authority the following documents shall be open to inspection by members of the public at the offices of the authority until the expiration of the period of six years beginning with the date of the meeting, namely—
the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of the proceedings during which the meeting was not open to the public as discloses exempt information;
where applicable, a summary under subsection (2) below;
a copy of the agenda for the meeting; and
a copy of so much of any report supplied to members of the authority for the meeting as relates to any item during consideration of which the meeting was open to the public.
Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.
Subject, in the case of section 50C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a local authority are required by section 50B(1) or 50C(1) above to be open to inspection by members of the public— shall also be open to such inspection at the offices of the authority.
copies of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and
at least one copy of each of the documents included in that list,
Subsection (1) above does not require a copy of the list, or of any document included in the list, to be open for inspection after expiration of the period of four years beginning with the date of the meeting.
Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.
Nothing in this section—
requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or
without prejudice to the generality of subsection (2) of section 50A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.
For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which— but do not include any published works.
disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and
have, in his opinion, been relied on to a material extent in preparing the report,
Sections 50A to 50D above shall apply in relation to— as they apply in relation to a local authority.
a committee or sub-committee of a local authority, and
a committee (not falling within paragraph (a) above) constituted under an enactment specified in section 56(9) below or a sub-committee of such a committtee, and
a relevant body, or a committee or sub-committee of such a body,
In the application by virtue of this section of sections 50A to 50D above in relation to a committee , sub-committee or relevant body—
section 50A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent authority and if the meeting of the committee , sub-committee or relevant body to which that section so applies is to be held at premises other than the offices of such an authority, at those premises; and
for the purposes of section 50A(6)(c), premises belonging to a constituent authority shall be treated as belonging to the committee , sub-committee or relevant body; and
for the purposes of sections 50B(1), 50C(1) and 50D(1), offices of any constituent authority shall be treated as offices of the committee , sub-committee or relevant body.
Any reference in subsection (2) above to a constituent authority is a reference to a local authority which (whether alone or with one or more other local authorities) .
in the case of a relevant body or a committee or sub-committee of such a body, appointed the members of the relevant body;
in the case of any other committee, appointed the committee; or
in the case of any other sub-committee, appointed the committee of which that body is a sub-committee.
Any document which is in the possession or under the control of a local authority and contains material which relates to any business to be transacted or proceedings at a meeting of— shall, subject to subsection (2) below, be open to inspection by any member of the authority and, in the case of a committee , sub-committee or relevant body, by any other member of the committee , sub-committee or relevant body.
the authority or of a committee or sub-committee of the authority; or
a statutory committee appointed by the authority, or any sub-committee of that committee, ; or
a relevant body, any member of which was appointed by the authority, or of a committee or sub-committee of such a body
Where it appears to the proper officer that a document discloses exempt information of a description for the time being falling within any of paragraphs 1 to 5, 7, 9, 11, 12 and 14 of Part I of Schedule 7A to this Act, subsection (1) above does not require the document to be open to inspection.
The Secretary of State may by order amend subsection (2) above—
by adding to the descriptions of exempt information to which that subsection refers for the time being; or
by removing any description of exempt information to which it refers for the time being.
Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The rights conferred by this section on a member of a local authority are in addition to any other rights he may have apart from this section.
A local authority shall maintain a register stating—
the name and address of each member of the authority for the time being and the electoral . . . ward which he represents; and
the name and address of every member of each committee or sub-committee of the authority for the time being.
A local authority shall maintain a list— but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.
specifying those powers of the authority which, for the time being, are exercisable from time to time by officers of the authority in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and
stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;
There shall be kept at the offices of every local authority a written summary of the rights— which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.
to attend meetings of the authority and of committees and sub-committees of the authority, and
to inspect and copy documents and to be furnished with documents,
The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the authority.
A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours—
in the case of a document open to inspection by virtue of section 50D(1) above, upon payment of such reasonable fee as may be required for the facility; and
in any other case, without payment.
Where a document is open to inspection by a person under any provision of this Part, the person may, subject to subsection (3) below— upon payment of such reasonable fee as may be required subject to any provision to the contrary in any other enactment or instrument.
make copies of or extracts from the document,
require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,
Subsection (2) above does not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a local authority, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.
If, without reasonable excuse, a person having the custody of a document which is required by section 50B(1) or 50C(1) above to be open to inspection by the public— he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extract from, the document, or
refuses to furnish copies to any person entitled to obtain them under any provision of this Part,
Where any accessible document for a meeting to which this subsection applies— the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.
is supplied to, or open to inspection by, a member of the public, or
is supplied for the benefit of any newspaper, in pursuance of section 50B(7) above,
Subsection (5) above applies to any meeting of a local authority and any meeting of a committee or sub-committee as is mentioned in paragraph (a) or (b) of section 50E(1) above and any meeting of a relevant body or of a committee or sub-committee of such a body; and for the purposes of that subsection the “accessible documents” for a meeting are the following—
any copy of the agenda or of an item included in the agenda for the meeting;
any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 50B(7)(b) above;
any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 50B(7)(c) above;
any copy of the whole or part of a report for the meeting;
any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 50D above.
The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.
The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 7A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of that Schedule.
The Secretary of State may by order vary Schedule 7A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.
Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“information” includes an expression of opinion, any recommendations and any decision taken;
References in this Part to a committee or sub-committee, in relation to a local authority, shall be construed in accordance with the following provisions—
references to a committee of a local authority are references to a committee appointed under section 57 below by the authority or by two or more local authorities of which one is that authority and references to a sub-committee of a local authority are references to a sub-committee appointed by such a committee under that section; and
references to a statutory committee appointed by a local authority are references to a committee constituted under an enactment specified in section 56(9) below other than a committee constituted under either of the enactments specified in paragraph (d) of that section and appointed by the authority or by two or more local authorities of which that authority is one and references to a sub-committee of such a statutory committee shall be construed accordingly.
Any reference in this Part to a meeting is a reference to a meeting commenced after the 1st April 1986.
Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.
Where by virtue of this section any function of a local authority may be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—
the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and
the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.
Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—
the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions; and
that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.
Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.
Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
A local authority’s functions with respect to— shall be discharged only by the authority.
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setting an amount of council tax in accordance with section 93(1) of the Local Government Finance Act 1992, or setting a reduced amount of council tax under section 94 of that Act or paragraph 3 of Schedule 7 to that Act;
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borrowing money,
approval of any annual investment strategy or annual investment report required by any consent issued by the Scottish Ministers by virtue of section 40 of the Local Government in Scotland Act 2003 (asp 1),
A local authority shall not make arrangements under this section for the discharge of any of their functions under the Animal Health Act 1981 by any other local authority.
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Any enactment, except one mentioned in subsection (9) below, which contains any provision— shall, to the extent that it makes any such provision, cease to have effect.
which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or
which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;
The duty to carry out a review of a case imposed on an authority under section 86(2) of the Community Empowerment (Scotland) Act 2015 (reviews by local authorities of asset transfer requests) must be discharged only by the authority or a committee or sub-committee of the authority; and accordingly no such committee or sub-committee may arrange for the discharge under subsection (2) of the duty by an officer of the authority.
The following enactments are exempted from subsection (8) above—
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section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);
section 9 of the said Act of 1972 (superannuation of teachers).
In subsection (6B), the reference to section 86(2) of the Community Empowerment (Scotland) Act 2015 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89 of that Act.
This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.
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A local authority is not to make arrangements under this section for the discharge of any functions conferred on it by the Public Bodies (Joint Working) (Scotland) Act 2014 by any other local authority.
The Secretary of State may approve, with or without modifications, proposals submitted to him under subsection (11) above or may refuse to approve them, and any such proposals may be varied or revoked by subsequent proposals which shall be submitted to the Secretary of State for approval or otherwise as aforesaid.
The Strathclyde Regional Council shall cause their said functions to be discharged in accordance with any proposals approved under subsection (12) above, and on 15th May 1978 subsections (11) and (12) above and this subsection shall cease to have effect.
References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.
Nothing in this section affects the operation of the Local Authorities (Goods and Services) Act 1970.
In this section, “Act” includes an Act of the Scottish Parliament.
For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—
the authority may appoint a committee of the authority; or
two or more local authorities may appoint a joint committee of those authorities; or
any such committee may appoint one or more sub-committees.
Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.
A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.
A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—
may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and
may appoint one or more sub-committees to advise the committee with respect to any such matter.
Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in the case of disagreement, as may be determined by the Secretary of State.
Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.
Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.
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as respects members of a committee or sub-committee, references to meetings of the committee or subcommittee shall be substituted for references to meetings of the local authority; and
as respects members of a joint committee, references to meetings of the joint committee shall be substituted for references to meetings of the local authority.
Where a local authority by virtue of any enactment of instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.
A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any sub-committee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.
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Subsections (2) to (4) below shall have effect for the purposes of the application of the foregoing provisions of this Part of this Act to a local authority in relation to their functions as a police authority.
A police authority may not arrange under section 56(1) of this Act for the discharge of any of their functions by another police authority or a district council.
The following provisions of this Part of this Act shall not apply to a police authority—
in section 56, subsections (3), (5) and (10),
section 57(1)(b).
Section 62 of this Act shall not apply in a case where a joint police committee are constituted by or under an amalgamation scheme made under Part I of the Police (Scotland) Act 1967.
Subsections (1) and (2) of section 56 of this Act shall apply to a joint police committee as they apply to a local authority except that—
they may not arrange for the discharge of any of their functions by another joint police committee or a police authority or district council, or
if the function relates to part only of the combined area in respect of which the committee are exercising functions, they may not arrange for the discharge of that function by any other person.
Where— the Secretary of State may by order establish a joint board in accordance with this section to discharge those functions.
arrangements are made (whether under this Act or any other enactment) for two or more local authorities (in this Part of this Act referred to as “the relevant authorities”) to discharge any of their functions, or any functions in any area, jointly;
the relevant authorities have—
appointed, or propose to appoint, a joint committee to discharge those functions; and
advertised their proposals in accordance with subsection (2) below; and
application is made, in writing, to the Secretary of State by the relevant authorities for the incorporation of that joint committee (or proposed joint committee) as a joint board to carry out those functions,
Before applying to the Secretary of State under subsection (1)(c) above, the relevant authorities shall place in at least one daily newspaper circulating in their areas an advertisement— and they shall include with their application evidence that an advertisement has been placed.
giving brief details of what they propose to do;
giving an address to which representations about the proposal may be sent; and
fixing a date, being not less than 8 weeks after the date on which the advertisement appears, within which representations may be made,
Where any representations are timeously made in response to an advertisement placed in accordance with subsection (2) above, the relevant authorities shall consider them and shall include with their application a statement that they have done so.
An order under subsection (1) above shall delegate to the joint board such of the functions of the relevant authorities as may be specified in the order and may include provision with respect to— and may, without prejudice to the generality of paragraphs (a) to (e) above, apply (with or without modifications) any of the provisions of Part V of this Act to a joint board as those provisions apply to a joint committee.
the constitution and proceedings of the joint board;
matters relating to the membership of the joint board;
the transfer to the joint board of any property, rights and liabilities of the relevant authorities;
the transfer to the joint board of any staff of the relevant authorities;
the supply of services or facilities by the relevant authorities to the joint board,
A joint board established under this section shall be a body corporate and shall have a common seal.
An order under subsection (1) above shall be in terms agreed by the relevant authorities.
An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where the Secretary of State considers— he may, after consulting the relevant authorities, by order establish a joint board in accordance with this section.
that any functions, or any functions in any area, of the relevant authorities should be discharged jointly by those authorities; and
that arrangements, or satisfactory arrangements, for the joint discharge of those functions—
have not been made by the relevant authorities; or
have ceased to be in operation,
Subsections (4) and (5) of section 62A of this Act shall apply to a joint board established under this section as they apply to a joint board established under that section with the substitution of a reference to subsection (1) of this section for the reference to subsection (1) of that section.
No order shall be made under subsection (1) above unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
Where a joint board has been established by order under section 62A or 62B of this Act, the Secretary of State may by order provide—
for excluding any functions, or any functions in any area, from those specified in the order establishing that joint board; and
for the dissolution of the joint board.
An order shall not be made under subsection (1) above unless the Secretary of State has consulted the relevant authorities.
An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make an order under this section or section 62A or 62B of this Act shall include power to make such transitional, incidental, supplemental or consequential provision as the Secretary of State thinks necessary or expedient.
An order under this section or section 62A or 62B of this Act may, for the purpose of making such provision as is mentioned in subsection (4) above— any enactment or any instrument made under any enactment.
apply with or without modifications;
extend, exclude or amend; or
repeal or revoke with or without savings,
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Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.
An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.
Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.
Any enactment, except one mentioned in subsection (5) below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.
The following enactments are excepted from subsection (4) above—
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section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
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section 3 of the Social Work (Scotland) Act 1968 (chief social work officers);
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section 67(3)(b) of the Agriculture Act 1970 (agricultural analysts and deputies).
Nothing in this section affects the operation of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the Local Authorities (Goods and Services) Act 1970.
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Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.
For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.
A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.
A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.
A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.
A person who is a member of a local authority is disqualified from being appointed by the authority to any paid office or employment (other than the office of convener or depute convener) or other place of profit in the gift or disposal of the authority.
A person who has ceased to be a member of a local authority is disqualified—
for a period of 3 months beginning with the day on which the person ceased to be a member of a local authority from being appointed by the authority to any such office, employment or place of profit which is not a politically restricted post;
for a period of 12 months beginning with that day from being appointed by the authority to any such office, employment or place of profit which is a politically restricted post.
A person who— is, for the period of 12 months beginning on that day, disqualified from being appointed by the authority to any paid office or employment or other place of profit in the gift or disposal of the authority.
has ceased to be a member of a local authority; and
at any time during the period of 12 months ending with the day on which the person so ceased, participated directly in the appointing of any person to a politically restricted post,
A reference to a politically restricted post is—
in subsection (2) above, a reference to a post held by a person who is within any of paragraphs (a) to (g) of subsection (1) of section 2 (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989 (c. 42);
in subsection (3) above, a reference to a post held by a person who is within any of paragraphs (a) to (e) of that subsection.
If it comes to the knowledge of an officer employed whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein. For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.
An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.
Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.
Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.
A local authority shall not by virtue of this section raise money, whether by means of rates or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.
Without prejudice to section 53 of the Countryside (Scotland) Act 1967 (contributions by or to local authorities), two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.
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For the purposes of— a local authority may acquire by agreement any land, whether situated inside or outside their area.
any of their functions under this or any other enactment, or
the benefit, improvement or development of their area,
A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority’s functions.
For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.
Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.
References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.
Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.
A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.
Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—
the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and
where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.
The title to all land acquired by a local authority shall be taken in the corporate name of the authority.
Subject to Part II of the Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.
A local authority may ... exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection (3) below subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015.
The land to which subsection (2) above applies is land which is held for use as allotments (within the meaning of section 107 of that Act).
land which was acquired not more than ten years before the date of the proposed appropriation in the exercise of compulsory powers by a local authority (including, in respect of an acquisition before 16th May 1975, any existing local authority) and which has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired; and
land which consists or forms part of a common or open space, or is held for use as allotments.
Subject to Part II of the Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.
Except in accordance with regulations under subsection (2C) below, a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.
Subsection (2) does not extend to a disposal where—
the best consideration that can reasonably be obtained is less than the threshold amount; or
the difference between that consideration and the proposed consideration is less than the marginal amount.
The Scottish Ministers shall, by regulations, fix the threshold amount and the marginal amount for the purposes of subsection (2A) above.
The Scottish Ministers may, by regulations, provide as to the circumstances in which and procedure by which local authorities may, under this section, dispose of land for a consideration less than the best that can reasonably be obtained.
Those regulations may include provision—
requiring a local authority proposing to dispose of land at less than the best consideration that can reasonably be obtained to appraise and compare the costs and other disbenefits and the benefits of the proposal;
requiring the local authority, before deciding in favour of the proposal, to be satisfied that so deciding would be reasonable; and
setting out factors to which the local authority must have regard when considering whether its decision would be reasonable.
References in this section to the best consideration that can reasonably be obtained by a local authority are references to that consideration as assessed by a suitably qualified valuer.
In appointing and instructing a suitably qualified valuer for the purposes of subsection (2E) above, the local authority shall have regard to any guidance provided by the Scottish Ministers on—
what are suitable qualifications;
what factors are to be or not to be taken into account by the valuer in assessing the consideration referred to in that subsection.
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
Before making such regulations, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.
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The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.
Where a local authority desire to appropriate or dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to appropriate or dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to appropriate or dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to appropriate or dispose of the land accordingly.
The Court of Session or sheriff acting under subsection (2) above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be appropriated or disposed of other land to be used for the same purpose for which the former land was used.
Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.
Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.
Subject to subsection (2)below and section 94 of this Act, a local authority may, for the purpose of any of their functions or for the benefit or improvement of their area, erect buildings or execute any other works on any land belonging to them or, where they are satisfied that the terms of the lease of land are such as to make it prudent for them to do so, on land leased by them, or convert, alter, enlarge or improve any existing building or other works belonging to them or, where they consider it prudent, any existing building or other works let to them.
Subsection (1)above shall not of itself authorise a local authority to do anything contrary to the conditions contained in the title to or lease of any such land or building or other works or authorise land held for one purpose to be used for another purpose.
A local authority may acquire or provide and furnish and maintain halls, offices and other buildings, whether within or without the area of the authority, to be used for the purpose of transacting the business of the authority or the business of any other body for which the authority are required or authorised by or under any enactment to provide accommodation, or for the purpose of public meetings or assemblies.
For the purposes of the foregoing provisions of this Part of this Act, the functions of a local authority shall be deemed to include the provision of accommodation for any committee, court or other body which the authority are required or authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.
A local authority may make standing orders with respect to the making of contracts by them or on their behalf.
A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.
Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.
A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.
In this section the expression “contracts” includes, in relation to the execution of works, arrangements for the execution of those works by persons employed by the local authority.
“private legislation” includes– a provisional order and the confirmation Bill relating thereto under the Act of 1936; any local or personal Bill in Parliament; and any private Bill in the Scottish Parliament.
Subject to the provisions of this Act, where a local authority are satisfied that it is expedient to promote or oppose any private legislation . . ., the local authority may, in accordance with the procedure provided by this section, promote or oppose the same accordingly and may defray the expenses incurred in relation thereto.
A resolution of a local authority to promote or oppose private legislation under subsection (1) above shall be—
passed by a majority of the whole number of the members of the authority at a meeting of the authority held after ten clear days’ notice of the meeting and of its purpose has been given by advertisement in one or more newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and
in the case of the promotion of private legislation, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the same.
the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936 ; or
the Bill has been introduced in the Scottish Parliament
Where under section 2 of the Act of 1936, the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons are of opinion that provisions contained in a draft provisional order ought to be dealt with by private Bill and not by provisional order, the determination of the Chairmen shall forthwith be reported to the local authority concerned, and unless the authority resolve to proceed with the promotion of a private Bill dealing with the matters to which the said provisions relate or any of them, such a private Bill shall not be promoted, but if such a private Bill is to be promoted, the proceedings of the authority with respect to the promotion of a provisional order under this section shall be deemed to apply to the promotion of such a Bill.
In ascertaining for the purpose of this section the whole number of members of a local authority, no account shall be taken of any vacancy which may at the time exist in the membership of the authority.
No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing private legislation under this section.
Nothing in this section shall affect the right of any local authority connected with the locality to which any draft provisional order referred to Commissioners under the Act of 1936 relates to make a report to the Commissioners respecting the provisions of the draft order.
In this section—
The Commission shall have the following functions, that is to say—
" joint board " means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;
" provisional order " means a provisional order under the Act of 1936;
" year " has the same meaning as in the said Act of 1963.
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A local authority may, . . . incur expenditure on contributions to any of the following funds, that is to say—
the funds of any charitable body in furtherance of its work in the United Kingdom; or
the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or
any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a convener of a local authority, a convener of a community council, a lord-lieutenant or by a body of which any of these persons is a member or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972.
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Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a local authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the authority may—
incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and
make grants or loans to other persons or bodies on conditions determined by the authority in respect of any such action taken by those persons or bodies.
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The power conferred by subsection (1) above shall be in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.
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A local authority may accept, hold and administer— and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.
for the purpose of discharging any of their functions, gifts of property, whether heritable or moveable, made for that purpose; or
for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;
A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.
Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member concerned.
The provisions of the Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of the Financial Services and Markets Act 2000 to be a policy of insurance upon the happening of personal accidents.
In this section, the expression “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.
A local authority may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning their area or any part thereof and may make, or assist in the making of arrangements whereby any such information and the results of any such investigation are made available to . . . any government department or the public.
The appropriate Minister with respect to any matter may require a local authority to provide him with any information with respect to that matter which is in the possession of, or available to, that local authority in consequence of the exercise of any power conferred by or under any enactment; . . ..
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A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities mentioned in subsection (1B) below or by government departments, or by charities and other voluntary organisations, and other information relating to the functions of the authority.
A local authority may—
arrange for the publication within their area of information relating to the functions of the authority; and
arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and
arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and
prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.
A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.
The other authorities referred to above are any other local authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local authorities.
A local authority may assist voluntary organisations to provide for individuals—
information and advice concerning those individuals’ rights and obligations; and
assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.
A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—
of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or
of any association of officers or members of local authorities which was so formed.
A local authority may—
provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes;
promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise);
organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions;
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Subject to subsection (3) below, a local authority shall not have power to—
encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)—
to visit their area for purposes relating to leisure; or
to hold conferences, trade fairs or exhibitions within their area;
provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area;
carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify.
A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above—
in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or
where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing.
A local authority shall not, for the purposes of carrying on activities relating to tourism other than— form, acquire or join with any person or body corporate.
those such as are mentioned in paragraphs (a) to (c) of subsection (1) above; or
by virtue of subsection (3) above, those such as are mentioned in subsection (2) above,
Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person—
doing anything mentioned in paragraph (a) of that subsection; or
organising and holding a conference, trade fair or exhibition.
A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following modification—
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in subsection (2), the words from “but” to the end shall be omitted.
A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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A local authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for the purpose of the provision of adequate facilities for social, cultural and recreative activities, and in particular, but without prejudice to that generality, for any of the following purposes, that is to say—
the provision of an entertainment of any nature or of facilities for dancing;
the development and improvement of the knowledge, understanding and practice of the arts and crafts;
the provision of a theatre, cultural centre, arts centre, concert hall, dance hall, community centre or other premises suitable for social, cultural or recreative activities;
the maintenance of a band, orchestra or theatrical company or any other body for the promotion of all or any of the activities aforesaid ;
any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any such activities.
Without prejudice to the generality of the provisions of subsection (1) above, a local authority—
may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;
may permit any premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid, to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;
may themselves make charges for admission to or participation in any entertainment given or social, cultural or recreative activity promoted by them and for any refreshment or programme supplied at or in connection with any such entertainment or activity.
Regional councils shall have a duty, in consultation with district councils within their region, to ensure that there is an adequate provision of facilities for the inhabitants of their region for social, cultural and recreative activities.
Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.
Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of exciseable liquor.
No certificate shall be granted under the Licensing (Scotland) Acts 1959 to 1969 for the sale of exciseable liquor in any premises provided under this section in Scotland, but nothing in this subsection shall render it unlawful to grant under section 60 of the Licensing (Scotland) Act 1959 a special permission for an entertainment on any such premises.
Where any securities are standing in the books of a company in the name of a local authority the following provisions shall have effect—
if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;
if by virtue of anything done under any provision of this Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of that other authority or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;
if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the Court of Session may on the petition of that other authority make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be.
In this section, the expression—
as those paragraphs apply in relation to a council and that council’s members. Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members recorded under paragraph 6 above as having been present at the meeting shall be deemed to have been duly qualified.
For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
For the purposes of this section, a “qualifying foreign national” means a person of any nationality who—
is not a Commonwealth citizen or a citizen of the Republic of Ireland ..., and
meets one of the conditions mentioned in subsection (6).
The conditions are that the person—
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or
is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.
functions conferred by sections 97A and 97B of this Act.
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" financial year " has the meaning assigned to it by section 96(5) of this Act;
“Securities” means—
shares;
instruments creating or acknowledging indebtedness;
government and public securities;
instruments giving entitlements to investments;
certificates representing securities;
units in a collective investment scheme;
rights to, or interests in, any security of the kind mentioned in paragraphs (a) to (f);
rights (whether actual or contingent) to money lent to, or deposited with—
a society registered under the Industrial and Provident Societies Act 1965, or
a building society within the meaning of the Building Societies Act 1986.
Subsection (3) must be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
Every local authority shall have a general fund and, subject to subsection (2) below— and all sums payable by the authority shall be paid out of that fund.
all sums received by or on behalf of the authority shall be paid into that fund;
all fees, commissions, discounts allowed on payment of accounts and expenses payable to or recovered by any officer of a local authority in respect of any business relating to the authority whether by reason of his office or otherwise shall be accounted for and paid into that fund;
Subsection (1) above shall not apply to sums received or payable—
which relate to funds or property held by a local authority as trustees for any purpose under any deed of trust or other instrument;
which relate to the common good of the council;
with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.
with respect to which regulations made by the Scottish Ministers provide that they be paid into or out of a fund (other than the general fund) established by the local authority for the purposes of this paragraph.
A statutory instrument containing regulations under subsection (2)(d) above shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
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It shall not be lawful for a local authority to incur any liability to meet capital expenses except with the consent of the Secretary of State, and the Secretary of State may, if he thinks fit, give his consent for the purposes of this section—
subject to such conditions as may be specified in the consent;
in relation to such project, or to such programme of works, or to such class of works, or to such amount, as may be so specified;
in relation to expenses to be met by the authority within such financial year as may be so specified.
In this section " capital expenses " means any expenses which are to be charged to a capital or borrowing account, or which, being of a capital nature, are to be met otherwise than out of current revenue.
Without prejudice to section 69 of this Act, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.
Every local authority shall keep accounts of all transactions relating to all funds of the authority and, subject to any provision contained in regulations made under section 105 of this Act, the accounts of the general fund of a local authority shall comprise such current, capital and borrowing accounts as may be necessary for the purpose of distinguishing transactions for different purposes.
All accounts of a local authority shall be made up in respect of each financial year.
Every local authority shall, in addition to preparing accounts in respect of any financial year, prepare in duplicate an abstract of the accounts for that year.
The accounts of every local authority in respect of any financial year shall be audited by a professional accountant, who is either a member of the staff of Audit Scotland or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.
The financial year of a local authority shall be the period of twelve months ending with 31st March . . .; and references in this Act and in any other enactment (whether passed or made before or after the passing of this Act) to the financial year of a local authority shall be construed in accordance with the provisions of this subsection.
the Secretary of State may direct, either in relation to local authorities generally or in relation to a particular local authority, that their financial year shall be such period as the Secretary of State may specify; and
for the purposes of subsections (2) to (4) above, the first financial year of any local authority shall be the period beginning with the date on which the authority comes into existence in accordance with the provisions of this Act and ending with 15th May 1976 ;
The Secretary of State may by order make provision amending, repealing or revoking, with or without savings, any enactment which is inconsistent with or superseded by subsection (5) above; but no order under this subsection shall have effect unless it is approved by a resolution of each House of Parliament.
There shall be established a body, to be known as the Accounts Commission for Scotland (hereafter in this Part of this Act referred to as “the Commission”), which shall consist of such number of members, not being more than twelveor less than six, as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities . . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate.
securing the audit of all accounts of
local authorities
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considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;
making recommendations to the Secretary of State and to local authorities . . . in accordance with the said provisions; . . .
advising the Secretary of State on any matter relating to the accounting of local authorities . . . which he may refer to them for advice and
The Secretary of State may, after consultation with the Commission, with such associations of local authorities . . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions and the Commission shall give effect to any direction so given.
Any function of the Commission may be exercised on behalf of the Commission by any person (whether or not a member of the staff of Audit Scotland) authorised by the Commission to do so.
There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State . . ..
Subsection (2AA) above does not apply in relation to the following functions—
considering reports in pursuance of subsection (2)(b) above,
appointing an auditor under subsection (6) below,
deciding who is to audit any account, or class of account, in pursuance of this Part of this Act,
deciding whether to undertake or promote a study under section 97A or 105A of this Act.
The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.
Subsections (2AA) and (2AB) above do not affect the responsibility of the Commission for the exercise of their functions.
In this Part of this Act “auditor” includes (a) the Controller of Audit, (b)members of the staff of Audit Scotland, being professional accountants, and (c) . . . auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, . . . . . .
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A person shall not be appointed as auditor by the Commission under subsection (6) above unless–
he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 ; or
he is a member of a body of accountants established in the United Kingdom or another EEA State.
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The Controller of Audit shall, by virtue of appointment as such, be a member of the staff of Audit Scotland unless that person is also the Auditor General for Scotland.
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The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any of the functions of the Commission.
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In subsection (7), “EEA State” means a member State, Norway, Iceland or Lichtenstein.
The Commission shall have power to incur such expenses as appear to them to be necessary or expedient for the proper discharge of their functions, and such expenses shall be met by Audit Scotland—
the Secretary of State may, with the consent of the Treasury, pay to the Commission grants of such amounts, at such times and subject to such conditions as he may determine in respect of expenses incurred by the Commission as aforesaid ;
such part of the expenses of the Commission as is not met by grants under paragraph (a) above shall be met by local authorities in accordance with regulations made by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned.
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The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for
the securing by local authorities of best value;
improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and
improving the financial or other management of such authorities or other bodies.
In subsection (1)(a) above, the references to best value and the securing of it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the securing of it in accordance with that section.
The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section . . .
Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate . . .
the accounts have been prepared in accordance with regulations made under section 105 of this Act and comply with the requirements of all other enactments and instruments applicable to the accounts ;
In auditing the accounts of any local authority . . .under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that—
the accounts have been prepared in accordance with regulations made under section 105 of this Act . . . and comply with the requirements of all other enactments and instruments applicable to the accounts; and comply with the requirements of all other enactments and instruments applicable to the accounts;
proper accounting practices have been observed in the preparation of the accounts.
that the local authority . . . has made proper arrangements for securing best value and is complying with its duties under Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) .and
in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.
proper accounting practices have been observed in the preparation of the accounts.
In subsection (1) above, the references to best value and arrangements for securing it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the arrangements for securing it which are to be made under that section.
Without prejudice to any other provision of this Part of this Act, the Commission may require to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.
any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body ;
any person who, by arrangement or agreement with any such body, is discharging any function of the body,
Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority . . . as it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority . . .or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.
Without prejudice to subsections (1) and (1B) above, every local authority . . .shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts and every person who, by arrangement or agreement with a local authority, is discharging any function of the authority shall make that provision for the purpose of the auditing of the authority’s accounts.
In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.
If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) or (1B) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. . ..
Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority . . .whose accounts are required to be audited in accordance with this Part of this Act and any person who, by arrangement or agreement with the authority or body, is discharging any function of the authority or body to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation or, where that person is a body corporate, to require that person to appoint a representative to attend before the auditor for that purpose.
At each audit under this Part of this Act of a local authority’s accounts, any persons interested may inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating thereto and make copies of all or any part of the accounts and those other documents.
Any person interested may object to the accounts of a local authority or to any part of those accounts by—
sending his objection in writing, together with a statement of the grounds thereof, to the auditor, and
sending a copy of that objection and statement to the authority and to any officer of the authority who may be concerned.
Where any person objects under subsection (2) above to the accounts of a local authority, the auditor shall, if so requested by that person or authority or by any officer of the authority who may be concerned, afford to that person or authority or officer, as the case may be, an opportunity of appearing before and being heard by the auditor with respect to that objection; and any such person or officer may so appear and be heard either personally or by a representative.
Within fourteen days of the completion of the audit of the accounts of a local authority the auditor shall place on each duplicate abstract of those accounts prepared by the authority under section 96(3) of this Act a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send one duplicate abstract of the accounts to the Commission and the other duplicate abstract to the local authority.
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The Controller of Audit may and, if so required by the Commission, shall make reports to the Commission with respect to—
the accounts of local authorities audited under this Part of this Act;
any matters arising from the accounts of any of those authorities or from the auditing of those accounts being matters that the Controller considers should be considered by the local authority or brought to the attention of the public;
the performance by a local authority of their duties under Part 1 (best value and accountability) ... of the Local Government in Scotland Act 2003 (asp 1) and Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) .
The Controller of Audit shall send a copy of a report made under subsection (1) above to—
any local authority named in the report; and
any other person the Controller thinks fit.
Without prejudice to subsection (1) above, if the Controller of Audit, having considered any matter arising out of the auditing under this Part of this Act of the accounts of any local authority and having made such further inquiries (if any) as he may think fit— he may make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.
is of the opinion—
that any item of account is contrary to law, or
that there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account, or
that any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the authority to carry out any duty imposed on them by any enactment; or
is of the opinion that any sum which ought to have been credited or debited to one account of the authority has been credited or, as the case may be, debited to another account of the authority; and
is not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter;
A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection . . . (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.
The Controller of Audit shall, on making a special report under subsection (3) above with respect to the accounts of any local authority, forthwith send a copy of that special report—
to that authority;
to any officer of the authority who may be concerned;
if the matter raised by the special report has been made the subject of objection under section 101 of this Act, to the person making that objection;
to any other person who in his opinion may be affected thereby.
No such special report shall, however, be so made unless—
the authority; and
any person named or referred to in the report— has been given a copy of the proposed report and an opportunity to make representations to the Controller on the proposed report and on any of the matters dealt with in it.
as being to blame in connection with an item of account being contrary to law; or
whose failure, negligence or misconduct is a subject of the report,
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shall consider that special report and any observations on it made in writing by the authority or by any person to whom a copy of it was sent under section 102(4) of this Act, being observations made within fourteen days of the date on which such copy was sent as aforesaid to the authority or, as the case may be, that person or such longer period as the Commission may in any particular case allow ;
may if they think fit, and shall if so requested by the authority or by any person to whom a copy of the special report was sent as aforesaid, hold a hearing into any matter raised by the special report; and
may if they think fit, and shall if so directed by the Court of Session, state a case on any question of law arising on the special report for the opinion of the Court of Session.
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requiring any person whom they find responsible for incurring or authorising that expenditure, or for that failure, or for that loss or deficiency, as the case may be, to pay to the local authority concerned an amount not exceeding the amount of the said expenditure, or of the said sum, or of the said loss or deficiency; or, as the case may be,
directing the authority to make such rectification of their accounts as appears to the Commission to be necessary.
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in the case of an officer of the authority, that before signing the cheque or order he advised the authority in writing that in his opinion the payment was contrary to law; or
in the case of a member of the authority, that the payment was made in pursuance of an order of the authority or of an authorised committee thereof and that before he signed the cheque or order the authority had not been advised by any officer of the authority that in the opinion of that officer the payment was contrary to law.
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shall afford an opportunity of appearing before and being heard by the Commission to the representative of any local authority which is likely to be affected by any recommendation of the Commission and to, or to the representative of, any other person who is likely to be so affected;
may require the attendance of members or officers of any local authority to give oral evidence to the Commission.
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Where recommendations are made to the Secretary of State under section 103(3) of this Act the Secretary of State may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.
The Secretary of State shall not make an order under subsection (1) above requiring a person to pay an amount to a local authority if the Secretary of State is satisfied that that person acted reasonably or in the belief that his action was authorised by law, and the Secretary of State shall, in deciding whether or not to make such an order as aforesaid and, if he decides to make it, what amount to specify therein, have regard to all the circumstances of the case, including such information as may be available to him as to the means of any person concerned and his ability to pay any amount to the local authority.
Where by virtue of an order made under subsection (1) above two or more persons are required to pay an amount to a local authority, those persons shall, if the order so specifies, be liable jointly and severally to pay that amount to the authority.
The Secretary of State shall, on making an order under subsection (1) above requiring a person to pay an amount to a local authority, forthwith cause a copy of that order to be sent—
to that person ;
to the Commission ; and
to that authority.
Any amount which, by virtue of an order made under subsection (1) above, is due to be paid by any person to a local authority shall be paid by that person to the authority within fourteen days of the date on which a copy of that order was sent to him under subsection (4) above; and, if that amount is not so paid, it shall be the duty of the Commission to recover the amount on behalf of the authority and if need be to institute proceedings for that purpose; and the authority shall reimburse the Commission for any expenses incurred by the Commission so far as not recovered from the person liable to pay the amount.
A local authority shall give effect to any direction given to them in an order under subsection (1) above.
The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.
The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—
the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;
the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;
the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;
the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such accounts and other documents, and the steps to be taken by a local authority for informing persons of those rights;
the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.
Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.
If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding level 3 on the standard scale, and, in the case of a second or subsequent offence, to a fine not exceeding level 3 on the standard scale.
A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say— as they apply with respect to a local authority; and any provision contained in any enactment with respect to such a committee, joint committee or joint board, or in any trust deed or other instrument regulating any such charity, foundation, mortification or other purpose as aforesaid, shall, so far as inconsistent herewith, cease to have effect: . . ..
any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities;
the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;
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a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);
an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 (but subject to subsection (1A)),
Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of that officer shall be audited by the auditor of the accounts of the body, and sections 96 to 105 of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply accordingly to those accounts and that audit.
Despite subsection (1), sections 101A and 105A of this Act do not apply with respect to an integration joint board.
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The Commission may publish a special report made to it under section 102(3) of this Act, and may do so in whatever way and send it to whomever it thinks fit.
On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—
direct the Controller to carry out further investigations;
hold a hearing;
state a case on any question of law arising on the special report for the opinion of the Court of Session;
subject to subsections (2) and (3) below, do none of the above.
The Commission shall hold a hearing if requested to so in writing by—
the local authority which was sent a copy of the report under section 102(3A) of this Act;
any person, named or referred to in the report—
as being to blame in connection with an item of account being contrary to law;
whose failure, negligence or misconduct is a subject of the report; or
who was sent a copy of the report under section 102(3A) of this Act.
The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.
Subject to subsections (2) to (12) below, the procedure at a hearing held under section 103B(1)(b) of this Act shall be such as the Commission determines.
The Commission may, at any one hearing, consider— more than one officer or member of a local authority.
allegations of blame, in connection with an item of account being contrary to law, against; and
failures, negligence or misconduct by,
A hearing shall be conducted by not fewer than three members of the Commission selected by the chairman of the Commission.
Notwithstanding paragraph 4(1) of Schedule 8 to this Act, for the purposes of this section, the quorum for a meeting of the Commission shall be three.
The following— entitled to be heard at the hearing.
an officer or member—
as to whom the question of blame in connection with an item of account being contrary to law is; or
whose alleged failure, negligence or misconduct is being considered by a hearing, is; and
the local authority are,
An officer or member entitled to be heard at a hearing shall be entitled to be heard either in person or represented by counsel or a solicitor or any other person.
The members of the Commission conducting a hearing may—
require any person, including officers or members or former officers or members of any local authority, to attend the hearing, give evidence and produce documents;
administer oaths.
A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.
A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (7)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it thinks fit.
A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.
In this section, “documents” includes information held by means of a computer or in any other electronic form.
The members of the Commission conducting a hearing under section 103B(1)(b) of this Act shall state their findings in writing and give a copy to—
any officer or member of the local authority who is or was blamed in connection with an item of account being contrary to law or whose failure, negligence or misconduct, or alleged failure, negligence or misconduct, was a subject of the hearing;
the local authority;
any other person the Commission considers should, under this paragraph, receive such a copy; and
any other person seeking a copy of those findings who has paid the Commission’s reasonable charge for providing such a copy.
A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.
The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.
Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—
whether to accept any or all of those recommendations;
what, if any, action to take in response to those recommendations.
A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—
states the time and place of the meeting;
indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and
describes the nature of those findings and of any such recommendations.
The local authority shall, as soon as practicable after that meeting—
notify the Commission of any decisions made in pursuance of subsection (3) above; and
publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.
A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—
under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but
in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.
This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.
Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that— they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.
any item of account is contrary to law;
there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;
any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;
any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,
The sanctions which may be imposed under subsection (1) above are—
censuring, but otherwise taking no action against, an officer or member of the authority;
suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—
all meetings of the local authority;
all meetings of one or more committees or sub-committees of the local authority;
all meetings of any other body on which the member is a representative or nominee of the local authority;
suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;
disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.
In the case of a local authority, the Commission may—
make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;
include in its findings any recommendations arising from those findings which the Commission think fit.
A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.
Disqualification imposed under subsection (2)(d) above—
has the effect of vacating the member’s office; and
extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.
The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.
Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.
A local authority shall give effect to any direction to them made in an order under subsection (7) above.
The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.
On receiving an interim report, the Commission, if it is satisfied— then it may impose that sanction.
that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or
that otherwise it would be in the public interest to impose that sanction,
That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.
The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.
The Commission shall put its decision under this section in writing and shall give a copy to—
the member;
the authority; and
any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.
A period of suspension imposed under this section ends upon—
the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;
the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,
a decision by the Commission under section 103B of this Act not to hold a hearing.
A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.
If, however, the member is re-elected at that election, the Commission may re-impose the suspension.
The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.
On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.
Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.
In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).
For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.
In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).
An officer or member of a local authority— may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.
who is the subject of a finding under section 103F(1) of this Act;
on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;
who has been suspended under section 103G(2) of this Act,
An appeal—
under subsection (1)(a) above may be made on one or more of the following grounds—
that the Commission’s finding was based on an error of law;
that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;
that the Commission has acted unreasonably in the exercise of its discretion;
that the Commission’s finding was not supported by the facts found to be proved by the Commission;
under subsection (1)(b) above may be made on one or more of the following grounds—
that the sanction imposed was excessive;
that the Commission has acted unreasonably in the exercise of its discretion;
under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.
An appeal under subsection (1) above shall be lodged within 21 days of—
the sending of the finding under section 103F(1) of this Act to the officer or member;
the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,
the imposition of suspension under section 103G(2) of this Act.
A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.
The sheriff principal may—
in an appeal under subsection (1)(a) above—
confirm the finding under section 103F(1) of this Act;
quash the finding;
quash the finding and remit the matter to the Commission to reconsider its decision;
in an appeal under subsection (1)(b) above—
confirm the sanction;
quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;
in an appeal under subsection (1)(c) above, quash the suspension;
award expenses.
The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014 .
In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.
The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.
The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.
In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.
If the Commission require— to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.
any local authority included in a study; or
any officer or member of such an authority,
If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.
Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.
In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.
The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.
Any report of a study may be published by the Secretary of State in conjunction with the Commission.
The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.
Every local authority shall, in respect of the financial year beginning with 16th May 1975 and of each subsequent financial year, determine before such date as may be prescribed a rate to be known— and each such rate shall be levied in respect of that financial year in accordance with the following provisions of this Part of this Act.
in the case of a regional council, as the regional rate;
in the case of an islands council, as the general rate; and
in the case of a district council, as the district rate;
It shall be the duty of every local authority to determine such regional, general or district rate, as the case may be, as will provide sufficient moneys to meet such part of the total estimated expenses to be incurred by the authority during the financial year in respect of which the rate is to be levied (after taking account of any balance or estimated balance at the end of the financial year immediately preceding that year) as falls to be met out of moneys raised by rates, together with such additional amount as is, in the opinion of the authority, required—
to cover expenses previously incurred,
to meet contingencies,
to meet any expenses which may fall to be met before the moneys to be received in respect of the regional, general or district rate, as the case may be, for the financial year next following the first-mentioned year will become available.
The local authority for the purpose of levying such rates as are mentioned in section 108 of this Act shall be— and in this Act, and in any other enactment (whether passed or made before or after the passing of this Act), the expression " rating authority " shall be construed in accordance with the provisions of this subsection.
in the case of the regional rate and the district rate, the regional council; and
in the case of the general rate, the islands council;
In respect of each financial year every district council shall, before such date as may be prescribed, intimate to the regional council within whose region their district falls the district rate determined by them in respect of that year, together with such further information with respect to that rate as may reasonably be required for the preparation of demand notes for the purposes of levying the rate.
Subject to the provisions of this section, a regional council shall be liable to pay to the council of each district which falls within their region, in respect of the district rate for any financial year, the amount produced by the district rate determined by that district council in respect of that year, and the regional council shall make payments, in accordance with regulations made by the Secretary of State under section 111 of this Act, to the district council on account of the district rate.
The amount due by a regional council to a district council in respect of the district rate for any financial year shall be ascertained in the prescribed manner after the end of that year, and—
if that amount exceeds the aggregate amount of the payments made on account of that rate under subsection (1) above, the balance shall be paid by the regional council to the district council;
if that amount is less than the aggregate amount of the said payments, the balance shall be set off against the payments on account of the district rate in respect of the financial year next following the said year.
The cost of, and any losses on, the collection of all rates levied by a regional council, and the cost of any rebates, discounts, reductions or remissions given by that council, shall be treated as deductions in estimating and ascertaining the amounts produced by each of the rates levied by the council in such manner and to such extent as may be prescribed.
The Secretary of State may, after consultation with such associations of local authorities as appear to him to be concerned, make regulations—
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making provision for any matter with respect to which he is empowered or obliged by this Act, or by any other enactment, to make provision in regulations under this section;
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providing for the payment of interest, at such rate as may be prescribed, by a local authority to another local authority, to a committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities, . . . in a case where any amount due in respect of a requisition made under any enactment is not paid on or before such date as may be prescribed.
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A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to the provisions of this section, the Secretary of State shall, with the consent of the Treasury, prescribe by regulations a scheme (hereafter in this Part of this Act referred to as " the standard scheme ") for the grant by rating authorities to persons to whom this section applies of rebates from rates calculated in accordance with the provisions of the standard scheme by reference to the needs and the resources of such persons.
Regulations under subsection (1) above shall be so made as to secure that the standard scheme shall have effect in respect of rebate periods beginning on or after 16th May 1974.
In preparing the standard scheme the Secretary of State shall have regard to the provisions of the schemes for the time being in force under sections 15 and 16 of the Housing (Financial Provisions) (Scotland) Act 1972 (rent rebates and rent allowances) and, without prejudice to the generality of the power conferred by subsection (1) above, the standard scheme may contain provisions corresponding, so far as the Secretary of State considers appropriate, to provisions of Part I of Schedule 2, or of Part I of Schedule 3, to the said Act of 1972 (model schemes of rent rebates and rent allowances).
No person shall be entitled in respect of a rebate period beginning on or after 16th May 1974 to a rebate under section 5 of the Rating Act 1966 (rate rebates) but, where any person is entitled to a rebate under that section in respect of any period beginning before that date, then, notwithstanding the repeal of sections 5 to 8 of the said Act of 1966 by this Act, a rating authority may grant that rebate under those sections on or after that date.
A statutory instrument containing regulations under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and in sections 113 to 115 of this Act—
" application " means an application for a rate rebate under the standard scheme or, in the case of a rating authority which has varied the standard scheme under section 114 of this Act, under the standard scheme as so varied;
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
Subject to subsection (2) below and to section 16(2) of the Ministry of Social Security Act 1966 (rate rebate to which persons in receipt of supplementary benefit might otherwise be entitled to be reduced if their requirements were determined without regard to any rate rebate), section 112 of this Act shall apply to any of the following persons who makes an application in such form as the rating authority may require, that is to say— For the purposes of this subsection " relevant date " means the date of the beginning of the rebate period in respect of which an application is made.
a person who is the occupier of, and resides or is usually resident in, lands and heritages which are a dwelling-house and which at the relevant date have a rateable value which does not exceed any limit prescribed;
a person who is the occupier of, and resides or is usually resident in, lands and heritages which at the relevant date have a rateable value which does not exceed any limit prescribed and which, though not a dwelling-house, are used mainly for the purposes of a private dwelling or private dwellings ;
a person who, not being the occupier of such lands and heritages as are mentioned in paragraph (a) or paragraph (b) above, is the tenant of, and resides or is usually resident in, a part of any such lands and heritages, being a part which at the relevant date has a rateable value which does not exceed any limit prescribed, and in respect of which he makes payments to the occupier by way of rent.
Regulations under section 112 above may make provision as respects rate rebates where two or more persons are joint occupiers of such lands and heritages as are mentioned in paragraph (a) or paragraph (b) of subsection (1) above, or joint tenants of such a part thereof as is mentioned in paragraph (c) of that subsection.
For the purposes of paragraph (b) of subsection (1) above lands and heritages which are not a dwelling-house shall be deemed to be used mainly for the purposes of a private dwelling or private dwellings—
if it appears to the rating authority that, having regard to all the circumstances at the date of the making of an application, the proportion of the rateable value of the lands and heritages as shown in the valuation roll in force at that date which is attributable to the part of the lands and heritages used for the purposes of a private dwelling or private dwellings is greater than the proportion thereof which is attributable to the part used for other purposes; or
if at the said date a rate rebate in respect of the rebate period in question has already been granted to some other person in respect of those lands and heritages or any part thereof.
For the purposes of paragraph (c) of subsection (1) above, the rateable value of any part of lands and heritages shall be taken to be such value as is found by proper apportionment of the rateable value shown in the valuation roll in respect of those lands and heritages, and any question arising under this subsection as to the proper apportionment of any rateable value shall be determined by the sheriff and the decision of the sheriff on any such question shall be final.
Where in pursuance of section 244 of the 1947 Act (remission of rates on account of poverty) a rating authority is for the time being giving to any person to whom section 112 of this Act applies any relief from the rates chargeable for any rebate period in respect of the lands and heritages or part of the lands and heritages to which an application relates, that authority shall grant a rebate in respect of those rates only if, and to the extent that, the amount of such rebate exceeds the aggregate amount given to that person by way of such relief in that rebate period.
Subject to the provisions of this section, a rating authority may, in respect of a rebate period beginning on or after 16th May 1975, with the consent of the Secretary of State, vary for their area the provisions of the standard scheme; and, where a rating authority have varied the standard scheme under this section, the standard scheme as so varied shall have effect, subject to subsection (6) below, for the purpose of the grant of rate rebates under this Part of this Act by that authority.
Any variation of the standard scheme by a rating authority under subsection (1) above shall be so made as to secure that, on the best estimate which the rating authority can make—
no person shall be granted less rate rebate in respect of any rebate period than he would have been granted under the standard scheme ; and
the total of the rate rebates which will be granted under the standard scheme as so varied for any financial year will not exceed 110 per cent. of the total of the rate rebates which would have been granted for that year under the standard scheme.
Without prejudice to the generality of the powers conferred by subsection (1) above, a variation under that subsection of the standard scheme may provide that, in ascertaining for the purposes of a rate rebate the income of a person to whom section 112 of this Act applies and his spouse (if any), there is a total disregard of war disablement pension and special widow's pension and of payments accepted by the Secretary of State as being analogous to such pensions.
The Secretary of State may accept a payment as being analogous to such a pension as is mentioned in subsection (3) above—
by directing rating authorities in general to regard payments of that description as analogous for the purposes of that subsection, or
by notifying a rating authority that he accepts such a payment as analogous for those purposes.
The Secretary of State's consent under subsection (1) above may be given generally or in a particular case and shall be subject to such conditions (if any) as may be specified in the consent.
Where a rating authority has varied the provisions of the standard scheme under subsection (1) above and any person shows to the satisfaction of that authority that the standard scheme as so varied does not in his case fulfil the condition mentioned in paragraph (a) of subsection (2) above, that person may apply for a rate rebate under the standard scheme, and in relation to that application the standard scheme shall have effect in place of the standard scheme as so varied, and the authority may grant a rate rebate under the standard scheme to that person.
In this section—
The Secretary of State shall pay to any rating authority granting rate rebates in respect of any rebate period beginning on or after 16th May 1974 under the standard scheme or under the standard scheme as varied under section 114 of this Act a grant equal to nine tenths of the aggregate net standard amount of rate rebates for the financial year in which that rebate period, or part thereof, falls.
In subsection (1) above the reference to the aggregate net standard amount of rate rebates for a financial year shall be construed, in relation to any rating authority— calculated or estimated by following such methods and principles as the Secretary of State may direct, either generally or in any particular case.
except in such a case as is mentioned in paragraph (b) below, as a reference to the aggregate net amount granted by that authority by way of rate rebates for that year;
in a case where that authority have varied the standard scheme under section 114 of this Act, as a reference to the aggregate net amount which would have been granted by that authority by way of rate rebates for that year if they had not so varied the standard scheme ;
Any grant payable under this section to a rating authority shall be paid at such times as the Secretary of State may with the consent of the Treasury determine.
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in paragraph (a) of the said section 9(1), for the words " 1961-62" there shall be substituted the words " 1978-79 ";
in paragraph (a) of the said section 10(1), for the words " 1961-62" there shall be substituted the words " 1978-79 ", and in paragraph (b) of that subsection, for the words " in respect of each of the four years following the year 1961-62 " there shall be substituted the words " in respect of each year after the year 1971-72 and before the year 1978-79, and in respect of each of the four years following the year 1978-79 ".
Subject to subsection (3) below, every authority to which this section applies shall make a return to the Secretary of State in respect of each financial year . . . of their revenue and expenses.
of their revenue and expenses;
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Returns under this section shall be in such form, shall contain such particulars, shall be authenticated in such manner, and shall be submitted to the Secretary of State by such date, as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.
If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by an authority under any other enactment, he may exempt that authority from all or any of the requirements of this section so far as they relate to that matter.
The Secretary of State shall, in respect of each year, cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under subsection (3) above and shall lay that summary before both Houses of Parliament.
In this section references to an authority to which this section applies are references to a local authority, any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities or any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12). . .or any river purification board within the meaning of section 135 of this Act.
As soon as may be after the first election of councillors for a new local authority, each existing rating authority whose area, or part of whose area, for rating purposes falls within the area of that new local authority shall, in accordance with the provisions of this section, cause the appropriate contribution to be paid into the general fund of the new local authority.
In subsection (1) above " the appropriate contribution " means— of an amount calculated in accordance with subsection (3) below.
in the case of a contribution to a regional council, three quarters,
in the case of a contribution to an islands council, the whole,
in the case of a contribution to a district council, one quarter,
The amount referred to in subsection (2) above shall be—
in a case where the whole of the area for rating purposes of the existing rating authority falls within the area of the new local authority, an amount equal to the product of a rate of 1p in the pound, or the standard penny rate product, whichever is the higher, for the first-mentioned area for the year 1973-74;
in a case where a part only of the area for rating purposes of the existing rating authority falls within the area of the new local authority, an amount which bears the same proportion to the amount calculated in accordance with paragraph (a) above as the rateable valuation of that part of the first-mentioned area for the year 1973-74 bears to the rateable valuation of the whole of that area for that year.
A new local authority may before 16th May 1975 borrow for the purpose of meeting any expenses incurred by them before that date.
With a view to providing sums which may be transferred by an order under section 215 of this Act to one or more new local authorities, any existing rating authority may include in any rate levied by them in respect of the year 1974-75 provision to meet contingencies or to meet any expenses which, if this Act had not been passed, would have fallen to be met by the existing authority on or after 16th May 1975 and before the moneys to be received in respect of the rate for the year 1975-76 would have become available.
In this section—
“the Act of 1972” means the Town and Country Planning (Scotland) Act 1972;
any organisation which is systematically engaged in collecting news— for sound or television broadcasts; or for programmes to be included in a cable programme service which is or does not require to be licensed.
a joint board; or
Rate support grant orders under section 3 of the Local Government (Scotland) Act 1966 shall be made in advance for a period of one year, instead of for successive periods of two years, and accordingly—
in section 3(3) of that Act, for the words from “successive periods” to the end of the subsection there shall be substituted the words “a period of one year”;
a rate support grant order made before the passing of this Act shall, in so far as it was made in respect of the year 1974-75, cease to have effect.
If in the exercise of the power conferred on him by section 4 of the said Act of 1966 the Secretary of State at any time after 15th May 1975 redetermines for the year 1974-75 the amount and portion mentioned in paragraphs (a) and (b) of section 2(2) of the said Act of 1966, he may by an order made under the said section 4, instead of increasing to any extent the amount fixed by the rate support grant order made in respect of that year as the aggregate amount of the rate support grants and any element of those grants for that year, increase to that extent the amount fixed by the rate support grant order made in respect of the year 1975-76 as the aggregate of the rate support grants and any element of those grants for the last-mentioned year.
Expressions used in this section and in sections 2 to 4 of the said Act of 1966 have the same meanings in this section as in those sections.
The rate of interest fixed by subsection (2) below shall be substituted for the rate or, as the case may be, the maximum rate of interest determined by or under the following enactments (which relate among other things to the interest payable to local authorities on certain sums due to them), that is to say— section 56(3) of the Water (Scotland) Act 1946; section 10(2) of the Coast Protection Act 1949 ; sections 29(5) and 31(4) of the Housing (Financial Provisions) (Scotland) Act 1968; section 23(5) of the Mines and Quarries (Tips) Act 1969 ; section 25(3) of the Housing (Scotland) Act 1969.
The said rate shall be one-quarter per cent above the relevant rate determined by the Treasury in relation to loans made for a period of fifteen years under section 3 of the National Loans Act 1968 (local loans by the Loan Commissioners); and in this subsection " the relevant rate " means the rate applying on whichever of the following dates, namely 16th May or 16th November or such other date as may be prescribed by regulations under section 111 of this Act, most closely precedes the date from which interest first becomes payable in relation to the sum in question, or, where more than one rate has been so determined, such one of those rates as the Treasury may from time to time direct either generally or with respect to any particular enactment.
As soon as may be after giving a direction under subsection (2) above the Treasury shall cause it to be published in the Edinburgh Gazette.
Schedule 9 to this Act shall have effect for making amendments and modifications of enactments relating to local government finance which are not replaced by the foregoing provisions of this Part of this Act.
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The education authority for the purposes of the Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.
Where an education authority appoint a committee whose purposes include— the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section.
advising the authority on any matter relating to the discharge of their functions as education authority; or
discharging any of those functions of the authority on their behalf,
Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that—
at least half of the persons appointed by them to be members of such committee are members of the authority; and
the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below.
Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above.
at least three persons interested in the promotion of religious education, and the persons appointed in terms of this paragraph shall include—
one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church ; and
in the case of the education authority for the area of a region, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church;
one person, or, in the case of the education authority for an islands area, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under sub-paragraphs (i) and (ii) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there;
at least two teachers employed in educational establishments under the management of the authority, nominated in such manner as may be determined by the authority.
The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are—
one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church;
in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and
one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there.
Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “ one-half ”.
Paragraphs 2, 8, 9 and 10 of Schedule 10 to this Act shall, subject to any necessary modifications, apply in relation to an education committee and to the standing reference of functions to that committee under subsection (1) above as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.
Every education authority shall appoint bodies to discharge, subject to any directions given by the authority, such of the functions of management and supervision of educational establishments or groups of educational establishments under the control of the authority (including functions relating to attendance thereat) as the authority shall determine.
A body appointed under subsection (1) above shall be called—
in the case of such a body having only a school or schools under their management, a school council;
in any other case, a college council.
An education authority, in appointing a school or college council under this section, shall secure that the membership thereof includes—
in the case of any such council having any school under their management,
due representation of the parents of the pupils attending such school or schools;
at least one person interested in the promotion of religious education;
in the case of any such council having under their management any of the educational establishments mentioned in paragraph (a) or (c) of this subsection, on the nomination of the teachers and other educational staff employed in those establishments under the management of the said council, or, failing such nomination, by direct appointment, at least one such teacher or member of such other educational staff;
in the case of any such council having under their management any educational establishment used wholly or partly for any form of further education other than that described in section 4(c) of the Education (Scotland) Act 1962 (social, cultural and recreative activities, etc.), due representation of persons concerned or engaged in crafts, industries, commerce or other employments in the locality;
in the case of any such council having under their management any educational establishment used wholly or partly for any form of further education described in the said section 4(c), due representation of persons resident in the locality and otherwise qualified to represent local interests in the management of such establishment or establishments.
Paragraphs 9 and 12 of Schedule 10 to this Act and section 62 of this Act shall, subject to any necessary modifications, apply in relation to school and college councils and, except where the context otherwise requires, references in sections 59 and 60 of this Act to a sub-committee shall include references to a school or college council.
Any reference in any enactment, scheme or document to a sub-committee appointed under section 109 of the 1947 Act shall be construed as a reference to a council appointed under this section.
Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of—
a committee such as is mentioned in subsection (1) of section 124 of this Act;
a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
any sub-committee of such a committee or joint committee.
In relation to the discharge by a local authority of their functions as an education authority, Schedule 10 to this Act shall have effect in place of subsections (1) to (5) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.
Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under this section as they apply in relation to a joint committee appointed under Part V of this Act.
Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table. Existing area New area County County of a city Region or islands area Large burgh Small burgh District District or islands area
Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above. Existing office-holder New office-holder Lord Provost Provost Convener of county Chairman of district council Convener of council MagistrateCouncillorChairman of or member of a committee Councillor, or any other person nominated by the council Any specified officer The corresponding officer or (if there is no such officer) the proper officer
Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.
Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.
In this section, unless the context otherwise requires, expressions used in Part VI of the Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.
Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.
Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) Act 1987 shall be a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Before any local authority exercise outwith their area any power under Part I of the Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.
The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.
A regional council may enter into an agreement with a district council whether within or outwith their region whereby, in consideration of the provision of housing accommodation by the district council, the regional council shall make such payment to the district council as shall be specified in the agreement; but any agreement under this subsection shall be subject to the approval of the Secretary of State.
A regional council as well as an islands or district council may, with the consent of the Secretary of State, promote the formation or extension of or assist a housing association whose objects include the erection, improvement or management of housing accommodation.
A regional council as well as an islands or district council may, with the approval of the Secretary of State, make arrangements with a housing association for the purpose of enabling the association to provide any housing accommodation which the islands or district council in whose area the accommodation is to be provided are empowered under Part VII of the Housing (Scotland) Act 1966 to provide.
The local authority for the purposes of the Rent (Scotland) Acts 1971 and 1972 shall be an islands council or district council.
The Rent (Scotland) Act 1971 shall have effect subject to the amendments set out in Schedule 13 to this Act.
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The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the Local Government (Scotland) Act 1889 shall be transferred to and vested in the local roads authority.
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The Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.
River purification boards established under Part II of the Rivers (Prevention of Pollution) (Scotland) Act 1951 are hereby dissolved and sections 2 to 5 of the said Act shall cease to have effect.
On and after 16th May 1975 the functions of river purification authorities under the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall be exercised by river purification boards established under the following provisions of this section and by islands councils.
The Secretary of State shall, by order, divide Scotland, other than islands areas, into areas (to be known as "river purification board areas") and the said areas shall include such tidal waters, being waters to which the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 apply, as the Secretary of State may determine.
An order made under subsection (3) above shall define each river purification board area either by reference to a map or to the line of any watershed or to the boundary of any local government area existing immediately before the making of the order, or partly by one method and partly by another.
For each river purification board area the Secretary of State shall by order establish the river purification board and the said order shall provide—
that the river purification board shall consist of such number of members as may be specified in the order not being more than three times the number of districts wholly or partly within the river purification board area,
that one third of the members of the river purification board shall be appointed from among their own members by such of the regional councils wholly or partly within the area of the river purification board and in such proportions, as may be so specified; that one third of the members of the river purification board shall be appointed from among their own members by such of the district councils wholly or partly within the area of the river purification board and in such proportions as may be so specified ; and that one third of die members of the river purification board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the river purification board area or any other interests which, in the opinion of the Secretary of State, should be represented on the board,
that the river purification board shall be a body corporate with such name as may be specified in the order, and that the board shall have a common seal and may hold land and may sue and be sued in the name so specified.
An order made under subsection (5) above may make provision with regard to the following matters—
the arrangements for the calling of the first meeting of the river purification board;
the preparation of a scheme with respect to the administrative arrangements for the discharge of the functions of the river purification board;
the tenure of office of members of the river purification board and the filling of casual vacancies among such members;
the mode of defraying the expenses of the board and in particular the proportions of those expenses which are to be borne severally by regional councils and for issue of requisitions to the said councils for the payment of the amounts apportioned to these councils ;
the transfer to the river purification board of rights or liabilities (other than those in or relating to property) or of the services of any officer or servant of any existing river purification authority, the functions of which, on and after 16th May 1975, shall be exercised by the river purification board in terms of subsection (2) of this section;
the application to the board, subject to any necessary modifications, of any of the provisions of this Act;
any other matter incidental to or consequential on the establishment of the river purification board or any provision contained in the order.
Before making an order under subsection (3) or (5) above the Secretary of State shall consult all local authorities (including in the case of an order made before 16th May 1975, councils of counties and large burghs) and river purification boards whose areas are wholly or partly within the area affected by the order, and the provisions of Schedule 3 to the Water (Scotland) Act 1967 shall apply to the making of such an order as they apply to the making of an order under section 5 of that Act with the substitution of a reference to this subsection for the reference to section 33(4) of that Act.
Any reference in the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to the councils of counties or of large burghs and to their districts shall be read as references to regional, islands or district councils and to their areas.
The provisions of section 216 of the 1947 Act (which relate to the issue of requisitions by joint committees and joint boards) shall, subject to any necessary modifications, apply to a requisition by a river purification board in terms of an order under this section as they apply to requisitions by a joint committee or joint board, and the provisions of section 106 of this Act shall, subject to any necessary modifications, apply with respect to a river purification board as they apply to a water development board within the meaning of the Water (Scotland) Act 1967.
The Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall have effect subject to the amendments specified in Schedule 16 to this Act.
The local authority for the purposes of the Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words “county councils and town” there shall be substituted the words “ islands councils and district ”.
In section 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority.
In section 7 of that Act after the definition of “refuse tip” there shall be inserted the following definition “ “river purification authority” has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council. ”
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In the said Act of 1949 the following amendments shall be made—
for section 1(1) (coast protection authorities), there shall be substituted the following subsection—;
in section 20(5) (contributions towards expenses of coast protection) for the word “burgh” there shall be substituted the word “ district ”;
in section 22 (power to use for incidental purposes land acquired for coast protection)—
in subsection (2), for the words “burgh or county” there shall be substituted the words “ region or islands area ”.
in subsection (3), for the reference to the Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973;
in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection—;
in section 45(1)(b) (service of notices and other documents), for the words “or burgh” there shall be substituted the words “ or in Scotland the council of a region, islands area or district ”;
in section 46(4) (local inquiries), for the words from “subsection (2)” to “1947” there shall be substituted the words “ subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”;
in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph—.
The local authority for the purposes of section 5 of the Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word “1947” there shall be substituted the word “ 1973 ”.
For the purposes of the enactments to which this section applies, the local authority and sanitary authority shall be an islands or district council.
This section applies to the following enactments—
The Public Health (Scotland) Act 1897 ;
The Alkali, Etc., Works Regulation Act 1906 ;
The Public Health (Scotland) Act 1945 ;
Part I of the Prevention of Damage by Pests Act 1949 ;
The Rag, Flock and Other Filling Materials Act 1951;
The Clean Air Acts 1956 and 1968 ;
The Noise Abatement Act 1960 ;
The Health Services and Public Health Act 1968, except section 65 thereof.
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In section 43 of that Act (facilities for sheep dipping), the words " with the sanction of the Minister " shall cease to have effect.
Sections 60, 61(7), 64(2) and 68 of, and Schedule 4 to, that Act (committees and officers of local authorities etc.) shall cease to have effect.
A competent authority under the Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from “in such manner” to “direct” shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from “in such”(where first occurring) to “direction” shall cease to have effect.
The Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the modifications set out in this section.
An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the local authority, and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the authority to whose proper officer the application was made.
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References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the local authority.
References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the local authority.
References in the 1841 Act to a county shall be construed as references to the area of a local authority, including the electoral areas thereof and other places therein.
The Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below.
For section 1(1) of that Act (police areas) there shall be substituted the following subsection—
In section 2(1) (police authorities), for the words from the beginning to “police authority” there shall be substituted the words “ For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, shall be the police authority ”.
Section 4(3) of that Act (same person may be chief constable of more than one police force) shall cease to have effect on 16th May 1975.
Section 18 of that Act (jurisdiction of constables as respects execution of warrants in border counties of England and Scotland) shall be amended as follows—
in subsection (1) for the words from “Scotland” to “Dumfries” there shall be substituted the words “ any one of the border areas of Scotland, that is to say, the counties of Northumberland or Cumbria, or the areas of the Borders or Dumfries and Galloway ”, and after the word “counties” or “county” wherever it occurs there shall be inserted respectively the words “ or areas ” or “ or area ”;
in subsection (2) for paragraph (b) there shall be substituted the following paragraph—
In sections 20(5) (power of Secretary of State to make amalgamation schemes) and 29(3) (local inquiries) of that Act, for the reference to subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973.
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For section 23 of that Act there shall be substituted the following section—
In section 51 (1) (general interpretation), in the definition of “amalgamation scheme”, for the words “or section 20” there shall be substituted the words “ section 20 or section 21A ”.
Sections 24 and 25 of the said Act of 1967 and Schedule 2 thereto shall, subject to any necessary modifications, apply to an order under section 215 of this Act as they apply to an amalgamation scheme under that Act.
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Subject to the provisions of the Fire Services Act 1947 as amended by this section, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall be a regional or islands council.
For section 36(3) (administration scheme) of the said Act of 1947 there shall be substituted the following subsection—
Not later than 1st January 1975 every new fire authority shall prepare and submit to the Secretary of State for his approval an establishment scheme for their area or combined area under section 19 of the said Act of 1947 to come into force on 16th May 1975, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.
Without prejudice to subsection (3) above, every fire authority, in respect of whose area or combined area the Secretary of State has approved or made an administration scheme under section 36 of the said Act of 1947, shall prepare and submit to the Secretary of State for his approval an establishment scheme for the combined area under the said section 19, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.
The following further amendments shall be made to section 36 of the said Act of 1947—
for any reference to counties and burghs or counties or burghs there shall be substituted respectively references to regions and islands areas or regions or islands areas;
in subsection (2), the words between " Secretary of State" and " for any reference to a combination scheme " shall cease to have effect;
in subsection (6), for the words from the beginning to " subsection (3) of this section" there shall be substituted the words " If the councils of the regions and islands areas comprised in one of the combined areas set out in the Table at the end of subsection (3) of this section fail to submit within the time limited by that subsection " ;
in subsection (8) for the words "the areas specified in the Fourth Schedule to this Act" there shall be substituted the words " any area or combined area ";
in subsection (15), in the substituted section 4, for the words from the beginning to " or burgh " there shall be substituted the words " Subject to the provisions of this Act, as from 16th May 1975, the fire authority shall be a regional or islands council ";
in subsection (19), for the words " (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947 " there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".
In section 38(1) of the said Act of 1947 (interpretation), after the definition of " appointed day " there shall be inserted the following definition—.
Schedule 4 to the said Act of 1947 (combined areas in Scotland) shall cease to have effect.
Section 7(2) of the Fire Services Act 1959 (establishment schemes) shall cease to have effect.
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For any area specified in column 1 of the following table the water authority shall be the regional council specified in relation to that area in column 2 of that table. Area Regional council to whose limits of supply the area in column 1 is to be added 1 2 The whole of the former County of Kinross. Fife That part of the former Counties of Stirling and Dunbarton which lies within both the Strathclyde Region and the region of the Mid-Scotland Water Board. Central
The area within which a water authority are to exercise their functions by virtue of this section shall comprise the limits of supply of that authority.
Notwithstanding section 57 of this Act, where— then the members of that committee shall be appointed both by that authority and by the other water authority; and the number of such members to be appointed by each of those authorities shall be such number as may be agreed between them or in default of agreement as the Secretary of State may by order specify.
a water authority have arranged under section 56 of this Act for the discharge of their functions relating to water by a committee, and
the limits of supply of that authority include an added area,
A member of such a committee who represents the other water authority shall not be entitled to exercise a deliberative vote or to submit a motion or, except with the leave of the committee, to take part in a discussion except in respect of a matter relating solely or, in the opinion of the person presiding at the meeting of the committee, mainly to the exercise of any of the functions of the water authority of whose committee he is a member.
Where the limits of supply of a water authority include an added area but the authority propose to make an arrangement for the discharge of their functions relating to water other than such an arrangement as is referred to in subsection (5)(a) above, then the proposed arrangement shall require the consent of the Secretary of State, who shall not give such consent unless he is satisfied that the interests of the other water authority will be adequately safeguarded by the proposed arrangement.
Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.
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The local weights and measures authority for the purposes of the Weights and Measures Act 1963 shall be a regional or islands council; and accordingly for section 36 of that Act there shall be substituted the following section—
Without prejudice to the powers of local authorities under Parts V and VI of this Act and under the Local Authorities (Goods and Services) Act 1970, section 37 of the Weights and Measures Act 1963 (power for local weights and measures authorities to combine) shall cease to have effect.
In section 39(5) of the said Act of 1963 (inquiries), for the reference to subsections (2) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (2) to (8) of section 210 of this Act.
Sections 40(2) and 47 of the said Act of 1963 (compensation of officers and general administrative regulations) shall cease to have effect.
Paragraph 5(2) of Schedule 6 to the said Act (byelaws relating to sale of solid fuel) shall have effect as if—
for the words from " by the authority " to " measures authority " there were substituted the words " by the local weights and measures authority for the area where they have effect ";
Provided that where the byelaws have effect in the areas of two or more local weights and measures authorities, they may be revoked by any of the authorities to the extent that they have effect in their area, and when so revoked the byelaws shall continue in force in any other area until revoked to the extent that they have effect in that area.
A local weights and measures authority may make, or assist in the making of, arrangements to provide advice to or for the benefit of consumers of goods and services within the area of the authority.
Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.
Subject to the provisions of Schedule 18 to this Act, all functions relating to transport under the enactments specified in that Schedule shall be exercised by regional or islands councils and those enactments shall have effect subject to the amendments specified in that Schedule.
The Strathclyde Regional Council shall be the Passenger Transport Authority for the Greater Glasgow Passenger Transport Area for the purposes of Part II of the Transport Act 1968, and accordingly the Greater Glasgow Passenger Transport Authority established by virtue of the said Part II is hereby dissolved and its property and functions transferred to the Strathclyde Regional Council.
In consequence of subsection (2) above, the Secretary of State may by order amend any local enactment or any order made under Part II of the said Act of 1968 or any provision of the said Part II in its application to the Greater Glasgow Passenger Transport Area, being an area which has been designated for the purposes of that Part by an order under section 9(1) of that Act, and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
References in this section to the Greater Glasgow Passenger Transport Area and the Greater Glasgow Passenger Transport Authority include references to that Area or Authority as varied by an order made under section 9 of the said Act of 1968.
In section 16(1) of the Finance Act 1970 (exclusion of amounts precepted under section 13 of the Transport Act 1968 and certain grants in computing profits chargeable to corporation tax of a Passenger Transport Executive), for paragraph (a) there shall be substituted the following paragraph—.
As respects any area of a local authority, other than an area which has been designated for the purposes of Part II of the Transport Act 1968 by an order under section 9(1) of that Act, it shall be the duty—
of the local authority, acting in consultation with persons providing bus services within their area and, so far as appropriate, with the Railways Board, to develop policies which will promote the provision of a coordinated and efficient system of public passenger transport to meet the needs of their area and, for that purpose, to take such steps to promote the coordination, amalgamation and re-organisation of road passenger transport undertakings in their area as appear to the local authority to be desirable; and
of each of the persons providing bus services within such an area and of the Railways Board to co-operate with one another and the local authority concerned in the exercise of their respective functions for the purpose of co-ordinating the passenger transport services within the area and to afford to one another and to the local authority such information as to proposed changes in their services as may be reasonably required for that purpose.
For the purpose of such co-operation as is referred to in subsection (1)(b) above, the Railways Board and each of the persons providing bus services as aforesaid shall have power to enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient, including arrangements for the establishment under the Companies Acts of, and the transfer of assets to, one or more companies controlled (severally or jointly) by the parties to the arrangements.
A local authority may make grants towards any costs incurred by persons carrying on public passenger transport services (whether by land, water or air) wholly or partly in the area of the authority.
A local authority may, in respect of any financial year—
make a contribution out of rates towards the expenditure which they estimate they will incur in that year in discharging functions relating to public passenger transport services under any enactment or instrument made thereunder; and
notwithstanding the provisions of any such enactment or instrument, take into account the amount of such contribution in fixing for that year the fares and charges for the public passenger transport services in respect of which the contribution is made.
In this section " local authority" means a regional or islands council and other expressions have the same meaning as in the Transport Act 1968.
All rights which are presently vested in regional or islands councils in relation to ferries, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the . . . council within whose area the ferry is situated.
A . . . council or any two or more . . . councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but . . . a council or councils acting in combination may only exercise those powers as respects a ferry situated partly within their area or areas and partly within the area of another such council if the agreement of that other council has first been obtained.
A . . . council or any two or more . . . councils acting in combination may
incur capital expenditure and borrow money for the purposes of exercising their powers under subsection (2) above;
lease or hire a ferry to or from another person on such conditions as they think fit;
enter into arrangements with another person for the operation of a ferry by that person on their behalf; and
from time to time fix fares and charges for the use of any ferry operated by virtue of this section, and adequate publicity as to those fares and charges shall be given by them within their area.
If in any year the revenue received by a council, or by two or more councils acting in combination, in respect of a ferry operated by virtue of this section is insufficient to defray the expenditure incurred in operating and maintaining in an efficient state any such ferry and any sums required to meet interest, sinking fund or other loan charges, the deficiency shall be met out of rates by the council in whom the ferry is vested, or in the case of a ferry vested in two or more councils in combination, by those councils in such proportions as may be fixed by the combination agreement.
In this section —
. . ., all rights which are presently vested in regional, islands or district councils in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which regional, islands or district councils are subject in that connection, are hereby transferred to the . . . council within whose area the harbour, pier, boatslip or jetty is situated, and the enactments specified in Schedule 19 to this Act shall have effect subject to the amendments set out in that Schedule.
Where a harbour is situated partly within the area of one . . . council and partly within the area of another . . . council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.
A . . .council or any two or more . . . councils acting in combination may acquire by agreement, or, if so authorised by the Secretary of State, may acquire compulsorily— and sections 70(2) to (5) and 71(3) and (4) of this Act shall apply respectively to acquisition by agreement or compulsorily under this subsection as they apply for the purposes of those sections.
land for the purpose of constructing, re-constructing, extending or improving a marine work;
any harbour whose acquisition is considered by the council to be desirable in the interests of their area and
whose maintenance is to be discontinued by its owner, or
which is considered by the council to be in a poor state of repair,
If a local authority so elects and notifies the Secretary of State accordingly, Part III of the Harbours, Piers and Ferries (Scotland) Act 1937 shall apply to any harbour transferred to or acquired by them under this section which is not a marine work as if it were a marine work.
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A local authority may make loans to a harbour authority for a harbour wholly or partly situated within their area, on such terms as may be agreed between the local authority and the harbour authority, for the purpose of enabling the harbour authority to do anything which they have power to do.
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Where provisions of the Harbours, Docks and Piers Clauses Act 1847 have been incorporated with any enactment, the amendments made by this Act in that Act shall be so incorporated.
In this section —
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In section 46(6) (bye-laws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, where it twice occurs, there shall be substituted the word “ 1973 ”.
In section 47(1) (means of escape), the word “either” and the words from “or, where” to the end shall cease to have effect.
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In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect.
Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect.
In section 182 (application to Scotland), subsection (2) shall cease to have effect, and in subsection (9) for the words “county and town” there shall be substituted the words “ islands and district ”.
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In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect.
In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “ (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
It shall be the duty of the authorities specified in the first column of the Table below to enforce and execute the provisions of the Food and Drugs (Scotland) Act 1956 which are specified in relation to them respectively in the second column of that Table. Authorities Provisions to be enforced and executed Regional and islands councils (a) Sections 1, 2 and 6; (b) Section 18. Islands and district councils (a) Sections 8 to 11; (b) Section 12; (c) Sections 14 and 15; (d) Section 17; (e) Section 19; (f) Section 24; (g) Section 34; (h) Section 38.
Notwithstanding subsection (1) above, a district council may execute and enforce the provisions of section 2 of the said Act of 1956 if the offence alleged relates to food which is alleged to contain some extraneous matter.
For the purposes of the Social Work (Scotland) Acts 1968 and 1972, the local authority shall be a regional or islands council.
In relation to the discharge by a local authority of their social work functions, Schedule 20 to this Act shall have effect in place of subsections (1) to (5) and (10) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.
Where a local authority have made an arrangement under Schedule 20 to this Act for the discharge by their social work committee of any of their social work functions, that function shall not, during the subsistence of such arrangement, stand referred to that committee under section 2 of the Act of 1968, and the committee may themselves discharge the function in accordance with the arrangement.
Paragraphs 2, 7, 8 and 9 of Schedule 20 to this Act shall, subject to any necessary modifications, apply in relation to a social work committee and to the standing reference of functions to that committee under section 2 of the Act of 1968 as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.
The number of members of a social work committee and their term of office shall be fixed by the appointing authority.
A social work committee may, subject to section 59 of this Act, include persons who are not members of the appointing authority, but at least two-thirds of the members appointed to the committee shall be members of that authority.
Every member of a social work committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any subcommittee thereof; but for the purposes of this subsection a member of a social work committee shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under Schedule 20 to this Act as they apply in relation to a joint committee appointed under Part V of this Act.
This section shall be without prejudice to the provisions of Schedule 3 to the Act of 1968 relating to Children's Panel Advisory Committees.
In this section—
" social work committee " means a committee appointed under section 2(1) of the Act of 1968 ;
" social work functions " means the functions referred to in section 2(2) of the Act of 1968 ;
" the Act of 1968 " means the Social Work (Scotland) Act 1968.
The functions of local authorities under the Physical Training and Recreation Acts 1937 and 1958 shall be exercisable by local authorities within the meaning of this Act and accordingly in section 10(4) of the Physical Training and Recreation Act 1937 (application to Scotland), for the words " town, county " there shall be substituted the words " regional, islands ".
Regional councils shall have a duty, in consultation with district councils within their region, to ensure that there is an adequate provision of facilities for the inhabitants of their region for the purposes of the said Acts of 1937 and 1958.
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A local authority . . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.
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Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.
The functions of river purification boards under the Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words “board” and “boards”, wherever they occur, there shall be substituted respectively the words “ authority ” and “ authorities ”.
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Accordingly the following amendments shall be made in that Act—
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in section 6(4) (local inquiries), for the words from “subsections” to “1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”;
in section 8(5) (custody of keys), the words from “by their” to “town clerk” shall cease to have effect;
in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “ sections 56 to 58 of the Local Government (Scotland) Act 1973 ”;
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The functions of councils under the Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.
The local authority for the purposes of the War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the Local Government Act 1948 shall be a local authority within the meaning of this Act; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.
In consequence of subsection (1) above the said section 133(3) shall have effect as if—
after the word “modifications” there were inserted the following head—
for head (ii) there were substituted the following head—
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section 10 of the Riotous Assemblies (Scotland) Act 1822 (compensation for damage by riot);
section 10 of the Protection of Birds Act 1967 (publicising of effect of Protection of Birds Acts);
section 67 of the Agriculture Act 1970 (enforcement of standards for fertilisers and feedingstuffs).
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Subject to subsections (2) and (3) of this section, a local authority may—
produce heat or electricity or both;
establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;
buy or otherwise acquire heat;
use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;
without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.
Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.
Except in such cases as may be prescribed, or in cases where it is produced from waste, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.
A local authority may—
construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;
contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.
Parts I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—
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for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; and
for any reference to Scottish Water there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.
It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.
In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.
Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.
Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—
with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;
for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;
providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.
Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of Scottish Water. . .) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to Scottish Water there were substituted a reference to the local authority and as if in subsection (1) of that section—
for paragraphs (aa) to (ac) there were substituted the following paragraph—;
for the words from “this Act” onwards in paragraph (b) there were substituted the words “ byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973 ”; and
for the words “this Act” in paragraphs (c) and (d) there were substituted the words “ section 170A of that Act ”.
Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.
An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.
The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.
The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be— and the district of the planning authority shall be the region, islands area or the district, as the case may be.
in the case of regional planning functions, a general planning authority or a regional planning authority; and
in the case of district planning functions, a general planning authority or a district planning authority,
In the term “local planning authority”, wherever it occurs in any enactment or instrument made under an enactment, the word “local” shall be omitted.
In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires be construed as a reference to a general planning authority and to a district planning authority.
In this Part of this Act—
a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).
“regional planning functions” are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act;
“substantive change” has the meaning assigned to it by section 13(d) of this Act.
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
“exempt nformation” has the meaning given by section 50J above;
A general or regional planning authority may, in advance of the submission of a structure plan to the Secretary of State, or at any time thereafter, prepare and submit to the Secretary of State a report on their district in accordance with the provisions of this section.
If so directed by the Secretary of State, a general or regional planning authority shall submit such a report to him within a period specified in the direction.
The report shall be based on the survey mentioned in section 4 of the Act of 1972, or any part of that survey, or on material prepared for that survey or part, and shall consist of planning policy proposals for the district of the authority as a whole or any part of it, as respects the matters mentioned in section 5(3) of that Act, having regard to the requirements of section 5(4) of that Act.
Before submitting the report to the Secretary of State, a regional planning authority shall consult every district planning authority within their region, and every other planning authority who are likely to be affected by the report, and at the same time as the regional planning authority submit the report to the Secretary of State they shall send a copy of the report to every such planning authority.
The Secretary of State shall make observations on each report submitted to him under this section and shall transmit those observations to all planning authorities to whom a copy of the report was sent under subsection (4) above, and the general or regional planning authority concerned shall publish within their district the report together with the observations of the Secretary of State.
In the event of the failure of a general or regional planning authority to submit to him a report under this section, the Secretary of State may himself prepare and publish such a report, and any expenses certified by him as having been incurred in so doing shall on demand be repaid by the authority concerned to the Secretary of State.
All planning authorities shall, in the exercise of their functions as such, have regard to any report and observations made under this section which affect or are likely to affect them.
A structure plan submitted to the Secretary of State under section 5(1) of the Act of 1972 may consist of a series of plans relating to different parts of the district of a planning authority, and may, if the Secretary of State agrees, on application made to him to that effect by a planning authority, relate to part only of the district of the authority, in which case references in Part II of the Act of 1972 and in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.
Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a regional planning authority shall consult every planning authority who are likely to be affected by the plan or proposals.
The following provisions shall be substituted for subsections (3) and (4) of section 7 of the Act of 1972 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular require him to consider any objections to the plan and to afford a hearing to the persons making them)—
For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 12 of the Act of 1972 (which, amongst other things, applies section 7 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—.
In consequence of subsection (2) above, in section 13(3) of the Act of 1972 the words from " but as if " to the end are hereby repealed.
Every general and district planning authority shall, as soon as practicable, prepare local plans for all parts of their district and accordingly subsections (1) and (2) of section 9 of the Act of 1972 (preparation of local plans) shall cease to have effect.
A district planning authority shall submit a copy of their proposals for a local plan or for the alteration, repeal or replacement of a local plan to the regional planning authority for their region.
A district planning authority shall not prepare a local plan for a part of their district before a structure plan has been approved in relation to that part unless they have first applied for and obtained the consent of their regional planning authority to that effect, and such consent may be withheld or withdrawn where a structure plan is in course of preparation or any decision is likely to be taken shortly by any authority and that plan or decision is likely to have a substantial effect on the contents of the local plan, but otherwise such consent shall not be unreasonably withheld.
Consent under subsection (3) above shall be deemed to have been given unless that consent has been refused within 3 months of the application for consent.
Any question as to whether consent under subsection (3) above has been unreasonably withheld may be referred by the district planning authority to the Secretary of State, whose decision in the matter shall be final.
Subject to any directions which the Secretary of State may give, a general planning authority may prepare a local plan for a part of their district before a structure plan has taken effect in relation to that part.
A regional planning authority may assume the functions of a district planning authority within their district in relation to the preparation and making of a local plan if in their opinion— This subsection applies to the alteration, repeal or replacement of a local plan as it applies to the preparation and making of a local plan.
a local plan is urgently required to implement the provisions of an approved structure plan and the district planning authority concerned have failed to adopt an appropriate local plan ; or
the district of more than one district planning authority is likely to be affected by the local plan in question ; or
the local plan does not conform to a structure plan approved by the Secretary of State; or
the implementation of the local plan will render unlikely the implementation of any other local plan relating to their district.
Where under subsection (1) above a regional planning authority assume the functions of a district planning authority, the provisions of the Act of 1972 and of any instruments made thereunder in relation to local plans shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.
Where a regional planning authority proposes to assume functions under subsection (1) above, the district planning authority concerned may appeal to the Secretary of State against the proposal and the decision of the Secretary of State in the matter shall be final.
The Secretary of State may determine matters arising under section 176(5) of this Act or under subsection (3) above on the basis of written submissions submitted to him by the authority concerned within such period as he may stipulate, and of such consultations with those authorities, whether together or separately, as he thinks fit, and the Secretary of State shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.
The local authority for the purposes of the Countryside (Scotland) Act 1967 shall be a regional, islands or district council, and the planning authority for the purposes of that Act shall be a general, regional or district planning authority.
to ensure that there is an adequate provision of facilities for the inhabitants of their region under the said Act of 1967.
Regional planning authorities shall have a duty, in consultation with district planning authorities within their district, and
regional councils shall have a duty, in consultation with district councils within their region,
A regional planning authority shall, in relation to district planning authorities within their district, have the same powers as are conferred on the Secretary of State by subsections (1) to (5) of section 32 of the Act of 1972 where—
the proposed development does not conform to a structure plan approved by the Secretary of State; or
the proposed development raises a new planning issue of general significance to the district of the regional planning authority; and
the application concerned is not subject to a direction given by the Secretary of State under the said section 32.
A district planning authority may appeal to the Secretary of State against any directions given to them by virtue of this section, and the Secretary of State, whose decision shall be final, may determine the appeal in accordance with section 177(4) of this Act.
Where a district planning authority propose to make an order under section 42 or 49 of the Act of 1972 (revocation etc. of planning permission and discontinuance of use, or alteration or removal of buildings or works), they shall give notice of the proposals to their regional planning authority who may make representations or objections as respects the proposed order to the Secretary of State.
Where, after consultation with the district planning authority concerned, a regional planning authority are of the opinion that a structure plan approved by the Secretary of State would be materially prejudiced if such an order as aforesaid were not made, they may themselves make such an order, and in relation to that order the provisions of the said section 42 or 49 shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.
The functions of local authorities under the Ancient Monuments Acts 1913 and 1931 shall be district planning functions, and the references in those Acts to a borough or to a district or the council thereof shall be construed accordingly.
The functions of local authorities under Part I (except section 24) of the Caravan Sites and Control of Development Act 1960 (caravan sites) shall be functions of islands and district councils and under the said section 24 shall be functions of regional, islands or district councils and regional or district planning functions.
The functions of planning authorities under section 9 of, and Schedule 3 to, the Town and Country Planning (Amendment) Act 1972 shall be district planning functions.
The Secretary of State may from time to time direct a general or district planning authority to submit to him for his approval within a period specified in the direction the arrangements which the authority propose to make to obtain specialist advice in connection with their functions—
under sections 53, 54, 56, 92 or 95 of, or Schedule 10 to, the Act of 1972 (listed buildings);
under section 262 of that Act (designation of conservation areas); or
under section 9 of the Town and Country Planning (Amendment) Act 1972 (control of demolition in conservation areas).
If the Secretary of State is not satisfied about any arrangements mentioned in subsection (1) above, he may, after consultation with the general or district planning authority and any other authority concerned,—
direct the general or district planning authority and another planning authority specified in the direction to enter into an agreement under section 65 of this Act for the placing at the disposal of the former, for the purpose of giving them any such specialist advice as is mentioned in that subsection, of the services of officers employed by the latter who are qualified to give such advice; or
direct the general or district planning authority and another planning authority so specified to enter into arrangements for the discharge by the latter of any of the functions mentioned in that subsection and also direct that the arrangements shall contain terms so specified or terms on lines laid down by him.
The enactments mentioned in Schedule 23 to this Act being enactments relating to planning, new towns and kindred matters, shall have effect subject to the amendments set out in that Schedule.
The Secretary of State shall not make any order under section 31 of the Licensing (Scotland) Act 1959 (supplementary and local provisions) as that section had effect immediately before the passing of this Act; and no alteration shall be made in any licensing court or court of appeal by reason of any increase or decrease of population until those courts are reconstituted in terms of the said Act of 1959 as amended by subsequent enactments (including this Act).
The Licensing (Scotland) Acts 1959 to 1969 shall have effect subject to the minor and consequential modifications and amendments set out in Part I of Schedule 24 to this Act.
The provisions of the Betting, Gaming and Lotteries Act 1963 and of the Gaming Act 1968 relating to the authorities for the purposes of permits, licences and registration under those Acts shall have effect subject to the modifications and amendments set out in Part II of Schedule 24 to this Act.
Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.
The local authority for the purposes of the War Charities Act 1940 (registration authority for war charities) and the Poisons Act 1972 (local authority's list of persons entitled to sell poisons) shall be a regional or islands council.
The local authority for the purposes of the Vehicle and Driving Licences Act 1969 shall be a regional, islands or district council.
For the purposes of the following enactments the local authority shall be an islands or district council—
The Cinematograph Act 1909 ;
The Performing Animals (Regulation) Act 1925 ;
The Theatrical Employers Registration Act 1925 ;
The Methylated Spirits (Sale by Retail) (Scotland) Act 1937;
The House to House Collections Act 1939 ;
The Pet Animals Act 1951;
The Hypnotism Act 1952;
The Animal Boarding Establishments Act 1963 ;
The Riding Establishments Act 1964 ;
section 44(1) of the Local Government (Scotland) Act 1966 (game licences);
The Sale of Venison (Scotland) Act 1968 ;
The Theatres Act 1968.
In consequence of the foregoing provisions of this section the enactments mentioned therein shall have effect subject to the modifications and amendments set out in Part III of Schedule 24 to this Act.
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Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment.
Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.
Any legal proceedings against a local authority shall be deemed to have been duly served on the authority if served on the proper officer of the authority, and any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be sent, delivered or served to or upon a local authority or to or upon the proper officer or convener of a local authority, shall be addressed to the local authority or to the proper officer or convener as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.
The proper officer of a local authority or any other officer authorised by the authority for the purpose may sign on behalf of the authority any claim in any sequestration, liquidation or other such proceedings in which the authority are entitled to make a claim, and may act on behalf of the authority in connection with that claim in all respects.
by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:
in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or
where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or
where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him— and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.
by name, if his name is known; or
if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates;
Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.
Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.
Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.
For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding level 1 on the standard scale.
This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.
Without prejudice to subsections (1) to (6) above, a rating authority may use the method specified in subsection (8) below or that specified in subsection (9) below in order to—
issue a demand note under section 237 of the 1947 Act ;
supply information which requires to be supplied when such a demand note is issued.
The method specified in this subsection is to send the demand note or information by electronic communication to an address notified to the authority for the purposes of this subsection by the recipient of the demand note or information, and an electronic communication under this subsection must be—
capable of being accessed by the recipient;
legible in all other material respects; and
sufficiently permanent to be used for subsequent reference.
The method specified in this subsection is to publish the demand note or information on a website in a case where—
the rating authority have agreed with a person that demand notes or information will be issued or supplied to that person by this method;
the demand note or information falls within the terms of that agreement; and
the authority notify that person, in a manner agreed between them of—
the address of the website on which the demand note or information has been published; and
the place on the website where the demand note or information may be accessed and how it may be accessed.
In subsection (8)(b) above, “legible in all other material respects” means that the information contained in the electronic communication shall be available to the recipient to no lesser extent than it would be if that information had been contained in a document in printed form.
Unless the contrary is proved—
a demand note issued under subsection (8) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which the electronic communication containing it was sent;
a demand note issued under subsection (9) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which notification was given under paragraph (c) of that subsection.
A person who has notified an address for the purposes of subsection (8) above may subsequently give notice to the rating authority of a different address for those purposes and such a notice shall take effect from the date specified in it, being a date not less than three working days after the date on which the notice is given.
Where a person has agreed to receive demand notes or information by a method specified in subsection (8) or (9) above, that person may at any time withdraw from that agreement by giving notice to the rating authority and such a notice shall take effect from the date specified in it, being a date not less than seven working days after the date on which the notice is given.
In this section—
“working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 , a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.
Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated.
Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority. In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.
Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
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The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council: Provided that a person entering into any transaction with any such council shall not be bound to inquire whether authority to affix the seal has been given in accordance with the provisions of this subsection, and all deeds executed by such a council if otherwise valid shall have full force and effect notwithstanding that such authority may not have been given.
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Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—
by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and
by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and
in such other manner, if any, as appears to the authority to be desirable for giving publicity to the notice.
No misnomer or inaccurate description of any person or place, omission, mistake or informality in any notice or other document under or for the purposes of this Act shall affect the full operation of the notice or other document if the person or place mentioned is so designated as to be commonly understood, and such omission, mistake or informality is not such as to defeat the object of the notice or other document or cause substantial injustice to any person affected thereby.
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the proceedings of a local authority,
the proceedings of any committee appointed by a local authority so far as such proceedings relate to any of the authority's functions under the National Assistance Act 1948, the Education (Scotland) Acts 1939 to 1973, the National Health Service (Scotland) Act 1972 or the Town and Country Planning (Scotland) Act 1972, and
the proceedings of any joint committee or joint board established for the purpose of performing all or any of the functions of two or more local authorities under any of the Acts mentioned in paragraph (b) above,
In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed.
Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour.
If a person having the custody of any such document— he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,
refuses to give copies or extracts to any person entitled to obtain copies or extracts,
A local authority may remit any fee chargeable under this section.
Subject to subsection (3) below, any requirement imposed by any enactment that a local authority shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.
Subject to subsection (3) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.
A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.
Every local authority and every joint committee or joint board shall, within such period as the appropriate Minister may require, make to that Minister such reports and returns and give him such information with respect to their functions as the Minister may require, or as may be required by either House of Parliament.
Where records of an existing local authority relate exclusively to property vested in or functions transferred to a new local authority the records shall vest in that new local authority.
Records of parochial boards and parish councils held by an existing local authority shall vest in the regional or islands council which succeeds that authority.
All other records held by a county council shall vest in the regional or islands council which succeeds the county council, and all such records held by any other existing local authority shall vest in the islands or district council which succeeds that authority.
Where the area of an existing local authority is divided among two or more new local authorities, the records shall, subject to the foregoing provisions of this section, vest in the new local authority whose area includes, according to the latest census (not being a sample census), the greater part of the population of the existing local authority.
Where records relating to property or functions vested in or transferred to a local authority have vested in another local authority that other local authority shall make the records available for consultation by the former authority.
Any dispute as to the vesting of records shall be referred to and determined by the Secretary of State, whose decision in the matter shall be final.
A local authority shall make proper arrangements with respect to any records which belong to or are in the custody of the authority or any of their officers, and may dispose of records which they do not consider worthy of preservation.
A local authority may transmit any of their records to the Keeper of the Records of Scotland for safe custody, and accordingly in section 5(2) of the Public Records (Scotland) Act 1937 (transfer of records to Keeper), for the words from " the town " to " any other " there shall be substituted the word " any ".
A regional council may deposit any of their records with a district council within their region, and a district council may deposit any of their records with the regional council within whose region their area is situate or with any other district council within the same region.
A local authority may permit persons, with or without charge, and subject to such conditions as the authority may determine, to inspect their records and to make or obtain copies thereof.
In this section—
" records" includes charters, deeds, minutes, accounts and other documents, and any other records of whatever form which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland ; and
"local authority" includes a joint board, joint committee, river purification board and a water board.
A local authority may make byelaws for the good rule and government of the whole or any part of the their area, and for the prevention and suppression of nuisances therein.
The confirming authority in relation to byelaws made under this section shall be the Secretary of State.
Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.
. . . The following provisions of this section shall apply to byelaws to be made by a local authority—
under this Act,
under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or
under any enactment which incorporates or applies any of the following enactments—
section 57 of the Local Government (Scotland) Act 1889;
the Civic Government (Scotland) Act 1982;
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sections 301 to 303 of the 1947 Act.
Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.
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The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.
At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.
For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.
The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.
Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.
Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.
Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the Civic Government (Scotland) Act 1982 shall be held by the sheriff.
The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.
The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.
A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.
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The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.
In this section “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State: Provided that, notwithstanding that a local Act specifies otherwise, the confirming authority in relation to byelaws made under any local Act shall be the Secretary of State.
Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of level 2 on the standard scale, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.
A local authority shall, not later than 10 years from whichever is the later of the following times— review that byelaw and do so thereafter at intervals of not more than 10 years.
the coming into force of a byelaw which they have the power to revoke or amend;
the coming into force of this section;
The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating— shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.
that the byelaw was made by the authority;
that the copy is a true copy of the byelaw;
that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;
A local authority shall, in accordance with this section, keep a register of all byelaws which they have power to revoke or amend.
The register kept under subsection (1) above shall contain—
a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws;
the date or dates when the byelaws and any amendments to them were confirmed;
the date or dates when the byelaws and any amendments to them came or come into operation; and
the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act.
The register kept under subsection (1) above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it.
No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above.
The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.
Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them.
At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply.
The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above.
Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them.
It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw.
It shall not be competent under this section to revoke any byelaw or any part of any byelaw if the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.
Her Majesty shall appoint for each region such number of lord-lieutenants as she thinks fit, shall appoint a lord-lieutenant for each islands area and may appoint lieutenants for each region and islands area.
The Lord Provost of the cities of Aberdeen, Dundee, Edinburgh and Glasgow shall by virtue of his office be lord-lieutenant for the district of the city concerned and Her Majesty may appoint lieutenants for each such district.
Lord-lieutenants and lieutenants appointed for a region under subsection (1) above shall discharge their functions in such parts of the region as may be determined by Order in Council made by Her Majesty.
Any reference in any enactment passed before or during the same session as this Act or any instrument made before the passing of this Act to a lieutenant of a county shall be construed as a reference to the lord-lieutenant holding office for an area by virtue of this section.
The persons appointed under section 32 of the Militia Act 1882 to act for the lord-lieutenant as vice-lieutenant shall be known as vice-lord-lieutenants and the references to deputy lieutenants in section 30(4) of that Act (displacement of deputy lieutenants) shall include references to vice-lord-lieutenants.
The persons who may be appointed under section 31 of the said Act of 1882 to act as lord-lieutenant of an area or who may be appointed a vice-lord-lieutenant of an area under section 32 of that Act shall include a lieutenant for the area appointed under this section.
Her Majesty may by Order in Council provide that any lieutenant holding office immediately before 16th May 1975 shall continue to hold office on and after that date as lord-lieutenant for such part of a region as may be specified in the Order or for an islands area.
Any deputy lieutenant holding office immediately before that date shall continue to hold office on and after that date as deputy lieutenant of the part of the region, islands area or district of the city in which he resides or of such other area as may be specified in an order made by the Secretary of State.
Where an Order in Council is made in pursuance of subsection (3) above, any deputy lieutenant holding office immediately before the date on which the Order in Council is made shall continue to hold office on and after that date as deputy lieutenant of the part of the region in which he resides or of such other part as may be specified in the Order in Council.
Subsections (7) to (9) above shall not prejudice any power of removal or of directing removal from any office.
In this section " region " does not include the districts of the cities of Aberdeen, Dundee, Edinburgh and Glasgow.
A local authority may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the authority the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of their area persons of distinction and any persons who have rendered eminent service to their area.
An officer designated for the purpose by local authority shall keep a roll containing the names of persons admitted to be freemen under this section.
Nothing in this Part of this Act shall—
confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or
confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.
Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year’s Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.
Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election: Provided that where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in this subsection shall affect the validity of any act done in relation to an election before or on the date of the declaration.
For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in Schedule 25 to this Act shall have effect subject to the amendments set out in that Schedule.
Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.
An order made under this section may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.
A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.
In this section “local authority” includes a Passenger Transport Executive.
Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act . . ., or where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.
Except as otherwise provided in any enactment, the Minister may appoint an officer of his Department or any other person to conduct the inquiry and to report thereon to him.
The person appointed to hold the inquiry shall cause notice of the time and place of the inquiry to be given to the bodies and persons appearing to him to be interested.
For the purpose of any such local inquiry, the person appointed to hold the inquiry may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths: Provided that—
no person shall be required, in obedience to such a notice, to attend to give evidence or to produce any such books or other documents, unless the necessary expenses of his attendance are paid or tendered to him; and
nothing in this subsection shall empower the person holding the inquiry to require any person to produce any book or document or to answer any question which he would be entitled on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
Any person who refuses or wilfully neglects to attend in obedience to a notice under this section to give evidence or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
The Minister causing the inquiry to be held may, if he thinks fit, pay such expenses of witnesses and such expenses of or concerning the production of any books or other documents as to him seems reasonable, and such expenses shall be deemed to be part of the expenses of the inquiry.
The Minister may make orders as to the expenses incurred— and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.
by the Minister in relation to—
the inquiry;
arrangements made for an inquiry which does not take place; and
by the parties to the inquiry,
Where the Minister has made an order under subsection (7) of this section requiring any party to pay expenses to him he shall certify the amount of the expenses, and any amount so certified shall be a debt due by that party to the Crown and shall be recoverable accordingly.
What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—
there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and
there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.
This section shall not apply in the case of a local inquiry held under any enactment where the enactment contains provisions with regard to such inquiries.
The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—
the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,
expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and
any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and
any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.
If a complaint is made to the Secretary of State or any appropriate Minister that a local authority have failed to do what is required of them by or under this Act or any other enactment or the Secretary of State or that Minister is of opinion that an investigation should be made as to whether a local authority have so failed, he may cause a local inquiry to be held into the matter.
If after such a local inquiry the Secretary of State or appropriate Minister is satisfied that there has been such a failure on the part of the authority in question, he may make an order declaring the authority to be in default and directing them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.
If the authority declared to be in default by such an order fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.
If the Secretary of State or appropriate Minister— he may, in that order and without any local inquiry, declare the authority to be in default in respect of the continuance or recurrence of the failure and direct them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.
is about to make an order under subsection (2) above; and
is satisfied that the failure to which the order relates has continued or recurred,
Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.
The Secretary of State or appropriate Minister may, in an order under subsection (2) above, notify the local authority that any continuance or recurrence of the failure in respect of which the authority have been declared to be in default happening after the date of the order may be made the subject of an application to the Court of Session under subsection (3A) below.
If— the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been such continuance or recurrence of the failure and do otherwise as to the court appears to be just.
a local authority have been notified under subsection (2B) above; and
there has been any such continuance or recurrence as is mentioned in that subsection of the failure to which the notification relates,
The provisions of this section shall apply to a joint board as they apply to a local authority.
In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).
The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover expenses incurred by him in relation to an inquiry— section 129(1)(d) of the Road Traffic Regulation Act 1984 (expenses of inquiry under that Act), any other statutory provision to which this section is applied by order of the Minister.
What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—
there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and
there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.
The expense of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the expense of an inquiry which does take place.
The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—
the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,
expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,
any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and
any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.
An order or regulation under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.
Where a local authority claim to recover any sum in respect of rates or otherwise under or in pursuance of any provision of this Act from a person as being the owner of premises and that person proves that he— his liability should be limited to the total amount of the money which he has or has had in his hands as aforesaid.
is receiving the rent merely as trustee, tutor, curator, factor or agent for some other person; and
has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,
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The function of appointing representative commissioners under the said Act of 1969 shall be transferred to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale and the Berwick on Tweed District Council.
The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.
As from 16th May 1975 Part I of Schedule 27 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.
As from that date the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in the said Part II, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.
The Secretary of State or any appropriate Minister may at any time, whether before or after 16th May 1975, by order make such incidental, consequential, transitional or supplementary provisions as may appear to him— and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or
to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;
An order under this section may in particular make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in that order shall be inconsistent with any provision of this Act.
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Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order or regulations under section 24, or an order under section 215, of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.
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Any such order or regulations as is or are referred to in subsection (1) . . . above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that— are not less favourable than those which he enjoyed immediately before the date of transfer.
so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and
the said new terms and conditions are such that—
so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and
the other terms and conditions of his employment,
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A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to a person if—
at some time before 16th May 1975, or on that date but otherwise than by virtue of provision made by an order under section 216 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and
had he continued until 16th May 1975 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of Part I of this Act, provision would have been made by an order under section 216(2) of this Act for his transfer on that date to the employment of a specified local authority.
Where this section applies to a person, then for the purposes of paragraph 10 of Part II of Schedule 1 to the Trade Union and Labour Relations Act 1974 (qualifying period for protection from unfair dismissal) and section 49 of the Employment Protection (Consolidation) Act 1978 (minimum periods of notice)—
the period of employment in his previous employment shall count as a period of employment in his new employment, and
the change of employment shall not break the continuity of the period of employment.
The Secretary of State, after consulting with such bodies representative of existing local authorities or of staff employed by such local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for Scotland for the purpose of—
considering and keeping under review the arrangements for the recruitment of staff by relevant authorities and for the transfer in consequence of the provisions of this Act or any instrument made under it of staff employed by relevant authorities which cease to exist by virtue of Part I of this Act;
considering such staffing problems arising in consequence of, and such other matters relating to staff employed by any body affected by, any provision of, or of any instrument made under, this Act as may be referred to the commission by the Secretary of State ; and
advising the Secretary of State on the steps necessary to safeguard the interests of such staff.
The Secretary of State shall be deemed to have consulted the bodies mentioned in subsection (1) above for the purposes of that subsection if he has consulted before the passing of this Act bodies representative of existing local authorities or of staff employed by them.
The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission and with respect to the payment by a new local authority of any expenses incurred by the commission in doing anything requested by the authority.
Any expenses incurred by the staff commission under this section and not recovered from a local authority shall be paid by the Secretary of State.
The staff commission for Scotland established under section 218 of the Local Government (Scotland) Act 1973.
In this section " relevant authority " means a local authority within the meaning of the 1947 Act or this Act, a joint committee, joint board, river purification board, water board or a Passenger Transport Executive established under section 9(1) of the Transport Act 1968 or an association of local authorities the constituent members of which include any such local authority as aforesaid.
The Secretary of State shall by regulations provide for the payment by such person as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.
Regulations under this section may— but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.
include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,
make different provision for different classes of persons and for other different circumstances and make or authorise the Secretary of State to make exceptions and conditions,
be framed so as to have effect from a date earlier than the making of the regulations,
Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the Secretary of State shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.
Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 220 of this Act, any person who— may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 219 of this Act shall not, apply to him.
is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and
attains or has attained the age of fifty on or before 15 May 1975, and
fulfils such other conditions as may be prescribed,
Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 219 of this Act shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.
Subject to subsection (4) below, the Secretary of State shall, by regulations, provide for the payment by such person as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—
at the date of his retirement he had attained the normal retiring age; and
the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.
Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.
Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 219 of this Act.
In this section—
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section the Secretary of State may designate such body appearing to him to be representative of local authorities as he considers appropriate (in this section referred to as " the advisory body ") to consider any increase made or proposed to be made by an existing local authority in the remuneration of any of their employees.
For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from new and existing local authorities and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such local authority requiring them to furnish to the advisory body such information as may be specified in the direction relating to the remuneration and other terms and conditions of employment of such employees of the local authority as may be so specified.
If it appears to the advisory body that an existing local authority have fixed or propose to fix for any employee or class of employee of theirs a rate of remuneration which, having regard to any recommended levels of remuneration formulated on a national basis by representatives of local authorities and employees of local authorities, is greater than that which the advisory body considers appropriate for that employee or class of employees, they shall notify the local authority concerned and recommend to them the rate of remuneration which should be paid to the employee or class of employees concerned.
If it appears to the advisory body that an existing local authority to whom they have made a recommendation under subsection (3) above are not complying with that recommendation, then, after giving notice in writing to the local authority concerned of their intention to do so, they may refer the matter to the Secretary of State, and on such a reference the Secretary of State, after consultation with such persons appearing to him to be representative of local authorities and of employees of local authorities as he considers appropriate in relation to the employee or class of employees concerned, may give a direction to that local authority requiring them, with effect from such date as may be specified in the direction (not being earlier than the date on which notice was given to them by the advisory body), to pay such employee or class of employees of theirs as was the subject of the recommendation and as may be so specified remuneration at the rate recommended by the advisory body under subsection (3) above and specified in the direction.
It shall be the duty of any local authority to whom a direction is given under subsection (2) or subsection (4) above to comply with the direction.
If at any time in the period of three months beginning on 16th May 1975 it appears to the advisory body that the remuneration paid at any time before that date to any employee or class of employees of an existing local authority was such that, if that authority had not ceased to exist, the advisory body would have made a recommendation to the authority under subsection (3) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (4) above, they shall notify the Secretary of State and report to him the rate of remuneration which in their opinion should have been paid to the employee or class of employees concerned immediately before 16th May 1975 or such earlier date as may be specified in the report, being the date on which the employee or employees ceased to be employed by the local authority concerned.
On receiving a report under subsection (6) above the Secretary of State may, after such consultation as is specified in subsection (4) above, by order provide that, for the purposes of the provisions of this Act relating to transfer of officers and compensation for loss of office, the employee or class of employees to whom the report relates and who are specified in the order shall be deemed to have been receiving, immediately before 16th May 1975 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order, but no order shall be made under this subsection after the end of October 1975.
Nothing in this section—
shall apply to the remuneration payable to teachers by education authorities, or
shall empower the Secretary of State to give a direction requiring a local authority to pay any employee, or to make an order deeming any employee to have been receiving remuneration at a rate below that to which he was entitled on 1st April 1973.
In this section, " existing local authority" includes a joint committee, joint board, river purification board and a water board.
The Secretary of State shall by order provide that all property vested on 15th May 1975 in one or more existing relevant authorities, other than property which is subject to the provisions of section 128 or 223 of this Act or property mentioned in subsection (2) below, shall on 16th May 1975 be transferred to and vest in such new relevant authority as may be specified in or determined under the order.
The Secretary of State shall by order provide that all property held as part of the common good by an existing local authority on 15th May 1975 shall on 16th May 1975 be transferred to and vest in such islands or district council as may be specified in or determined under the order, and those councils, other than the district councils of Aberdeen, Dundee, Edinburgh and Glasgow, shall, in administering that property, have regard to the interests of the inhabitants of the area to which the common good formerly related.
The district councils of Aberdeen, Dundee, Edinburgh and Glasgow shall, in administering the property transferred to them by virtue of subsection (2) above, have regard to the interests of all the inhabitants of their districts.
An order under this section may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order.
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
All property held on trust immediately before 16th May 1975 by shall on that day be transferred to and vest (subject to the same trust) in the appropriate islands or district council.
an existing local authority, or
a councillor and a specified officer of an existing local authority,
The council in whom property is vested by virtue of subsection (1) above shall nominate a sufficient number of their councillors to act as trustees of that property and in so doing shall have regard to the terms of the trust deed ; and where the property is held immediately before 16th May 1975 by the persons mentioned in subsection (1)(b) above, the council shall nominate the proper officer as one of the trustees.
All property held on trust immediately before 16th May 1975 by a specified officer of an existing local authority shall on that day be transferred to and vest (subject to the same trust) in the proper officer of the appropriate islands or district council.
Where, immediately before 16th May 1975, property is held on trust by the holder of an office, whether as a councillor or a specified officer, connected with an existing local authority or existing local authorities and any other person, the appropriate islands or district council or (where the area to which the trust relates comprises the areas of more than one existing local authority) the appropriate islands or district councils shall, on the application of the trustees, nominate a sufficient number of their councillors to act in place of such holder and in so doing shall have regard to the terms of the trust deed, and, where the terms of the trust deed so require, the said council or councils shall nominate the proper officer as one of the trustees.
In this section " appropriate islands or district council" means, in relation to an existing local authority, the islands or district council whose area comprises the whole or the greater part of the area of the existing local authority, and " appropriate islands or district councils " shall be construed accordingly.
This section shall not apply to property which is subject to section 128 of this Act.
The Secretary of State, after consulting with such bodies representative of existing local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a property commission for Scotland for the purpose of—
assisting existing relevant authorities to identify property to be transferred to new relevant authorities ;
advising the Secretary of State on the general principles on which such property should be transferred;
playing such further part in the process of transfer of such property as may be specified in an order made under section 222 of this Act.
The Secretary of State shall be deemed to have consulted the bodies mentioned in subsection (1) above for the purposes of that subsection if he has consulted those bodies before the passing of this Act.
The Secretary of State may give directions to the property commission as to their procedure and to any existing or new relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission.
Any expenses incurred by the property commission under this section shall be paid by the Secretary of State.
The property commission for Scotland established under section 224 of the Local Government (Scotland) Act 1973.
In this section and in section 222 of this Act—
" property " means any property, heritable or moveable, other than a security or balance in a fund, and all interests, rights and liabilities in or relating to property ;
" relevant authority " means a local authority within the meaning of the 1947 Act or this Act, as the context may require, a joint committee, river purification board or water board or an association of local authorities the constituent members of which include any such local authority as aforesaid.
In the foregoing provisions of this Part of this Act " water board " means a regional water board or a water development board, or both, as the context may require.
Subject to subsections (2) and (8) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall— but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.
notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 16th May 1975 to, but only to, the area, things or persons to which or to whom it applies before that date;
have effect subject to any necessary modifications and to the modifications made by subsection (3) below;
Subsection (1) above shall have effect subject to the provisions of—
this Act, other than Part I of Schedule 27;
any Act passed after this Act and before 16th May 1975; and
any order made under section 215 of this Act or the following provisions of this section.
Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 16th May 1975 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.
Subsection (3) above shall not come into force until 16th May 1975 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.
Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 215 of this Act, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—
extend the provision throughout the new local government area in which it is continued in force;
provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;
make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;
repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;
transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 215 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;
with prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.
Subject to sections 134(2), 135 and 137 of the Civic Government (Scotland) Act 1982 and any order under these sections, All local statutory provisions to which this subsection applies shall cease to have effect at the end of 1984, but—
the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;
the Secretary of State may from time to time by order postpone the date on which all local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.
An instrument containing an order under subsection (5) or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any local statutory provision relating to valuation or the determination, levying, collection or recovery of rates shall cease to have effect: Provided that this subsection shall not affect the operation of section 19(2) of the Water (Scotland) Act 1949 (domestic water rate payable at reduced rate in certain cases).
This section applies to any local statutory provision in force immediately before 16th May 1975 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following statutory provisions— not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.
a provision of a local Act, the Bill for which was promoted by a local authority;
a provision of an Act confirming a provisional order made on the application of a local authority;
a provision of an order made on such an application which was subject to special parliamentary procedure;
In subsection (9) above “local authority” means— and “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.
a council of a county, county of city, burgh or district;
any body which immediately after the coming into force of the enactment which constituted the body exercised functions which immediately before 16th May 1975, were exercised by one of the councils referred to in paragraph (a) above;
Subject to the following provisions of this section, where an existing joint board, every member of which is appointed by a local authority, was constituted by or under any enactment for exercising functions for any area, then, notwithstanding the change of areas and authorities effected by Part I of this Act, the board shall continue to exist on and after 16th May 1975 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).
Subsection (1) above shall not apply to a joint board constituted for an area which on 16th May 1975 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable ; and accordingly in any such case—
the functions of the board shall on 16th May 1975 become functions of that new local authority ; and
the joint board shall cease to exist on that date.
The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 215 of this Act.
The following provisions shall have effect for the construction of references to a local statutory provision to which section 225 of this Act applies:—
any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section ;
any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 16th May 1975 as comprises the area for which the board acted.
The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.
On 16th May 1975 all dean of guild courts shall cease to exist, and unless otherwise provided, all powers, duties and responsibilities conferred on a dean of guild or a dean of guild court by or under any enactment shall thereafter be exercised by the authority responsible for building control in the area concerned.
The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.
Subject to the provisions of section 12 of the Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.
In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.
Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.
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In this section “the appointed day” means the day appointed under section 238 of this Act for the coming into operation of this section.
The Burgh Police (Scotland) Acts 1892 to 1911 shall cease to have effect at the end of 1979, and until that time those Acts shall have effect subject to the amendments set out in Schedule 28 to this Act, to the provisions of this section and of any order made thereunder.
Subject to subsection (3) below, the said Acts of 1892 to 1911 shall continue to apply in those areas and to those things and persons in which, to which and to whom they at present apply.
The Secretary of State may by order provide for the extension of any provision of the said Acts of 1892 to 1911 to such areas, things and persons as he may think fit, and, without prejudice to that generality, any such order may—
extend the provision throughout a new local government area;
provide that the provision shall have effect in such an area to the exclusion of any enactment for corresponding purposes;
make such modifications of any such enactment in its application to such an area as will secure that the enactment will operate harmoniously with the said provision in that area;
repeal or revoke any such enactment or instrument which appears to the Secretary of State to have become spent, obsolete or unnecessary, or to have been substantially superseded by any such provision ;
transfer to any authority appearing to the Secretary of State to be appropriate any function of an existing local authority which is not to become a function of some other authority;
make such modifications of the said provision in its application to a new local government area as appear to the Secretary of State to be expedient.
An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Existing local authorities may establish, or the Secretary of State may require existing local authorities to establish, a committee in each region, islands area or district to consider any matter which it is expedient should be considered before the election of the council of the authority concerned in order to ensure the effective operation of that council on and after 16th May 1975.
A committee established under this section shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.
Any expenses incurred by a committee established under subsection (1) above shall be defrayed by the local authorities by whom the committee was established in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.
Where, from failure to observe any of the provisions of this Act or from any other cause, a difficulty arises in carrying into effect any of the provisions of this Act, or where in any case any question arises as to the procedure to be followed, or where any question arises in connection with the election of members of a local authority and no provision is made in this Act for meeting such difficulty or determining such question, it shall be lawful for the local authority or any seven local government electors for the area of the authority or the proper officer of the authority, or in the case of a question relating to an election of members of a local authority for the returning officer at the election, to make application to the sheriff setting forth the circumstances and after such intimation and inquiry as to the sheriff seems proper, the sheriff may give such directions as in his judgment will enable the provisions of this Act to be complied with as nearly as possible or determine the question as the case may be, and may make such order as seems proper to him with reference to the expenses in connection with the application and the persons by whom such expenses are payable.
Subject to any order made by the sheriff, all expenses incurrred in connection with any application under the preceding subsection shall be defrayed as part of the general expenses of the authority.
Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff other than the sheriff principal, it shall be competent to appeal to the sheriff principal against the decision of the sheriff within fourteen days after the date thereof, but subject thereto the decision of the sheriff principal or sheriff shall, except where otherwise specifically provided, be final.
Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.
Where any application is presented to two or more sheriffs principal under this Act and they are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.
Any power to make orders, rules or regulations conferred on any Minister by any provision of this Act, other than section 104(1), 210(7) 211 or 221 shall be exercisable by statutory instrument.
Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.
An order made by a Minister under this Act may contain such incidental, consequential and supplemental provisions as appear to the Minister by whom the order is made to be necessary or proper for bringing the order into operation and giving full effect thereto.
There shall be defrayed out of moneys provided by Parliament—
any expenses incurred by any Minister under this Act; and
any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.
In this Act, except where the context otherwise requires— “appropriate Minister”, with respect to any matter, means the Minister in charge of any Government Department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose; . . . . . . “education authority”, “educational establishment”, “further education” and “school” have the same meanings as in the Education (Scotland) Act 1980; . . . “electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994; “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act; “existing”, in relation to any authority, means that authority as they existed immediately before the passing of this Act; “financial year” has , except in section 98, the meaning assigned to it by section 96(5) of this Act; “joint board” means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities; “joint committee” means a body, not being a body corporate, constituted for the purpose of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities; “land” includes land covered with water and any interest right or servitude in or over land; “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act; “new”, in relation to any authority, means that authority as established by or under this Act; “1947 Act” means the Local Government (Scotland) Act 1947; “prescribed” means prescribed by regulations made by the Secretary of State; “rating authority” shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994; . . .
“newspaper” includes—
Any reference in this Act to a regional, islands or district council includes a reference to any combination of those councils.
Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.
In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.
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. . . Nothing in sections 70 to 78 of this Act shall affect any provision relating to the acquisition by agreement or compulsorily, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the following enactments or any instrument made thereunder—
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The Military Lands Acts 1892 to 1903;
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The Housing (Scotland) Act 1987;
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The Education (Scotland) Acts 1939 to 1973;
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Any local Act.
Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of her royal prerogative.
The enactments specified in Schedule 29 to this Act (which include enactments that were obsolete, spent or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.
Without prejudice to section 17(2) of the Interpretation Act 1978, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 215, 216, 219 or 225 of this Act references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.
This Act may be cited as the Local Government (Scotland) Act 1973.
This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.
This Act, except sections 92, 146(5) and 213 and paragraph 64 of Schedule 17 and Schedule 26 . . . extends to Scotland only.
Region Area by reference to existing administrative areas Highland The county of Caithness. The county of Nairn. The county of Sutherland. In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven. The county of Inverness (except the districts of Barra, Harris, North Uist, South Uist). In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale. The county of Ross and Cromarty (except the burgh of Stornoway; the district of Lewis). Grampian The county of the city of Aberdeen. The county of Aberdeen. The county of Kincardine. The county of Banff. The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale). Tayside The county of the city of Dundee. The county of Angus. The county of Kinross. The county of Perth (except the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart). Fife The county of Fife. Lothian The county of the city of Edinburgh. The county of East Lothian. The county of Midlothian (except the electoral division of Heriot and Stow). The county of West Lothian (except the burgh of Bo'ness; the district of Bo'ness). Borders The county of Berwick. The county of Peebles. The county of Roxburgh. The county of Selkirk. In the county of Midlothian—the electoral division of Heriot and Stow. Central The county of Clackmannan. In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart The county of Stirling (except the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)). In the county of West Lothian—the burgh of Bo'ness; the district of Bo'ness. Strathclyde The county of the city of Glasgow. The county of Bute. The county of Dunbarton. The county of Lanark. The county of Renfrew. The county of Argyll (except the district of Ardnamurchan; the electoral divisions of Ballachulish and Kinlochleven). The county of Ayr. In the county of Stirling—the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton). Dumfries and Galloway The county of Dumfries. The county of Kirkcudbright. The county of Wigtown.
Region Area covered by reference to existing administrative areas Highland The county of Caithness. The county of Nairn. The County of Sutherland. In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven. The county of Inverness (except the districts of Barra, Harris, North Uist, South Uist). In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale. The county of Ross and Cromarty (except the burgh of Stornoway; the district of Lewis). Grampian The county of the city of Aberdeen. The county of Aberdeen. The county of Kincardine. The county of Banff. The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale). Tayside The county of the city of Dundee. The county of Angus. The county of Kinross. The county of Perth (except the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart). Fife The county of Fife. Lothian The county of the city of Edinburgh. The county of East Lothian. The county of Midlothian (except the electoral divison of Heriot and Stow). The county of West Lothian (except the burgh of Bo’ness; the district of Bo’ness). Borders The county of Berwick. The county of Peebles. The county of Roxburgh. The county of Selkirk. In the county of Midlothian—the electoral division of Heriot and Stow. Central The county of Clackmannan. In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart. The county of Stirling (except the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)). In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness. Strathclyde The county of the city of Glasgow. The county of Bute. The county of Dunbarton. The county of Lanark. The county of Renfrew. The county of Argyll (except the district of Ardnamurchan; the electoral divisions of Ballachulish and Kinlochleven). The county of Ayr. In the county of Stirling—the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton). Dumfries and Galloway The county of Dumfries. The county of Kirkcudbright. The county of Wigtown.
Islands Areas Area by reference to existing administrative areas Orkney The county of Orkney. Shetland The county of Zetland. Western Isles In the county of Inverness—the districts of Barra, Harris, North Uist, South Uist. In the county of Ross and Cromarty—the burgh of Stornoway; the district of Lewis.
Name of Region District Area of district by reference to existing administrative areas Highland Caithness The county of Caithness. In the county of Sutherland—the district of Tongue and Farr. Sutherland The county of Sutherland (except the district of Tongue and Farr). In the county of Ross and Cromarty—the electoral division of Kincardine. Ross and Cromarty In the county of Ross and Cromarty—the burghs of Cromarty, Dingwall, Fortrose, Invergordon, Tain; the districts of Avoch, Dingwall, Fearn, Fortrose, Gairloch, Invergordon, Lochbroom, Lochcarron, Muir of Ord; the electoral division of Edderton and Tain. Skye and Lochalsh In the county of Inverness—the district of Skye. In the county of Ross and Cromarty—the South West district. Lochaber In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven. In the county of Inverness—the burgh of Fort William; the district of Lochaber. Inverness In the county of Inverness—the burgh of Inverness; the districts of Aird, Inverness. Badenoch and Strathspey In the county of Inverness—the burgh of Kingussie; the district of Badenoch. In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale. Nairn The county of Nairn. Grampian Moray The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale). In the county of Banff—the burghs of Aberlour, Buckie, Cullen, Dufftown, Findochty, Keith, Portknockie; the districts of Buckie, Cullen (except the electoral division of Fordyce), Dufftown, Keith. Banff and Buchan In the county of Banff—the burghs of Aberchirder, Banff, Macduff, Portsoy; the districts of Aberchirder, Banff; the electoral division of Fordyce. In the county of Aberdeen—the burghs of Fraserburgh, Peterhead, Rosehearty, Turriff; the districts of Deer, Turriff; the electoral division of Cruden. Gordon In the county of Aberdeen—the burghs of Ellon, Huntly, Inverurie, Kintore, Oldmeldrum; the districts of Aberdeen (except the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood and the parishes of Drumoak, Dyce, Peterculter), Alford, Ellon (except the electoral division of Cruden), Garioch, Huntly. City of Aberdeen The county of the city of Aberdeen. In the county of Aberdeen—the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood; the parishes of Dyce, Peterculter. In the county of Kincardine—the electoral division of Nigg. Kincardine and Deeside In the county of Aberdeen—the burgh of Ballater; the district of Deeside; the parish of Drumoak. In the county of Kincardine—the burghs of Banchory, Inverbervie, Laurencekirk, Stonehaven; the districts of Laurencekirk, St. Cyrus, Stonehaven, Upper Deeside; the electoral divisions of Banchory-Devenick, Maryculter. Tayside Angus In the county of Angus—the burghs of Arbroath, Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the districts of Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the parish of Newtyle. City of Dundee The county of the city of Dundee. In the county of Angus—the burgh of Monifieth; the district of Monifieth (except the electoral division of Newtyle and Kettins). In the county of Perth—the electoral division of Longforgan. Perth and Kinross The county of Kinross. In the county of Angus—the parish of Kettins. In the county of Perth—the burghs of Aberfeldy, Abernethy, Alyth, Auchterarder, Blairgowrie and Rattray, Coupar Angus, Crieff, Perth, Pitlochry; the districts Central (except the parish of Muckhart), Eastern, Highland, Perth (except the electoral division of Longforgan); the electoral division of Ardoch. Fife Kirkcaldy In the county of Fife—the burghs of Buckhaven and Methil, Burntisland, Kinghorn, Kirkcaldy, Leslie, Leven, Markinch; the districts of Glenrothes, Kirkcaldy (except that part of the electoral division of Auchtertool within the Gray Park polling district), Wemyss; the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden. North East Fife In the county of Fife—the burghs of Auchtermuchty, Crail, Cupar, Elie and Earlsferry, Falkland, Kilrenny, Anstruther, Easter and Wester, Ladybank, Newburgh, Newport-on-Tay, Pittenweem, St. Andrews, St. Monance, Tayport; the districts of Cupar, St. Andrews. Dunfermline In the county of Fife—the burghs of Cowdenbeath, Culross, Dunfermline, Inverkeithing, Lochgelly; the districts of Dunfermline, Lochgelly (except the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden); that part of the electoral division of Auchtertool within the Gray Park polling district. Lothian West Lothian In the county of West Lothian—the burghs of Armadale, Bathgate, Linlithgow, Whitburn; the districts of Linlithgow, Torphichen and Bathgate, Uphall, Whitburn and Livingston; the electoral divisions of Abercorn, Winchburgh East and Winchburgh West. In the county of Midlothian—the districts of East Calder, West Calder. City of Edinburgh The county of the city of Edinburgh. In the county of West Lothian—the burgh of Queensferry; the district of Kirkliston and Winchburgh (except the electoral divisions of Abercorn, Winchburgh East and Winchburgh West). In the county of Midlothian—the district of Currie and the parish of Cramond. Midlothian In the county of Midlothian—the burghs of Bonnyrigg and Lasswade, Dalkeith, Loanhead, Penicuik; the districts of Gala Water (except the electoral division of Heriot and Stow), Lasswade, Musselburgh (except the parish of Inveresk), Newbattle, Penicuik. East Lothian The county of East Lothian. In the county of Midlothian—the burgh of Musselburgh; the parish of Inveresk. Central Clackmannan The county of Clackmannan. In the county of Perth—the parish of Muckhart. Stirling In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch). In the county of Stirling—the burghs of Bridge of Allan, Stirling; the districts Central No. 1, Western No. 1, Western No. 2. Falkirk In the county of Stirling—the burghs of Denny and Dunipace, Falkirk, Grangemouth; the districts Eastern No. 1, Eastern No. 2, Eastern No. 3, Central No. 2 (except the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)). In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness. Borders Tweeddale The county of Peebles. Ettrick and Lauderdale The county of Selkirk. In the county of Berwick—the burgh of Lauder; the West district (except the electoral divisions of Gordon, Hume and Nenthorn, Westruther). In the county of Midlothian—the electoral divison of Heriot and Stow. In the county of Roxburgh—the burgh of Melrose; the district of Melrose (except that part of the parish of Roxburgh which lies within this district). Roxburgh In the county of Berwick—the parish of Nenthorn. In the county of Roxburgh—the burghs of Hawick, Jedburgh, Kelso; the districts of Hawick, Jedburgh, Kelso; that part of the parish of Roxburgh within the district of Melrose. Berwickshire In the county of Berwick—the burghs of Coldstream, Duns, Eyemouth; the East district; the Middle district; the electoral divisions of Gordon, Westruther; the parish of Hume. Strathclyde Argyll In the county of Argyll—the burghs of Campbeltown, Dunoon, Inverarray, Lochgilphead, Oban, Tobermory; the districts of Cowal, Islay, Jura and Colonsay, Kintyre, Mid Argyll, Mull, North Lorn (except the electoral divisions of Ballachulish, Kinlochleven), South Lorn, Tiree and Coll. In the county of Bute—the burgh of Rothesay; the district of Bute. Dumbarton In the county of Dunbarton—the burghs of Dumbarton, Cove and Kilcreggan, Helensburgh; the districts of Helensburgh, Vale of Leven; the electoral divisions of Bowling, Dunbarton. City of Glasgow The county of the city of Glasgow. In the county of Lanark—the burgh of Rutherglen; in the Eighth district, the electoral divisions of Bankhead, Cambuslang Central, Cambuslang North, Hallside, Rutherglen, and those parts of Cambuslang South and Carmunnock electoral divisions lying outwith the designated area of East Kilbride New Town; in the Ninth district, the electoral divisions of Baillieston, Garrowhill, Mount Vernon and Carmyle, Springboig. Clydebank In the county of Dunbarton—the burgh of Clydebank; the district of Old Kilpatrick (except the electoral divisions of Bowling, Dunbarton, and that part of the electoral division of Hardgate lying within the parish of New Kilpatrick). Bearsden and Milngavie In the county of Dunbarton—the burghs of Bearsden, Milngavie; that part of the electoral division of Hardgate lying within the parish of New Kilpatrick. Bishopbriggs and Kirkintilloch In the county of Dunbarton—the burgh of Kirkintilloch; those parts of the electoral divisions of Twechar and Waterside lying outwith the designated area of Cumbernauld New Town. In the county of Lanark—the burgh of Bishopbriggs; the electoral divisions of Chryston, Stepps. In the county of Stirling—the Western No. 3 district. Cumbernauld In the county of Dunbarton—the burgh of Cumbernauld; the electoral division of Croy and Dullatur and those parts of the electoral divisions of Twechar and Waterside lying within the designated area of Cumbernauld New Town. In the county of Stirling—the burgh of Kilsyth; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton). Monklands In the county of Lanark—the burghs of Airdrie, Coatbridge; the Ninth district (except the electoral divisions of Baillieston, Chryston, Garrowhill, Mount Vernon and Carmyle, Springboig, Stepps); in the Seventh district, the electoral division of Shottskirk. Motherwell In the county of Lanark—the burgh of Motherwell and Wishaw; the Sixth district (except the electoral divisions of Bothwell and Uddingston South, Uddingston North), the Seventh district (except the electoral division of Shottskirk). Hamilton In the county of Lanark—the burgh of Hamilton; the Fourth district (except the electoral division of Avondale); in the Sixth district, the electoral divisions of Bothwell and Uddingston South, Uddingston North; in the Eighth district, the electoral divisions of Blantyre, Stonefield, and that part of High Blantyre electoral division lying outwith the designated area of East Kilbride New Town. East Kilbride In the county of Lanark—the burgh of East Kilbride; in the Fourth district, the electoral division of Avondale; in the Eighth district, those parts of High Blantyre, Cambuslang South, and Carmunnock electoral divisions lying within the designated area of East Kilbride New Town. Eastwood In the county of Renfrew—the First district. Lanark In the county of Lanark—the burghs of Biggar, Lanark; the First, Second, Third districts. Renfrew In the county of Renfrew—the burghs of Barrhead, Johnstone, Paisley, Renfrew; the Second, Third, Fourth districts. Inverclyde In the county of Renfrew—the burghs of Gourock, Greenock, Port Glasgow; the Fifth district. Cunninghame In the county of Ayr—the burghs of Ardrossan, Irvine, Kilwinning, Largs, Saltcoats, Stevenston; the districts of Irvine, Kilbirnie, West Kilbride; those parts of the designated area of Irvine New Town within the Ayr and Kilmarnock districts. In the county of Bute—the burgh of Millport; the districts of Arran, Cumbrae. Kilmarnock and Loudoun In the county of Ayr—the burghs of Darvel, Galston, Kilmarnock, Newmilns and Greenholm, Stewarton; the district of Kilmarnock (except that part of the designated area of Irvine New Town within this district). Kyle and Carrick In the county of Ayr—the burghs of Ayr, Girvan, Maybole, Prestwick, Troon; the district of Ayr (except that part of the designated area of Irvine New Town within this district), Girvan, Maybole; that part of the parish of Ayr within the district of Dalmellington; the polling district of Coylton. Cumnock and Doon Valley In the county of Ayr—the burgh of Cumnock and Holmhead; the districts of Cumnock, Dalmellington (except that part of the parish of Ayr within this district; the polling district of Coylton). Dumfries and Galloway Merrick The county of Wigtown. In the county of Kirkcudbright—the Western district (except the electoral division of Anwoth and Girthon). Stewartry In the county of Kirkcudbright—the burghs of Castle Douglas, Dalbeattie, Gatehouse of Fleet, Kirkcudbright, New Galloway; the districts of Castle Douglas, Dalbeattie, Glenkens, Kirkcudbright; the electoral division of Anwoth and Girthon. Nithsdale In the county of Dumfries—the burghs of Dumfries, Sanquhar; the districts of Dumfries (except the parishes of Dalton, Lochmaben), Thornhill, Upper Nithsdale. In the county of Kirkcudbright—the Eastern district. Annandale and Eskdale In the county of Dumfries—the burghs of Annan, Langholm, Lockerbie, Lochmaben, Moffat; the districts of Annan, Gretna, Langholm, Lockerbie, Moffat; the parishes of Dalton, Lochmaben.
The boundaries of the new local government areas shall be mered by Ordnance Survey.
Any such boundary defined on the map annexed to any order under Part VI of the Local Government (Scotland) Act 1947 by reference to proposed works shall, until such works are carried out, be mered as if the boundary had not been so defined.
In this Schedule references to existing polling districts shall mean those districts as bounded as at 16th May 1973.
For the purpose of any election of councillors held before the relevant year of election, every region and islands area shall be divided into such electoral divisions, and every district shall be divided into such wards, as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultations as he thinks appropriate. In this paragraph, “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area (being 1978 or any fourth year thereafter in the case of regional or islands councillors, and 1977 or any of the subsequent years stated or referred to in section 4(4) of this Act in the case of district councillors) occurring after the making of any order constituting the new electoral areas of that local government area in consequence of a review under Schedule 5 to this Act. A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.
At the first elections of councillors for the new local authorities, the returning officer shall be an officer of the council appointed by such existing county or town council as the Secretary of State may direct. In relation to any such election, if in any electoral division of a region there is a contested election of a regional councillor, any contested election of a district councillor for a ward within that division shall take place in the polling stations and with the presiding officers and clerks appointed for the election of the regional councillor. Section 7(5) of this Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of that election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 29 of this Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.
The first meeting of each new council shall be held within twenty-one days immediately following the day of election. The first meeting shall be convened by a person designated— and shall be held at such place as the said person may appoint. The notice of the meeting required by paragraph 2(1) of Schedule 7 to this Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.
Until the completion of the election of a chairman at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the chairman of the council, but the person so acting as chairman shall not be entitled to vote unless he is a councillor for the new area. At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting. The standing orders for the regulation of the proceedings and business of an existing authority, designated in the manner indicated in heads (a) and (b) of paragraph 4(2) above, shall apply at the first meeting of a new council.
No election of councillors of an existing local authority shall be held after the end of 1973, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 59(3) of the 1947 Act before the end of 1973; but, notwithstanding the provisions of any local statutory provision, after the last mentioned date any such casual vacancy may be filled in accordance with section 59(1) of that Act by the authority themselves electing a person to fill the vacancy. Any councillor of an existing local authority holding office immediately before the end of 1973 or elected after the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 16th May 1975: Provided that nothing in this sub-paragraph shall operate to continue any councillor in the office of provost, bailie, honorary treasurer, judge of police or dean of guild of a burgh beyond the date at which he would have ceased to hold that office if this Act had not been passed, and any reference in any enactment to the day of an annual election of councillors shall be construed as a reference to the day on which such election would have been held if this Act had not been passed.
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In section 11 (polling districts and polling places), in subsection (2)(b), the words " or, in Scotland, each electoral division " shall cease to have effect, and after subsection (2)(b) there shall be added the following paragraph— In subsection (4) of section 11, in the definition of "interested authority ", for the words " any county, town or district council " there shall be substituted the words "the council of any region, islands area or district ".
In section 22 (polling districts and polling stations at local government elections), after subsection (1) there shall be inserted the following subsection—
In section 40(2) (person responsible for making out corrupt and illegal practices list), the words from " in England" to " in Scotland " shall cease to have effect.
In section 41(2) (deputy registration officers), the words " Except in Scotland " shall cease to have effect, and after the words " Secretary of State " there shall be inserted the words " or in Scotland by the council which appointed the registration officer ". In section 41, after subsection (5) there shall be inserted the following subsection:—
In section 43 (payment of expenses of registration) in subsection (1) the words from " and there shall be paid" onwards, and subsection (8) shall cease to have effect.
In section 52(2) (offences in connection with nomination papers) in paragraph (a) the words "or, in the case of an election of town councillors, to the town clerk " shall cease to have effect, and in paragraph (b) for the words from "proposer" to "therein" there shall be substituted the words " in any other capacity certifies the truth of any statement contained therein, knowing such statement ".
In section 55(6) (meaning of " appropriate officer " in Part II), in paragraph (b) the words " in England and Wales " and paragraph (c) shall cease to have effect.
In section 83(1)(b) (use of schools and rooms for local election meetings) for the words " a district council" there shall be substituted the words " the council of an islands area or district " , and in section 83(4) the word " district" shall cease to have effect.
In section 86(4) (officials not to act for candidates) the words "town clerk or town clerk depute" (where they first occur) shall cease to have effect, and for the words from " county " onwards there shall be substituted the words " sheriff court district for which he is sheriff clerk ".
In section 113(3) (person to whom petition questioning local election is presented), for paragraph (b) there shall be substituted the following paragraph—
In section 117 (constitution of election court, etc.):—
in subsection (1), for the words after " tried " there shall be substituted the following words—;
in subsection (2), for the words " by the court" there shall be substituted the words " (unless imposed or made by the Court of Session in consequence of a case stated under subsection (1) above) ";
for subsection (3) there shall be substituted the following subsection—;
in subsection (4), for the word " sheriffdom " there shall be substituted the words " said sheriffdom or sheriffdoms ".
In section 139(3) (incapacity of candidate guilty of corrupt or illegal practice) for the words " a county, town or district council" there shall be substituted the words " any local authority ".
In section 166 (local elections in Scotland excluded from Parts II and III of Act), for the word " 1947 " there shall be substituted the word " 1973 ".
In section 173 (general application to Scotland):—
in subsection (2), the words from the beginning to " town councillor, and " shall cease to have effect;
subsection (3) shall cease to have effect;
in subsection (8), the definitions of " assessor ", " burgh ", " large burgh " and " small burgh ", and " elected district councillor " shall cease to have effect; in the definition of "electoral area" for the words "burgh, ward or other area " there shall be substituted the words " or ward "; in the definition of " local elections rules" for the words "local elections rules in the Third Schedule to this Act" there shall be substituted the words " rules made under section 7 of the Local Government (Scotland) Act 1973 " ; in the definition of " local government Act" for the word " 1947 " there shall be substituted the word " 1973 " ; and in the definition of " local government area " for the words " county, burgh" there shall be substituted the words " region, islands area ".
In Scotland the place shall be in—
In Schedule 7, in paragraph 6(b) (duty to keep lists of meeting rooms, etc.) for the words from " town clerk " to " burgh or county " there shall be substituted the words " proper officer of the council of every islands area and district to prepare and keep for each constituency wholly situated in the area of the council ".
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In section 13(1) (countermand or abandonment of poll on death of candidate), in paragraph (b), after the date " 1949 " there shall be inserted the words " or, in Scotland, of section 9 of the Local Government (Scotland) Act 1973, ". In section 13(3) (application of Schedules 2 and 3 to the Act of 1949 to documents relating to an abandoned poll), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; section 13(4) shall cease to have effect; and in section 13(5) the words " and rule 18 of those in Schedule 3 " shall cease to have effect.
In section 14 (miscellaneous amendments of elections rules), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; and the words " and the local elections rules " shall cease to have effect.
In Schedule 2 (consequential, etc. amendments of Act of 1949), in paragraph 25, sub-paragraph (1) shall cease to have effect, in sub-paragraph (2) the words "and rule 24 of the local elections rules in Schedule 3 " shall cease to have effect, and in head (b) for the words " each of those rules " there shall be substituted the words " that rule ".
Section 12.
Boundaries Scotland shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members. The members of Boundaries Scotland shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments. The Secretary of State may remove a person from membership of Boundaries Scotland if he is satisfied that that person— The common seal of Boundaries Scotland shall be authenticated by the signature of a member of Boundaries Scotland or of some other person authorised in that behalf by Boundaries Scotland.
There shall be paid to each member of Boundaries Scotland such salary or fees and allowances as may from time to time be determined by the Secretary of State . . .. Boundaries Scotland may pay such pension, allowance or gratuity to or in respect of any member of Boundaries Scotland on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, . . . determine. If a person ceases to be a member of Boundaries Scotland, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, . . . require Boundaries Scotland to pay to that person a sum of such amount as the Secretary of State may . . . determine.
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The Local Government Boundary Commission for Scotland
Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973
The Secretary of State may appoint, to assist and advise Boundaries Scotland in the exercise of its functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to Boundaries Scotland. There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Treasury.
At any meeting of Boundaries Scotland three shall be the quorum.
All acts done at a meeting of Boundaries Scotland shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of Boundaries Scotland, be as valid as if the defect had not existed.
Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of Boundaries Scotland at and in connection with its meetings shall be such as it may from time to time determine.
The Secretary of State may appoint a secretary to Boundaries Scotland and such other officers and servants of Boundaries Scotland as he may . . . determine. Before appointing a person to be secretary to Boundaries Scotland, the Secretary of State shall consult with Boundaries Scotland. The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State . . .. Boundaries Scotland may, with the approval of the Secretary of State . . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined. Boundaries Scotland may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.
The expenses of Boundaries Scotland including— together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by the Scottish Ministers.
the salaries, fees and allowances of its members,
any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,
any payment of compensation to a person who ceases to be a member,
the remuneration and any expenses paid to an assistant commissioner, and
the remuneration and any expenses paid to the officers and servants of Boundaries Scotland, and
any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of Boundaries Scotland,
Every document purporting to be an instrument made or issued by Boundaries Scotland and to be duly sealed with the seal of Boundaries Scotland or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by Boundaries Scotland. Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of Boundaries Scotland to be a true copy of the instrument.
As soon as practicable after 1st April 1996 the Boundary Commission shall—
review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; and
formulate proposals for those arrangements.
The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required—
the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and
the Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications).
Section 28.
This Schedule applies to the consideration by the Secretary of State or Boundaries Scotland of the electoral arrangements for election of councillors of local government areas. Having regard to any change in the number or distribution of electors of a local government area likely to take place within the period of five years immediately following the consideration , the number calculated by dividing the number of local government electors in each electoral ward of that local government area by the number of councillors to be returned in that ward shall be, as nearly as may be, the same. Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to— but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.
The strict application of the rule stated in paragraph 1(2) . . . above may be departed from in any area where special geographical considerations appear to render a departure desirable.
Section 97.
A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election. Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine. Meetings shall be held at such place, either within or without their area, as the council may direct. A special meeting may be called at any time by the convener of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.
Three clear days at least before a meeting of a council— If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent . . . to that address shall be deemed sufficient service of the summons. Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council. Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.
At a meeting of a council the convener, if present, shall preside. If the convener is absent from a meeting of the council, the depute convener shall preside. If the convener and depute convener are absent from a meeting of the council, another member of the council chosen by the members present shall preside.
Subject to sub-paragraph (2) below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present. Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.
Subject to this or any other Act and to any provisions of standing orders relating to the suspension of such ordersor to the procedure for early removal from office of the convener or depute convener, all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council. In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment of a member of the council to any particular office or committee, in which case the decision shall be by lot.
The names of the members present at a meeting of a council shall be recorded.
Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof. Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.
Subject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.
The proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.
Section 97.
The Accounts Commission for Scotland (hereafter in this Schedule referred to as “the Commission”) shall be a body corporate and shall have a common seal.
Each member of the Commission shall, subject to sub-paragraph (4) below, hold and vacate office in accordance with the terms of his appointment. A member of the Commission may at any time resign office as such by notice in writing given to the Secretary of State. A person who has held office as a member of the Commission shall be eligible for reappointment. The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—
The Secretary of State shall appoint one of the members of the Commission to be chairman, and another of the members of the Commission to be deputy chairman, of the Commission. The chairman or deputy chairman of the Commission may at any time resign office as such by notice in writing given to the Secretary of State. If the chairman or deputy chairman of the Commission ceases to be a member of the Commission he shall cease to be chairman or, as the case may be, deputy chairman of the Commission.
At any meeting of the Commission , including any hearing under section 103 of this Act, the quorum shall be four or such larger number as the Commission may determine. In the case of an equality of votes at any meeting of the Commission the person acting as chairman of the meeting shall have a second or casting vote. The proceedings of the Commission shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the Commission. Subject to the foregoing provisions of this paragraph, the Commission shall have power to regulate their own procedure.
There may be paid to any member of the Commission . . . such salary or fees and allowances as may be approved by the Secretary of State; and such salary, fees and allowances shall be paid by Audit Scotland.
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The Commission shall have power generally to do such acts as may appear to them to be necessary or expedient for the proper discharge of their functions . . .
borrow, on the security of any property belonging to them, any money necessary for tide purpose of meeting any expenses incurred by them in or in connection with the discharge of their functions;
acquire such property (whether heritable or moveable) as may, in the opinion of the Commission, be necessary or desirable for the discharge of any of their functions, and dispose as they think fit of any property so acquired.
Section 122.
In section 195, after the words “this Act” there shall be inserted the words “or Part VII of the Local Government (Scotland) Act 1973.”
In section 216—
for the words from “as early” to “July” there shall be substituted the words “by such date as may be prescribed”;
for the words from “as the authorities” to “determine” there shall be substituted the words “as may be prescribed”;
In this section—
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In section 223, the proviso shall cease to have effect.
In section 229—
subsection (2) shall cease to have effect;
in subsection (3), the words "or of the provisions of any local Act" and the words from " and the provisions " to the end shall cease to have effect.
In section 231, the words “and save as otherwise provided in any local Act”, the words “the office of the collector of the authority or at” and the word “other” shall cease to have effect.
In section 232, in subsection (1), in the proviso, paragraph (c) shall cease to have effect.
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In section 237—
subsection (2)(f) shall cease to have effect;
for subsection (3) there shall be substituted the following subsection:—.
In section 238, subsection (4) shall cease to have effect.
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In section 252, the words from “whether such expenses” to “county council” shall cease to have effect.
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for paragraph (d) there shall be substituted the following paragraph:—;
paragraph (e) shall cease to have effect;
in paragraph (g), the words from the beginning to "town council" shall cease to have effect;
after paragraph (g) there shall be inserted the following paragraphs:—.
In section 258, in subsection (2), for the words " in respect of sums requisitioned from that authority by another authority " there shall be substituted the words " to another authority on account of rates ".
In section 258, in subsection (3), for the words " the Minister concerned is" there shall be substituted the words " they are " ; and the words from " and gives" to the end shall cease to have effect.
In section 259—
in subsection (1), paragraph (a) shall cease to have effect and in the proviso, for the words “paragraphs (a) and” there shall be substituted the word “paragraph”;
subsections (2) and (3) shall cease to have effect.
In section 260—
in subsection (1), in paragraph (e), the words “in the case of a county council or town council” shall cease to have effect;
subsection (2) shall cease to have effect.
In section 261—
in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act” shall cease to have effect; for the words “of the council” there shall be substituted the words “of the authority”; the words from “and all money” to “pari passu” shall cease to have effect; for the words “a council” there shall be substituted the words “a local authority”; and for the words “which the council” there shall be substituted the words “which the authority”;
in subsection (3), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”;
in subsection (5), for the words “section seventy-one of, or the Fourth Schedule to, the Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the Housing (Scotland) Act 1966”.
In section 262, in subsection (1), in paragraph (b) of the proviso, for the words “paragraph (d), (e), (f) or (g)” there shall be substituted the words “paragraph (d), (f), (g), (ga) or (gb)” and the words from “in order” to “relates” and the words from “in accordance” onwards shall cease to have effect.
In section 263, in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “or under a local Act” shall cease to have effect; and for the words “the council”, in both places where they occur, there shall be substituted the words “the authority”.
In section 264, subsection (4) shall cease to have effect.
In section 265, in subsection (5), the words “with the sanction of the Secretary of State” shall cease to have effect.
In section 266—
in subsection (1), the words from “and if it appears” to the end shall cease to have effect;
in subsection (3), the words “with the consent of the Secretary of State” shall cease to have effect;
in subsection (4), the words “subject to obtaining the consent of the Secretary of State” and the words “with the like consent” shall cease to have effect.
In section 268, in subsection (2), the words from “Where the treasurer” to the end shall cease to have effect.
In section 269—
in subsections (1) to (3), for the words “county council or a town council” and “county council or town council”, wherever they occur, there shall be substituted the words “local authority”; and for the words “the council”, wherever they occur, there shall be substituted the words “the authority”;
in subsection (1), in the proviso, paragraph (a) shall cease to have effect.
In section 271, in subsection (1), the words from “by a county council” to “section” shall cease to have effect and subsection (2) shall cease to have effect.
In section 272, for the words “county council or town council” there shall be substituted the words “local authority”.
In section 273—
in subsections (1) to (3), for the words “county council or town council” there shall be substituted the words “local authority”;
in subsection (1), for the words “the council” there shall be substituted the words “the authority”.
In section 274, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and the proviso shall cease to have effect.
In section 275—
in subsection (1), for the words from “county council” to “that effect” there shall be substituted the words “local authority shall, as from 16th May 1975,”; and for the words “the council” there shall be substituted the words “the authority”;
in subsection (2), for the word “council” there shall be substituted the word “authority”;
subsection (3) shall cease to have effect;
in subsection (4), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”.
In section 279—
the words “with consent of the Secretary of State” shall cease to have effect;
in the proviso, in paragraph (i), the words from “shall require” to “fund or” shall cease to have effect;
in the proviso, paragraph (ii) shall cease to have effect.
In section 292, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”.
In section 295, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.
In section 379, in subsection (1)—
in the definition of “security”, for the words “a burgh” there shall be substituted the words “an islands area or district”;
in the definition of “statutory borrowing power”, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.
In Schedule 7, in Form (1)—
in Note (1), for the words “a burgh” there shall be substituted the words “an islands area or district”; and the words “of the burgh” shall cease to have effect;
in Note (2), the word “district” shall cease to have effect;
Note (3) shall cease to have effect.
In Schedule 8—
in the title, for the words “COUNTY COUNCIL OR TOWN COUNCIL” there shall be substituted the words “LOCAL AUTHORITY”;
“appointed day” means 16th May 1975
“council”means a regional, islands or district council
in rule 18, in paragraph (4), in the proviso, for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”;
in rule 20, for the words from “and the auditor” to the end there shall be substituted the words “and shall be audited in accordance with Part VII of the Local Government (Scotland) Act 1973”.
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In section 144, subsections (3), (4) and (8) shall cease to have effect in relation to Part V of the Act.
In section 145, in subsection (2)—
the definitions of “large burgh” and “small burgh” shall cease to have effect;
“local authority” means a regional, islands or district council;
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In section 1—
subsections (1) to (4) shall cease to have effect;
in subsection (5), for the words “section eighty-three or ninety-three of the Act of 1947” there shall be substituted the words “section 116(2) of the Local Government (Scotland) Act 1973”; and the words “under this section” shall cease to have effect;
subsection (6) shall cease to have effect;
in subsection (7), the words “appointed under this section” shall cease to have effect.
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In section 9, in subsection (5), for the words from the beginning to " said copies " there shall be substituted the words " Every valuation authority shall, when the valuation roll for any year of revaluation has been made up, cause copies of the said roll " ; and for the words " copies of the roll are received by them " there shall be substituted the words " the roll was so made up ".
In section 11, at the end there shall be inserted the following subsection:—
In section 21, in subsection (1), the words “are situated within the landward area of a county and” shall cease to have effect.
In section 24, in subsection (4), in the definition of “separately rated area”, for the words from “a burgh”, where they first occur, to the end there shall be substituted the words “an islands area or district”.
In section 43, in subsection (1), the definitions of “burgh”, “large burgh” and “rating authority” shall cease to have effect.
In Schedule 4—
in paragraph 10, for the words “rating authority” there shall be substituted the words “local authority”;
in paragraph 11, in sub-paragraph (3), in the proviso, for the words “rating authorities”, in both places where they occur, there shall be substituted the words “local authorities”.
Section 8 shall cease to have effect.
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In section 9—
in subsection (1), for the word “rules” there shall be substituted the word “regulations”; and for the words “this subsection” there shall be substituted the words “section 111 of the Local Government (Scotland) Act 1973”;
in subsection (3), for the words “area which is a burgh or the landward area of a county” there shall be substituted the words “district or islands area”; . . ..
after subsection (3) there shall be inserted the following subsection:—;
in subsection (4), for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) above” and the words “to county councils and town councils” shall cease to have effect;
in subsection (6), for the words “burgh or of the landward area of a county” there shall be substituted the words “district or islands area”; and for the words “burgh or, as the case may be, the landward area”, in both places where they occur, there shall be substituted the words “district or, as the case may be, islands area”;
subsection (7) shall cease to have effect.
In section 19, in subsection (2), the words “the expression “local authority” includes a district council, and” shall cease to have effect.
In section 20, subsection (2) shall cease to have effect.
In section 21—
in subsection (1), for the words “county council” there shall be substituted the words “regional council”; for the words “the county”, where they first occur, there shall be substituted the words “the region”; for the words “the expenditure” there shall be substituted the words “the relevant local expenditure”; and for the words from “relevant” onwards there shall be substituted the words “sum of the relevant local expenditures for that year of the regional council and the councils of each district in the region”,
subsection (2) shall cease to have effect;
for subsection (3) there shall be substituted the following subsection:—
In section 26(2), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.
In section 8, subsections (2) and (5) shall cease to have effect.
In section 9—
in subsection (1), paragraph (b) shall cease to have effect;
subsections (2) and (4) shall cease to have effect.
In section 10, subsection (2) shall cease to have effect.
In section 2—
in subsection (5), for the words “section 5 of this Act)” there shall be substituted the words “the standard scheme prescribed under section 112 of the Local Government (Scotland) Act 1973, including that scheme as varied under section 114 of that Act)”;
in subsection (12), in paragraph (b), the words from “or any corresponding provision” to the end shall cease to have effect.
In section 4, in subsection (5), the words “or any provision for like purposes contained in any local Act” and the words from “or any such provision” to the end shall cease to have effect.
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In section 2, in subsection (2), in paragraph (b), the words “and grants under the Rating Act 1966” shall cease to have effect.
In section 6, in subsection (2), for the words “a county” there shall be substituted the words “the area of any local authority”; and for the words “the county” there shall be substituted the words “that area”.
In this subsection the words “the amount of the rate”, in relation to a regional council, mean the aggregate amount of the regional rate and the district rate
In section 46(1), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.
In Schedule 1, in Part I—
in paragraph 1, for the words “first be apportioned to all counties and those burghs which are counties of cities” there shall be substituted the words “be apportioned to all regions, islands areas and districts”;
paragraph 2 shall cease to have effect;
in paragraph 5, in sub-paragraph (2), the words from “and joint” to “constituent councils” shall cease to have effect; for the words “the local authorities” there shall be substituted the words “such classes of local authority as may be specified in the regulations”; and for the words “each authority” there shall be substituted the words “such authorities as may be so specified”.
In Schedule 1, in Part II—
in paragraph 1, the words from “shall be payable” to “burgh, but” shall cease to have effect;
paragraph 3 shall cease to have effect;
in paragraph 4, in sub-paragraph (1), for the words “county council or town council” there shall be substituted the words “islands or district council”.
for paragraph 5 there shall be substituted the following paragraph:—.
In Schedule 1, in Part III, in paragraphs 2 and 3, for the words “local authority” there shall be substituted the words “rating authority”.
In Schedule 2—
in paragraph 19, in head (a), the words “and, where appropriate, the separately rated areas” shall cease to have effect;
paragraph 22 shall cease to have effect;
in paragraph 27, the definition of “burgh” shall cease to have effect; in the definition of “rating area”, for the words from “of”, where it first occurs, to the end there shall be substituted the words “of an islands council or of a district council”; and the definition of “separately rated area” shall cease to have effect.
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In section 53—
for subsection (5) there shall be substituted the following subsection:—;
for subsection (7) there shall be substituted the following subsection:—
Subject to the provisions of section 124 of this Act and of any other express provision contained in this Act or any Act passed after this Act, an education authority may arrange for the discharge of any of their functions by their education committee, a sub-committee of that committee, . . . . . . . . . , an officer of the authority or by any other education authority in Scotland.
Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by their education committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee, . . . . . . . . . or an officer of the authority.
Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by another education authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—
the foregoing provision shall have effect subject to the terms of any arrangement relating to the functions; and
that other authority shall not, by virtue of this paragraph, arrange for the discharge of those functions by some other education authority.
Any arrangement made by an education authority or education committee under this Schedule for the discharge of any functions by an education committee, sub-committee, . . . . . . , officer or education authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.
An education authority may arrange for the discharge of any of their functions jointly with one or more other education authorities or other local authorities and, where arrangements are in force for them to do so—
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and paragraph 2 above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
No arrangement shall be made by an education authority for the discharge otherwise than by their education committee of any function in regard to the dismissal of teachers.
For the purpose of discharging any functions of an education authority in pursuance of arrangements made under paragraph 5 above an education authority may jointly with one or more other education authorities or other local authorities appoint a joint committee.
For the purpose of discharging any functions of an education authority in pursuance of arrangements made under this Schedule, an education committee or any joint committee appointed under paragraph 7 above may appoint one or more sub-committees.
Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.
A joint committee appointed under paragraph 7 above and a sub-committee appointed under paragraph 8 above may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities, or in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.
At least half of the members appointed to a joint committee appointed under paragraph 7 above shall be members of the appointing authorities.
Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
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In section 6(3) (co-operation with local authorities in social activities, physical education, etc.), for the words " county, town " there shall be substituted the words " regional, islands ".
In section 13 (provision of hostels), the words from "and shall " onwards shall cease to have effect.
In section 18(5) (improvements as to premises, etc.), for the words " county or town" there shall be substituted the words " regional or islands ".
In section 20 (acquisition of land and execution of works), in subsection (1A), paragraph (a) shall cease to have effect, in paragraph (b) for the words " any such use as aforesaid " there shall be substituted the words " use as the site of an educational establishment, or of playing fields to be used in connection with such an establishment, or of an extension to any such establishment or playing fields (whether contiguous to the establishment or playing fields or detached therefrom)", and the words " acquisition or" shall cease to have effect.
Section 23 (co-operation in the performance of functions) shall cease to have effect.
In section 25 (power of education authorities to make payments to persons providing education, etc.), in subsection (1)(c), the words "with the approval of the Secretary of State" shall cease to have effect, and subsection (2) shall cease to have effect.
In section 71 (power to enforce duty, etc.), after the word " Act" there shall be added the words " or of any other enactment relating to education ".
In section 85 (dismissal of teachers), in subsection (2), for the words " a county or town council delegate to their education committee " there shall be substituted the words " an education authority arrange for the exercise by their education committee of " ; and in subsection (4), the words from " and for any sub-committee " to " control of the authority)" shall cease to have effect.
In section 86 (appointment of director of education), in subsection (1), after the words " officer of the authority " there shall be inserted the words " and shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit. "; and the words from " and, on a vacancy " onwards and subsection (2) shall cease to have effect.
Sections 88, 89, 90 and 91 shall cease to have effect.
In section 125 (procedure on re-organisation of educational endowments), in subsection (6), in paragraph (b), for the words " town council of any burgh " there shall be substituted the words " council of any district ", and, in paragraph (d), for the words " burgh or parish " there shall be substituted the word " district ".
In section 145 (general definitions), in paragraph (16), for sub-paragraphs (a), (b) and (c) there shall be substituted the words " a regional or islands council, " ; and the following paragraph shall be inserted at the appropriate place—
Section 130.
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In section 16(5) (provision for failure to carry out duties under overspill agreements or town development schemes), for the words “three hundred and fifty-five of the Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.
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Section 98 (duty of medical officers to furnish particulars of overcrowding) shall cease to have effect.
In section 107 (power to require provision of means of escape from fire), in subsection (2) the words from " who are not" to " another fire authority " shall cease to have effect.
In section 147 (execution of works by local authority in connection with housing operations outside their district), the words "subject to the approval of the Secretary of State" shall cease to have effect.
In section 152 (power of local authority to promote and assist housing associations), at the end there shall be added the following subsection—.
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in subsection (1), after the words "local authority" there shall be inserted the words " or a regional council " and for the words " the authority" there shall be substituted the words " the islands or district council in whose area the accommodation is to be provided ";
in subsection (2), after the words " local authority " there shall be inserted the words " or regional council " and for the words " of their district in relation to housing " there shall be substituted the words " in relation to housing of the islands area or district where the accommodation is to be provided ".
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Section 174 (relaxation of building regulations, etc., in connection with housing operations) shall cease to have effect.
In section 184 (penalty for obstructing execution of Act), the words " the sanitary inspector or " shall cease to have effect.
In section 185(1)(b), the words " the sanitary inspector or " and the words " of such officer or " shall cease to have effect.
In section 193 (power of Secretary of State in event of failure of local authority to exercise power), in subsection (1)(a), in head (i), the word " or " occurring at the end and head (ii) shall cease to have effect.
In section 195 (default powers of Secretary of State in relation to rents)—
in subsections (1), (2) and (4), for the words " 356 of the Local Government (Scotland) Act 1947" and the words " said section 356", wherever they occur, there shall be substituted respectively the words " 211 of the Local Government (Scotland) Act 1973 "and the words " said section 211 " ;
in subsection (7), for the words " 372 of the Local Government (Scotland) Act 1947" there shall be substituted the words " 232 of the Local Government (Scotland) Act 1973 ";
in subsection (8), for the words " 356(1) of the Local Government (Scotland) Act 1947" there shall be substituted the words " 211(1) of the Local Government (Scotland) Act 1973 ".
Section 201 (power to obtain report on area) shall cease to have effect.
In section 208(1) (interpretation), the definitions of "burgh" and " large burgh " shall cease to have effect.
In section 27(1)(a)(ii) (qualifying lenders), for the words “county councils and town” there shall be substituted the words “regional, islands and district”.
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In section 62 (increase of rents of houses belonging to certain authorities without notice of removal)—
in subsection (5), for paragraph (d) there shall be substituted the following paragraph—;
in subsection (6), for the words from " town council" to " combined county" there shall be substituted the words " regional, islands or district council ".
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for the word " 1947" there shall be substituted the word " 1973 ";
for the words from " a burgh " to the end there shall be substituted the words " an islands or district council or any trust under the control of a local authority as defined in the Local Government (Scotland) Act 1973 ".
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In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.), for paragraph (a) there shall be substituted the following paragraph—.
In section 37 (registration areas and rent officers)
for subsection (1) there shall be substituted the following subsection—;
after subsection (1) there shall be inserted the following subsection—
in subsection (2), after the words “local authority” there shall be inserted the words “or local authorities” and the words from “and for the purposes” to the end shall cease to have effect;
after subsection (2) there shall be inserted the following subsection—;
subsection (6) shall cease to have effect.
At the end of section 39 (register of rents) there shall be added the following subsections—.
In section 66(1) (service of notices, etc.) for the reference to section 349 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (1) to (4) and (6) of section 192 of the Local Government .(Scotland) Act 1973.
For section 83 (operation of Part VII) there shall be substituted the following section—
In section 85(1) (contracts) the words from “and which is situated” to the end shall cease to have effect.
At the end of section 89 (register of rents under Part VII contracts) there shall be added the following subsections—
In section 97 (local authorities for Part VII), subsection (1) shall cease to have effect.
In section 133(1) (interpretation)—
“local authority” means an islands council or district council;
“rates” means any charges payable in respect of a rate as defined in the Local Government (Scotland) Act 1947;
In section 3 (interpretation), at the beginning of the definitions there shall be inserted the following—
For section 11 (management and maintenance of highways) there shall be substituted the following section—
In section 41 (list of highways to be made up), for the word "board" there shall be substituted the words " local highway authority ".
In section 42 (highways may cease to be such, and other roads may become highways)—
for the words from the beginning to "recommending the same" there shall be substituted the words " The local highway authority may ";
for the words " county road clerk " there shall be substituted the words " local highway authority ".
For section 45 (provision for footpaths) there shall be substituted the following section—
For section 47 (local authority to have management of roads within burghs) there shall be substituted the following section—
For section 58 (new roads and bridges may be constructed by the board, and assessed for upon proprietors) there shall be substituted the following section—
In section 109 (books of former trustees to be evidence), after the word " whatsoever " there shall be inserted the words " affecting the local highway authority ".
In section 123 (incorporation of parts of General Turnpike Act), for the words from " and in any county " to the end there shall be substituted the words " and, in any region or islands area, shall extend and apply to all the highways made or to be made within such region or area, and, except in so far as inconsistent with the provisions of any general or local Act in force therein, within any former burgh or burghs situated or partly situated within the same ; and in the construction of the aforesaid sections of the said Act, with reference to this Act, the expression ' trustees under any Turnpike Act' or words having the like import, and the expression ' Turnpike Roads' shall mean and apply to the local highway authority and the roads, highways and bridges placed under their management by this Act, as the case may require, in so far as such application shall not be excluded by the context or any of the provisions of this Act. "
In section 124 (recovery and application of penalties), for the words " of the clerk of the trustees, or of the clerk to the burgh local authority " and " the treasurer of the trustees or of the burgh local authority " there shall be substituted the words " the proper officer of the local highway authority ".
In Schedule (C)—
in section LXXXI (penalty on taking away materials provided for repairing turnpike roads), for any reference to turnpike trustees there shall be substituted a reference to local highway authority;
in section LXXXIII (power to use adjoining ground as a temporary road), for any reference to trustees there shall be substituted a reference to local highway authority ;
in section XCI (restriction on the erection of houses on the sides of turnpike road), for any reference to turnpike trustees there shall be substituted a reference to local highway authority and for the word " county " and the words " any one of the turnpike trustees or their clerk " there shall be substituted respectively the words " region or islands area " and the words " the local highway authority " ;
in section XCII (power to water roads), for the words " trustees of any turnpike road " and " said trustees " there shall be substituted the words " local highway authority ";
in section CII (proprietors to fence pits made near the roads), for the words " trustees or procurator fiscal " and the words "any two of the trustees of such road or the procurator fiscal of the shire within which the said pit or cut is situated" there shall be substituted respectively the words " local highway authority and " the local highway authority " ;"
in section CIII (no animal to be pastured on the roads)—
for the words from "any trustee of such road " to " authorised by them " there shall be substituted the words " the local highway authority or their proper officer ";
for the words " surveyor or other person ", wherever they occur, there shall be substituted the words " proper officer ";
in section CV (gates to open inwards)—
for the words "trustees of any turnpike road " there shall be substituted the words " local highway authority ";
for the words " their surveyor " and the words " the surveyor" there shall be substituted the words " the proper officer of the local highway authority ";
in section CVI (weeds to be cut by trustees)—
for the words " trustees of every turnpike road " and " said trustees" there shall be substituted the words " local highway authority ";
for the words " their clerk or surveyor " there shall be substituted the words " the local highway authority ".
Section 16 (transfer of powers of county road trustees) shall cease to have effect.
Section 41 (savings) shall cease to have effect.
The whole Act shall cease to have effect.
In section 4 (agreements for construction of new roads)—
for the words from " road board of a county " to " adjoining county " there shall be substituted the words " local highway authority enter into an agreement with another local highway authority ";
for the words " latter county" and " former county", wherever they occur, there shall be substituted respectively the words " area of the latter authority " and " area of the former authority ".
In section 2 (interpretation) for the words from " Scotland " to " thereof" there shall be substituted the words " Scotland the expression ' local highway authority' means the regional or islands council ".
In section 3 (removal of barbed wire where nuisance to highway)
in subsection (1), for the words "the county or district of a local authority " and " such local" there shall be substituted respectively the words " a region or islands area " and " the local highway " ;
in subsection (2), for the words " local authority " wherever they occur there shall be substituted the words " local highway authority ".
In section 4 (proceedings where local authority is occupier of the land) for the words " local authority " wherever they occur, and " district of the local authority " there shall be substituted respectively the words " local highway authority " and " region or islands area ".
In section 29 (maintenance of public ways) for the words " parish council " wherever they occur and the word " parish " there shall be substituted respectively the words " local highway authority " and " region or islands area ".
For section 10(2) (provision as to construction of new roads by highway authorities) there shall be substituted the following subsection—
In section 16 (application to Scotland)
for the words " county council or a town council " there shall be substituted the words " regional or islands council ";
the words from " References to a county" to " respective powers and duties " shall cease to have effect.
For any reference in the Act to county council or other highway authority there shall be substituted a reference to local highway authority.
In section 6(2) (power to conduct experiments), for the words from " authority or person " to the end there shall be substituted the words " local highway authority ".
In section 7 (joint exercise of powers), the words " between any of them respectively " shall cease to have effect.
Section 8 (expenses) shall cease to have effect.
In section 12 (application to Scotland)—
in paragraph (b), for the words from " county council" to the end there shall be substituted the words " regional or islands council ";
in paragraph (d), for the words from " county ", where it first occurs, to " burgh " there shall be substituted the words " local highway authority in any highway or in any land forming part thereof unless the local highway authority for the area ";
in paragraph (e), for the words from " within a burgh " to the end there shall be substituted the words " within the area of a local authority shall not be served without the consent of such authority, and a building line affecting land within any such area shall not be prescribed by a local highway authority without the consent of the said local authority. "
The whole Act shall cease to have effect.
In section 15 (application to Scotland), in paragraph (a), for the words from " county " to " burgh " there shall be substituted the words " regional or islands council ".
before paragraph (c) there shall be inserted the following paragraph—;
for paragraph (e) there shall be substituted the following paragraphs—;
at the end there shall be added the following paragraphs—
In section 119 (special provisions as to Scotland)—
in subsection (3), for the words “county or town council” there shall be substituted the words “local highway authority” ;
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Section 23 (power of county councils to light roads) shall cease to have effect.
In section 25(3) (application to Scotland), for the words " county or town" there shall be substituted the words " regional or islands ".
In section 3(2) (general provisions as to functions with respect to trunk roads)—
in paragraph (b), the words from " shall not" to " aforesaid " shall cease to have effect;
in paragraph (c), the words "shall not be exercisable by a county council in any borough or urban district and " shall cease to have effect.
In section 5 (delegation of roads functions to local authorities) in subsections (2) and (3), for the word " council ", wherever it occurs, there shall be substituted the words " local highway authority ".
In section 6 (miscellaneous provisions as to functions in connection with trunk roads), for any reference to a county council, council, or council of any county or large burgh there shall be substituted a reference to a local highway authority.
In section 7(5) (transfer of property and liabilities), for the word " council" there shall be substituted the words " local highway authority ".
In section 12 (application to Scotland)—
in subsection (2)(a), for the words " large burgh as defined in the Local Government (Scotland) Act 1929 " there shall be substituted the words " local highway authority " and in the proviso, the words " subsection (2) of section 3 and " shall cease to have effect and for the word " burgh " there shall be substituted the words " regional or district council ";
in subsection (2)(b), for the words from " the maintenance " to " 1929 " there shall be substituted the words " which the local highway authority ";
in subsection (2)(c), for the words " county or town council " there shall be substituted the words " local highway authority ";
in subsection (5), for the words " town council" there shall be substituted the words " local authority ";
in subsection (8), for any reference to a local authority there shall be substituted a reference to a local highway authority ;
in subsection (9), for the words "council of the county or large burgh " there shall be substituted the words " regional council for the area " and the proviso shall cease to have effect;
in subsection (10), for the substituted subsection (1) there shall be substituted the following subsection—;
for subsection (12) there shall be substituted the following subsection—
In section 13(1) (interpretation), in the definition of "former highway authority", for the word " council", wherever it occurs, there shall be substituted the words " local highway authority ".
In section 14 (application to Scotland)—
in subsection (3) for the words " large burgh " there shall be substituted the words " region or islands area ";
for subsection (4) there shall be substituted the following subsection—;
in subsection (6) for the words from " county borough " to the end of the subsection there shall be substituted the words " every county " to the end of the paragraph there were substituted the words " every region, islands area or district in which any road to which the order applies is situated. ".
In section 7(1) (interpretation), in the definition of “local authority” for the words from “county” to the end there shall be substituted the words “regional, islands or district council”.
In section 3 (supplementary orders relating to special roads), in subsections (1)(e) and (4)(c), for the words " local authority", wherever they occur, there shall be substituted the words " regional council ".
In section 21(1) (interpretation)—
the definition of " large burgh " shall cease to have effect;
for the definition of " local authority " there shall be substituted the following definition—.
In Schedule 1 (provisions as to schemes and orders)—
in paragraphs 2(a) and 8(b), for the words " county, burgh " there shall be substituted the words " region, islands area ";
in paragraph 5 for the words " (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947" there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".
In section 1(8)(b) (provision of cattle grids and by-passes), for sub-paragraphs (i), (ii) and (iii) there shall be substituted the words " shall be the regional or islands council for the area in which the road lies ".
Section 16(4) (financial provisions) shall cease to have effect.
In section 17(1) (interpretation), in the definition of " highway authority " for the words from " council of a county " to the end there shall be substituted the words " regional or islands council ".
In paragraph 3(8) of the Schedule (procedure for determination by appropriate authority of certain questions), for the words " subsections (2) to (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947" there shall be substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ".
in subsection (2)—
for the definition of " appropriate local authority " there shall be substituted the following definition—;
for the words "not vested in a local authority" there shall be substituted the words " not vested in a regional or islands council ";
for the words " town council" and " district council" there shall be substituted the words " regional or islands council ";
at the end there shall be added the words " for any reference to a county council there shall be substituted a reference to a regional or islands council. ";
in subsection (3), for the words " county or town council" there shall be substituted the words " regional or islands council ";
in subsection (14), for the words " local authority " there shall be substituted the words " regional or islands council ".
In section 257(1) (general interpretation provisions), in the definition of " highway authority" for the words from " county council " to " therein " there shall be substituted the words " regional or islands council ".
Section 28(5) (road grants and classifications) shall cease to have effect.
in subsection (1), for the words " lighting authority " there shall be substituted the words " regional or islands council ";
subsections (3) and (4) shall cease to have effect.
Section 31 (delegation of lighting functions of highway authority) shall cease to have effect.
In section 33 (special provisions as to footway lighting systems)—
subsection (2) shall cease to have effect;
for subsection (3) there shall be substituted the following subsection—
In section 5(1) (certain councils may make orders under sections 1 and 28 for purpose of general scheme of traffic control), for the words " county council or town council" there shall be substituted the words " local highway authority ".
In section 15(8)(b) (regulation of use of highways by public service vehicles), for the words from "in a burgh" to the end there shall be substituted the words " a regional or islands council ".
In section 20(8) (removal of vehicles illegally, obstructively or dangerously parked, abandoned or broken down) as set out in Schedule 1 to the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967, in the definition of "local authority", for the words "county council or town council of a burgh" there shall be substituted the words " local highway authority ".
in subsection (1), for the words "their district" there shall be substituted the words " the whole or part of their area ";
subsections (2) and (7) shall cease to have effect;
in subsection (6), in paragraph (b), for the words from "council of a county" to the end of the paragraph there shall be substituted the words " local highway authority " , and the words from " and in relation to " to the end of the subsection shall cease to have effect.
In section 26(9) (power of local authorities to prohibit traffic on roads to be used as playgrounds), for the words from " as regards roads" to the end there shall be substituted the words " by the local highway authority ".
In section 28 (power of local authorities to provide parking places), in subsection (6)(a), for the words " county council or town council" there shall be substituted the words " local highway authority ".
In section 35 (provision on highways of parking places where charge is made), in subsection (4), for the words "county council or town council" there shall be substituted the words " local highway authority ".
In section 69 (bollards and other obstructions on roads outside Greater London)—
in subsections (1) and (3), for the words " authority who made the order" there shall be substituted the words " local highway authority ";
in subsection (3), the words from " but, where " to the end shall cease to have effect.
In section 76 (provisions supplementary to sections 71 to 75)—
in subsection (2)(b), for the words from " county " to the end there shall be substituted the words " local highway authority ";
subsection (3) shall cease to have effect.
In section 104(1) (general interpretation provisions), in the definition of " highway authority", for the words " county council or the town council of a burgh " there shall be substituted the words " regional or islands council ".
Section 105 (effect of certain references to Scottish local authorities) shall cease to have effect
In section 124(4) (Board’s obligations at level crossings with roads other than public carriage roads), for the words “county council and a town” there shall be substituted the words “regional or islands”.
In section 4(1)(d) (power of local authority to contribute to street works), the words " in special scavenging districts " shall cease to have effect.
In section 28(3) (use of appliances, etc., on footways and footpaths), the definition of " local authority " shall cease to have effect.
In section 50(1) (interpretation)—
in the definition of " highway authority ", for the words from " county " to " therein " there shall be substituted the words " regional or islands council ";
in the definition of " local authority ", for the words " town council or a county " there shall be substituted the words " regional or islands ";
in the definition of " local highway authority ", for the words "highway authority other than the Secretary of State" there shall be substituted the words " regional or islands council ".
In section 21(8) (badges for display on motor vehicles used by disabled persons), for the words “county or large burgh” there shall be substituted the words “region or islands area”.
In section 35(5)(b) (control of use of footpaths and bridleways for motor vehicle trials), for the words “county council or town” there shall be substituted the words “regional or islands”.
In section 38(5)(b) (powers of Secretary of State and local authorities as to giving road safety information and training), for the words “county council or town” there shall be substituted the words “regional or islands”.
In section 43 (test of satisfactory condition of vehicles other than goods vehicles to which section 45 applies), in subsection (3), for the word “county” there shall be substituted the words “regional or islands area” and the words “or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947)” shall cease to have effect.
Section 197 (effect of certain references to Scottish local authorities) shall cease to have effect.
In section 242(1) (contributions by local authorities), for the words “local authorities” and “local authority”, where that expression first occurs, there shall be substituted respectively the words “regional or islands councils” and “regional or islands council”, and for the words “district of the local authority” there shall be substituted the words “region or islands area”.
Section 134.
For any reference to a buildings authority there shall be substituted a reference to a local authority.
Section 1 (constitution of buildings authorities) shall cease to have effect.
In section 2 (general provisions relating to buildings authorities)—
subsections (1) to (3) shall cease to have effect;
for subsection (4) there shall be substituted the following subsection—.
In section 4 (relaxation of building standards regulations), in the proviso to subsection (2) for the words from “shall” to the end there shall be substituted the words “may except applications of any description”.
In section 6 (application of building standards regulations and building operations regulations to construction or demolition, and to change of use, of buildings) subsection (8)(a) and, in subsection(9), the words “or (b) by a local authority to demolish any building” shall cease to have effect.
Section 7 (minor works) shall cease to have effect.
In section 8 (occupation of parts of roads for deposit of materials etc.) subsection (3) shall cease to have effect.
In section 9 (certificates of completion) subsections (7) and (8) shall cease to have effect.
In section 10 (powers in relation to buildings constructed without warrant or in contravention of conditions of warrant, and buildings whose life has expired)—
for any reference to a master of works there shall be substituted a reference to a local authority;
in subsection (2), for the words “buildings authority may authorise the local authority to” there shall be substituted the words “local authority may” and the words “and the local authority shall thereupon be entitled to act accordingly” shall cease to have effect.
In section 13 (action to be taken in respect of buildings found to be dangerous)—
in subsection (1) for any reference to a master of works there shall be substituted a reference to a local authority;
in subsection (2) for the words after “that paragraph” there shall be substituted the words “the local authority, after giving the owner and any other person appearing to them to have an interest an opportunity to be heard, may make an order requiring the owner to execute the said operation within such period as shall be stated in the order.”;
for subsection (4) there shall be substituted the following subsection—;
in subsection (5) for the words from “or a” to “his functions” there shall be substituted the words “in executing their functions”.
In section 14 (power of local authorities to sell materials from demolished buildings) for the words from “master of works” to “authority may” there shall be substituted the words “local authority acting under section 13(1)(b) or (4) of this Act, they may”.
In section 18 (inspection and tests)—
in subsection (1)—
for the words between “this section” and “on exhibiting” there shall be substituted the words “any person authorised in writing by a local authority”,
in paragraphs (c) and (d) for the words “master of works” there shall be substituted the words “local authority”,
for paragraph (e) there shall be substituted the following paragraphs—;
subsection (2) shall cease to have effect;
in subsection (3) for the words “thereof, or by virtue of subsection (2) of this section” there shall be substituted the words “(e) or (f) thereof”;
in subsection (4) the words “the buildings authority or” where they first occur and the words “or (2)” shall cease to have effect, and for the words “buildings authority or local authority as the case may be” there shall be substituted the words “local authority”;
in subsection (7) the words “or subsection (2)” shall cease to have effect;
Provided that the local authority, on application made to them, may if they think fit meet the expense of carrying out any such test as aforesaid or any part of that expense.
Section 20(2) (fees chargeable by buildings authorities) shall cease to have effect.
Section 21 (provisions as to master of works) shall to have effect.
In section 23 (inquiries) for subsection (2) there shall be substituted the following subsection—
In section 25 (service of notices etc.)—
in subsection (1) for the words “three hundred and forty nine of the Local Government (Scotland) Act 1947” there shall be substituted the words “192 of the Local Government (Scotland) Act 1973”;
in subsections (2) and (3) the words “a buildings authority or” shall cease to have effect.
Section 27 and Schedule 8 (transitional provisions) shall cease to have effect.
In section 29 (interpretation)—
“local authority” means the council of an islands area or district, except that in the case of a district situated within the Highland, Borders or Dumfries and Galloway region it means the council of that region;
in subsection (4) for the words “a county council or a town council” there shall be substituted the words “or a local highway authority” ;
subsections (6) and (7) shall cease to have effect;
in subsection (8) the words “two or more buildings authorities or” and the words “such one of those buildings authorities or, as the case may be” shall cease to have effect;
subsection (9) shall cease to have effect.
In section 30(1) (local Act provisions), the proviso shall cease to have effect.
Schedule 1 (enactments relating to dean of guild court functions unaffected by the Act of 1959) shall cease to have effect.
Schedule 2 (provisions relating to buildings authorities which are not dean of guild courts) shall cease to have effect.
In Schedule 6 (recovery of expenses by charging order) in paragraph 1 the words “or a master of works” shall cease to have effect.
In Schedule 7 (evacuation of dangerous buildings)—
for the second reference to the master of works in paragraph 2 and for the reference to the master of works in paragraph 3 there shall be substituted a reference to the proper officer of the local authority;
for any other reference to a master of works there shall be substituted a reference to a local authority.
In Schedule 9 (minor and consequential amendments) paragraphs 2 and 3 shall cease to have effect.
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in subsection (1) for the words "buildings authority (within the meaning of the Building (Scotland) Act 1959)" and " buildings authority " there shall be substituted the words " local authority ";
at the end there shall be added the following subsection—
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In the Thermal Insulation (Industrial Buildings) Act 1957—
in section 12(2) (application to Scotland) for the words from “in a burgh” to the end there shall be substituted the words “the local authority within the meaning of the Building (Scotland) Act 1959”;
in sections 2 and 3(1) (as set out in their application to Scotland in sub-paragraphs (1) and (2) respectively of paragraph 6 of Schedule 9 to the Building (Scotland) Act 1959), for the words “buildings authority” there shall be substituted the words “local authority”;
in section 4(3) (as set out in its application to Scotland in subsection (5) of section 12 and as amended by subparagraph (3) of paragraph 6 of the said Schedule 9), for the reference to the dean of guild court and a buildings authority there shall be substituted a reference to the local authority and the words “or, as the case may be, the plans of the building were approved by the local authority” shall cease to have effect;
in section 8(1) (as set out in its application to Scotland in subsection (8) of section 12), for the words from “sections three hundred” to “1947” there shall be substituted the words “sections 192 and 193 of, and paragraph 7 of Schedule 7 to, the Local Government (Scotland) Act 1973”.
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in subsection (1)(ii), for the word " buildings " there shall be substituted the word " local " , and the words " section 1 of" shall cease to have effect;
in subsection (2), the words " or buildings authority " shall cease to have effect.
Section 135.
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In section 18(3) (provision of information), for the words from “fees” to the end there shall be substituted the words “reasonable fees as may be determined by the river purification authority”.
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Section 148.
Notwithstanding any other provision of this Act or any order made thereunder, any reference in any enactment, order, scheme, regulations, awards or byelaws passed or made before the coming into force of this Act— If there is any doubt as to the identity of the water authority referred to in sub-paragraph (1)(b) above, that authority shall be taken to be such authority as may be specified in a direction given by the Secretary of State.
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In section 12 (compensation for damage resulting from exercise of powers)—
in subsection (1), for the words " local authority " and " the authority " there shall be substituted respectively the words " district council " and " them " ;
in subsection (3), the words " against an authority " and " to the authority " shall cease to have effect.
In section 23 (power of local authority to give guarantee for supply of water), for the words " local authority " and the word " district" there shall be substituted respectively the words " water authority within the meaning of section 148 of the Local Government (Scotland) Act 1973 " and the words " limits of supply ".
In section 29 (power of local authority to provide public wells, fountains, etc.)—
in subsection (1), for the words " local authority " there shall be substituted the words " district council " and after the word " region" there shall be inserted the words " or area ";
in subsection (2), for the words " A local authority " there shall be substituted the words " An islands or district council ", after the word " their " there shall be inserted the words " area or " and, in the proviso, for the words " the authority " there shall be substituted the words " the council ".
In section 30 (power to close or restrict use of water from public wells, etc.), for the words " local authority " there shall be substituted the words " district council ", and after the word " region " there shall be inserted the words " or area ".
In section 31 (power to close or restrict use of water from polluted source of supply), for any reference to a local authority there shall be substituted a reference to an islands or district council and after the word " their " there shall be inserted the words " area or ".
In section 54 (provision of supply of water to other houses), fpr any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 55 (power of local authority to grant or make charging order for expenses of executing works), for any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 56 (recovery of expenses from owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 57 (limitation of liability of certain owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 58 (agreements as to drainage, etc., of land),—
in subsection (1), at the beginning there shall be inserted;
in subsection (3), for the words " local authority" and " that authority " there shall be substituted respectively the words " regional or islands council " and " that council ".
In section 61 (byelaws for preventing pollution of water), for any reference to the local authority of the district or the local authority of the district or county there shall be substituted a reference to the regional, islands or district council.
In section 78 (notices, etc., to be in writing), for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.
In section 84(1) (interpretation), after the definition of " supply pipe " there shall be inserted the following definition—.
In Schedule 1 (procedure for making orders and making and confirming byelaws)—
in paragraph 2(i), for the words " local authority of every district " there shall be substituted the words " water authority, regional council, district council and water development board for every area " and in paragraph 2(ii), at the end there shall be added the words " and in the case of an order under section 21(2), where the river purification authority within whose area the stream affected is situated are not the same authority as the applicants, on that authority ";
in paragraph 11(i), for the words "local authority of every district" there shall be substituted the words " water authority, regional council, district council and water development board for every area ";
in paragraph 11(ii), after the word "transferred " there shall be inserted the words " where the river purification authority are not the same authority as the water authority ";
in paragraph 19, for the words "local authority of any district" there shall be substituted the words " water authority, regional council, district council and water development board for any area " and after the word " acquired " there shall be inserted the words " and where the river purification authority within whose area the stream affected is situated are not the same authority as the water authority, to that authority ".
In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 5(1) and (2) and paragraph 24(2) for the words "local authority", wherever they occur, there shall be substituted the words " regional, islands or district council "and the word " authority" or " authorities" shall be construed accordingly.
In section 1 (levy of rates in respect of expenditure on water supply)—
for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;
for any reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate.
In section 2 (provisions as to liability for domestic water rate), for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area, and subsection (2)(b) shall cease to have effect.
In section 4 (levy of domestic water rate on business and commercial premises), in the proviso to subsection (1), for the words " the fifteenth day of July in any year " there shall be substituted the words " such date in any year as may be prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973 ".
In section 8(1) (contributions by county council in aid of domestic water rate)—
for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;
for the reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate ;
for the words from " the amount requisitioned " to the end there shall be substituted the words " one-third of the said expenditure. ".
Section 14 (adoption in counties of the House Letting and Rating (Scotland) Act 1911) shall cease to have effect.
In section 19 (domestic water rate not payable or payable at reduced rate in certain cases), in the proviso to subsection (2), for the references to the district of the local authority there shall be substituted references to the region or islands area.
In section 20(1) (provisions as to levying of, and exemption from, rates), after the word " requisitions)" there shall be inserted the words " and Part VII of the Local Government (Scotland) Act 1973 ".
In section 23(1) (compulsory acquisition of land for construction of waterworks), after the word " authorise ", there shall be inserted the words " an authority or ".
In section 28 (termination of right to supply of water on special terms), in subsections (4) and (6), for any reference to a local authority there shall be substituted a reference to a district council.
In paragraph 1(1) of Schedule 1 (procedure for making orders), in the table, for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.
Section 1 (establishment of regional water boards) shall cease to have effect.
Section 2 (transfer to regional water boards of functions of local water authorities) shall cease to have effect.
In section 3 (Central Scotland Water Development Board), for subsection (2) there shall be substituted the following subsection—.
In section 4(2) (transfer to Central Board of functions of certain joint water boards, and other functions of the Board), for the words " of the regional" to the end there shall be substituted the words " water authorities whose limits of supply are comprised in the area of the Board. ".
In section 5 (establishment of new regional water boards and water development boards, and alteration of regions and areas), subsection (1)(a), in subsection (1)(c) the words " any region, or " and subsection (3) so far as relating to new regional water boards, shall cease to have effect and after subsection (1)(c) there shall be inserted the following paragraph—.
In section 6 (maps of regions), in subsection (1), for the words from the beginning to " their region " there shall be substituted the words " The Secretary of State shall, as soon as practicable after the coming into force of the Local Government (Scotland) Act 1973, send to any water authority whose limits of supply include an area specified in column 1 of the table set out at the end of section 148(3) of that Act, and to any water authority whose limits of supply would include such an area but for the said subsection (3), a map of that area ".
Section 8 (constitution of regional water boards) shall cease to have effect.
In section 10 (accounts and audit)—
subsections (1), (2), (4) and (5) shall cease to have effect;
in subsection (3), for the words " such board " there shall be substituted the words " water development board ".
For section 11 (estimates and requisitions) there shall be substituted the following section—.
In section 12 (calculation of amount to be requisitioned by regional water boards)—
for any reference to a district there shall be substituted a reference to a region ;
in subsection (1), for the words from "11(2)" to "that account" there shall be substituted the words " 11(1) of this Act, the aggregate amount referred to in that subsection for any financial year shall be the sum by which the estimated expenditure of the water authority in the exercise of any of their functions under any enactment in relation to water supply and chargeable to the revenue account of their general fund exceeds the estimated income pertaining thereto, but excluding from such expenditure any amount payable by way of requisition to another water authority and from such income any amount receivable by way of rates or requisition ";
in subsections (2) and (3), for the words "that authority bears " and " all such authorities " there shall be substituted respectively the words " the contributing authority bears " and "the authority making the requisition and of all such contributing authorities " ;
in subsection (2)(b), for head (i) there shall be substituted the following—.
In section 13 (calculation of amount to be requisitioned by water development boards), for the words from " and for the purposes " to the end there shall be substituted the words " and such aggregate amount shall be the sum by which the estimated expenditure of the water development board chargeable to the revenue account of their general fund exceeds the estimated income of that account, and there shall be added to or, as the case may be, deducted from that sum any sum required to be brought forward either as a debit or as a credit from a previous financial year ".
In section 17 (borrowing powers), for the word " county" there shall be substituted the word " regional " , and section 17 shall cease to have effect so far as it relates to regional water boards.
Part III (transfer of undertakings of local water authorities) shall cease to have effect
For section 26 (provision of services for the boards) there shall be substituted the following section—.
Section 28 (agreements not to be entered into between first and second appointed days by the local water authority without the consent of the regional water board or of the waiter development board) shall cease to have effect.
Section 29 (power of regional water boards and water development boards to promote or oppose private legislation) so far as relating to regional water boards, shall cease to have effect.
In section 32 (repeal, amendment and adaptation of local enactments)—
for subsection (1) there shall be substituted the following subsection—;
at the end there shall be added the following subsection—.
In section 33 (regulations and orders), in subsection (4), the words " all local authorities whose districts are affected by the order and ", and paragraph (a) shall cease to have effect, for the words " so affected " there shall be substituted the words " affected by the order " and at the end of paragraph (b) there shall be added the words or.
In section 34(1) (interpretation)—
the following shall cease to have effect—
the definition of " constituent council " ;
in the definition of " first appointed day", the words " 1(4)(a) or " ;
the definition of " local authority " ; '
the definitions of " region " and " regional water board ";
in the definition of " second appointed day ", the words " 1(4)(b) or " ;
in the definition of " contributing authority ", for the word " 11(6) " there shall be substituted the word " 11(4) ".
Part I of Schedule 1 (regional water boards) shall cease to have effect.
For Part II of Schedule 1 there shall be substituted the following Part—.
In Schedule 3 (procedure for making an order under section 5), in paragraph 2, for the reference to a local authority there shall be substituted a reference to a water authority.
Schedule 4 (provisions as to regional water boards and water development boards) so far as relating to regional water boards shall cease to have effect, and so far as relating to water development boards shall have effect subject to the following paragraphs of this Schedule.
Provided that the members of the Central Scotland Water Development Board who are in office immediately before 15th May 1975 shall vacate office on that day, and that board shall be reconstituted on 16th May 1975 and 1st July 1978 and thereafter quadrennially.
In paragraph 3, for the word " clerk " there shall be substituted the words " proper officer ".
In paragraph 5, in sub-paragraph (1), for the words "under this paragraph of a new member" there shall be substituted the words " of a new member by the constituent water authority by whom the vacating member was appointed. " and sub-paragraphs (2) and (3) shall cease to have effect.
In paragraph 10, the word " triennial" shall cease to have effect and for the word " clerk " there shall be substituted the words " proper officer ".
In paragraph 16, for the words " section 73 of the Local Government (Scotland) Act 1947" there shall be substituted the words " sections 38 to 42 of the Local Government (Scotland) Act 1973 ".
In paragraph 18, for the words " section 342 of the Local Government (Scotland) Act 1947" there shall be substituted the words " section 194 of the Local Government (Scotland) Act 1973 " and the word " county ", wherever it occurs, shall cease to have effect.
Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
For paragraphs 20 to 23 there shall be substituted the following paragraph—.
In paragraph 24, for the words from " section 97 " to " 1947 " there shall be substituted the words " sections 66 (security to be taken in relation to officers), 67 (members of local authorities not to be appointed as officers) and 68 (disclosure by officers of interest in contracts) of the Local Government (Scotland) Act 1973 ".
Paragraph 25 shall cease to have effect.
For paragraph 28 there shall be substituted the following paragraph—.
At the end of paragraph 29 there shall be added the words " and ' proper officer', in relation to any purpose and any board, means an officer appointed for that purpose by that board ".
In the Water Act 1973 any reference to a regional water board shall be construed as a reference to water authority.
Section 150.
In section 9 (Passenger Transport Areas, Authorities and Executives), the following amendments shall be made—
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in subsection (2), for the words from " every such " to " so designated" there shall be substituted the words " the regional council within whose region the area designated by the order is situated and with each of the district councils in that region " and sub-paragraph (i) shall be omitted ;
in subsection (3), for the words " constituent areas " there shall be substituted the words " regions or districts whose area falls wholly or partly within the designated area ";
in subsection (4), for the words " Parts I and " there shall be substituted the word " Part ";
in subsection (5), for the words “constituent areas” there shall be substituted the words “each of the districts comprised in the region in which the designated area is situated”;
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In section 10 (powers of Executive), the following amendments shall be made—
in subsection (1)(xvi), the words “and the consent of the Minister” shall cease to have effect;
for the word “county”, in both places where it occurs, there shall be substituted the word “region”.
In section 11 (financial duty of Passenger Transport Executives) in subsection (1), for the words “section 13(3)” there shall be substituted the words “section 13(2)” and after subsection (3) there shall be inserted the following subsection:—
Section 11(4) shall cease to have effect.
For section 13 there shall be substituted the following section—.
In section 14 (accounts of Executive), the following amendments shall be made—
in subsection (1)(b), for the word “Minister” there shall be substituted the word “Authority”;
in subsection (3), after the word “Minister” there shall be inserted the word “and” and the words “and to each of the councils of constituent areas” shall be omitted.
In section 15 (further functions of Authority), the following amendments shall be made—
in subsection (1), for paragraphs (b) and (c) there shall be substituted the following paragraphs:—.
in subsection (2), for the words from “to be raised” to “of this Act” there shall be substituted the words “of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act”.
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After section 15 there shall be inserted the following section:—.
In section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words “as the Minister may direct” there shall be substituted the words “as the Authority consider appropriate” and in the said section 16, in subsection (2), the words from “and (d)” onwards, and subsections (3), (4) and (5) shall cease to have effect.
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in subsection (1), the words "to the Minister and" shall cease to have effect;
in subsection (2), the words " to the Minister and " shall cease to have effect.
In section 21 (functions of traffic commissioners in designated areas), subsection (5)(a) shall cease to have effect.
In section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word “Minister” there shall be inserted the words “or an Authority for a designated area”.
In section 26(1)(b) (powers of Scottish Group), for the words from “counties” onwards there shall be substituted the words “Highland region, the islands areas of Orkney, Shetland and the Western Isles, the Argyll district and in the Cunninghame district the former burgh of Millport and the former districts of Arran and Cumbrae.”.
For section 34 there shall be substituted the following section—.
In section 35(1)(b)(iv), for the words “county or town” there shall be substituted the words “regional, islands or district”.
In section 56(6)(d), for the words “county, town or district” there shall be substituted the words “regional or islands”.
Section 58 shall be omitted.
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For section 115(3) there shall be substituted the following subsection—.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Part II of that Schedule, in paragraph 1, for the words “establishment of that Authority” there shall be substituted the words “area has been designated”, and in paragraph 2, for the words “any of the councils of constituent areas”, in each place where they occur, there shall be substituted the words “the regional council for the designated area”. In Part III of that Schedule, in paragraph 1, for the words “dates on which the Authority and Executive respectively are”, there shall be substituted the words “date on which the Executive is”; and there shall be omitted from the remainder of that Part of that Schedule—
In section 26(2), for the words from “to the county” onwards there shall be substituted the words “to a regional, islands or district council”.
In section 108(1), in the definition of “district”, for the words from “county” onwards there shall be substituted the words “region or islands area”.
In section 109(a), for the words “the Town Council of a burgh” there shall be substituted the words “a regional or islands council”.
In section 6(1)(c) (revision of charges by independent harbour undertakings), for the words from “or an undertaking” to “applies” there shall be substituted the words “or a ferry undertaking which is operated by or on behalf of a Passenger Transport Executive or a regional or islands council or two or more such councils acting in combination”.
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In section 4(b), for the words "burgh fund" there shall be substituted the words " general fund of the authority ".
In section 7(1), in the definition of “local authority”, for the words “county” onwards there shall be substituted the words “regional, islands or district council”.
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in paragraph (b), for the words " councils of the counties" there shall be substituted the words " regional or islands councils ";
in paragraph (c), for the words from " councils" to " districts " there shall be substituted the words " district councils ".
In section 135(2), for the words " county or town " there shall be substituted the words " regional, islands or district ".
In section 135(7), for the words " county and town" there shall be substituted the words " regional, islands and district ".
In section 136(2), for the words " county and town " there shall be substituted the words " regional, islands and district ".
In section 143, the following amendments shall be made:—
in subsection 2(a), for the words " county or town " there shall be substituted the words " regional, islands or district ";
in subsection (3), for the words " county or town " there shall be substituted the words " regional, islands or district ".
In section 149(5), for the words from " a county " onwards there shall be substituted the words " a regional, islands or district council and for any reference to the council of a county borough or county district there shall be substituted a reference to such an authority ".
In section 156(4), for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.
Section 154
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In section 7 (correction of errors), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the regional or islands council within whose area the lands are situated”.
In section 8 (works not to proceed unless plans deposited), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the council of any region or islands area” and for the words “royal burghs” there shall be substituted the words “areas of such councils”.
In section 9 (receipt and inspection of plan), for the words “schoolmasters and town clerks” there shall be substituted the words “and proper officers”.
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in paragraph (1)3, for the words from " names " to " places " there shall be substituted the words " name of the place and of the area of the regional or islands council ";
in paragraph (3), the words "city, town or", where first occurring, shall cease to have effect, for the words from " in the county in " to " town or " there shall be substituted the words " or circulating in the area of the regional or islands council in which such " , and the words from " or if there be none " onwards shall cease to have effect.
In section 10 (definitions), in the definition of “congested district”, for the words from “any crofting”, onwards there shall be substituted the words “any place within the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.
For section 1(2) (transfer of harbours to local authorities), there shall be substituted the following subsection:—
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in paragraph (i)(a), for the words from the beginning to " which " there shall be substituted the words " the regional or islands council in whose area ";
in paragraph (i)(b), for the words " county or burgh " there shall be substituted the word " area ".
In section 7(1)(b) (minor works), for the words from “any of” to “therein” there shall be substituted the words “the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.
For section 18 (responsibility for deficiency), there shall be subtituted the following section:—
In section 21 (borrowing), the following amendments shall be made—
in subsection (1), for the words “county or town council” there shall be substituted the words “local authority”;
in subsection (3), for the words “county or town council” there shall be substituted the words “local authority”.
In section 31(1) (interpretation), in the definition of “harbour authority”, for the words “pier or ferry” there shall be substituted the words “or pier” and, in the definition of “local authority”, for the words “county or a town” there shall be substituted the words “regional or islands”.
For Schedule 3 there shall be substituted the following Schedule:—
In section 5 (interpretation), in the definition of “Highlands and Islands” for the word “counties” there shall be substituted the word “areas” and the words from “inclusive” onwards shall cease to have effect.
For the Schedule there sball be substituted the following Schedule:—
In section 57(1) (interpretation), in the definition of “marine work”, the following amendments shall be made—
for the words from “means” to “1937” there shall be substituted the words “means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group)”;
in paragraph (b), for the words from “counties” to “Zetland” there shall be substituted the following words “areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute” and for the word “counties” where second occurring, there shall be substituted the word “areas”.
Subject to the provisions of section 161 of this Act and of any other express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their social work functions by their social work committee, a sub-committee of that committee, an officer of the authority or by any other local authority in Scotland.
Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by their social work committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority.
Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by another local authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—
the foregoing provision shall have effect subject to the terms of any arrangement relating to the functions; and
that other authority shall not, by virtue of this paragraph, arrange for the discharge of those functions by some other local authority.
Any arrangement made by a local authority or by a social work committee under this Schedule for the discharge of any functions by a social work committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.
A local authority may arrange for the discharge of any of their social work functions jointly with one or more other local authorities and, where arrangements are in force for them to do so—
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and paragraph 2 above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
For the purpose of discharging any functions of a local authority in pursuance of arrangements made under paragraph 5 above, a local authority may jointly with one or more other local authorities appoint a joint committee.
For the purpose of discharging any functions of a local authority in pursuance of arrangements made under this Schedule, a social work committee or any joint committee appointed under paragraph 6 above may appoint one or more sub-committees.
Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.
A joint committee appointed under paragraph 6 above and a sub-committee appointed under paragraph 7 above, may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities or, in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.
At least two-thirds of the members appointed to a joint committee appointed under paragraph 6 above shall be members of the appointing authorities.
Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
Section 163.
The whole Act shall cease to have effect except sections 1, 2, 3, 10, 21, 22, 24, 28, 31 and 32 which shall have effect subject to amendments thereto set out in the following provisions of this Schedule.
For section 2 (definitions) there shall be substituted the following section—.
In section 10 (lands, etc., may be purchased or rented)—
for the words “magistrates and council or board” there shall be substituted the words “library authority or museum and art gallery authority”;
for the words “schools for science, art galleries, and schools for art” there shall be substituted the words “and art galleries”.
In section 21 (powers of committee)—
for any reference to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority, whichever is appropriate in the context;
for the words “and museums” and “or museums”, wherever they occur, there shall be substituted the words “or museums or art galleries”;
the first and second paragraphs shall cease to have effect;
in the third paragraph, after the word “science” there shall be inserted the words “gramophone records, tape recordings and films”;
in the seventh paragraph, for the words from “for the purpose of” to “appointed” there shall be substituted the words “to inhabitants of the area of the authority”, for the words “burgh or parish”, wherever else they occur, there shall be substituted the word “area” and the words “may not be a householder, and” shall cease to have effect.
In section 22 (power of committee to make byelaws)—
for the first two references to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority;
the words between “Scotland” and “and shall” shall cease to have effect;
for the words from “of the county” to “situated” there shall be substituted the words “exercising jurisdiction in the area of the authority”;
for the words “magistrates and council, or board” where they last occur, there shall be substituted the words “library authority or museum and art gallery authority”;
For section 24 (exhibition of byelaws previous to confirmation), there shall be substituted the following section—
In section 28 (recovery of penalties and forfeitures)—
for the words from “name of” to “district” there shall be substituted the words “name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority”;
for any reference to the committee there shall be substituted a reference to the library authority or museum and art gallery authority;
the words “clerk or other” shall cease to have effect.
The whole Act shall cease to have effect.
Section 3 (revocation of decision to adopt the principal Act) shall cease to have effect.
“statutory library authority” means a library authority as defined in section 2 of the Public Libraries Consolidation (Scotland) Act 1887 or any body authorised by any other enactment (including any enactment contained in a local Act) to provide library services
In section 12(1) (county library service)—
the words “of a county”, the words “not only” and the words from “but also” to the end shall cease to have effect;
for the words “the education” there shall be substituted the words “an education”.
for the words “in the county” there shall be substituted the words “in the region or islands area, as the case may be”.
In section 2(1) (provision of museums by education authorities), the words “(other than the town council of a burgh being a county of a city)” shall cease to have effect, and, in paragraph (e), for the words from “the town” to the end there shall be substituted the words “any other body”.
Description of functions Provisions of the Act of 1972 1. Survey and structure plans. Sections 4 to 8. Sections 14 to 18 and 265, in so far as they relate to structure plans. 2. Acquisition, appropriation, disposal and development of land in connection with functions exercised by general and regional planning authorities. Sections 102 and 109 to 114. 3. Other functions relating to land and buildings in connection with functions exercised by general and regional planning authorities. Sections 117 to 120. 4. Exercise of reserve powers in place of district planning authorities.
1. Local plans. Sections 9 to 13. Sections 14 to 18 and 265, in so far as they relate to local plans. 2. Planning permission. Sections 22 to 43 and 51. 3. Additional powers of control. Sections 49 and 50. 4. Additional control in special cases. Part IV. 5. . . . 6. Acquisition and appropriation of land and related provisions in connection with functions exercised by general and district planning authorities. Part VI. 7. Stopping up, etc., of footpaths and bridleways. Sections 198A and 199 8, 9. . . . 10. Designation of conservation areas. Section 262.
Section 184.
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In section 32(1) (application of Part I to Scotland), the following amendments shall be made—
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in paragraph (k)(i), for the words from “in relation” to “county council” there shall be substituted the words “a general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.
In section 113(1) (interpretation), the following amendments shall be made—
in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”;
in the definition of “planning authority”, for the words “section 2 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”.
In section 27 (powers of disposal of land), the following amendments shall be made—
for subsection (4) there shall be substituted the following subsection—
in subsection (5)(c), for the words from “subsection” to “1947” there shall be substituted the words “section 75(1) of the Local Government (Scotland) Act 1973”.
In Schedule 4 (Authorities to whom Part II applies), the following amendments shall be made—
in paragraph 1, for the word “1947” there shall be substituted the word “1973”;
in paragraph 2, for the word “1947”, where first occurring, there shall be substituted the word “1973”;
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for paragraph 4 there shall be substituted the following paragraph—
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In section 6(1) (planning control in new towns), for the words “local planning” there shall be substituted the words “district planning”.
In section 23(2)(i) (extinguishment of public rights of way), for the words “local planning” there shall be substituted the words “district planning” and after the word “situated” there shall be inserted the words “and on any other local authority who appear to him to be concerned”.
In section 35(2) (development corporations may transfer undertaking), for the words “county or burgh” there shall be substituted the words “region, islands area or district”.
In section 36(2)(a)(i) (winding up of development corporations), for the words “county or town council of the burgh” there shall be substituted the words “region, islands area or district”.
In section 41(2) (application of certain enactments), for the words “county council” there shall be substituted the words “regional or islands council concerned”.
“regional planning authority” and “district planning authority” have the meanings assigned to them by Part IX of the Local Government (Scotland) Act 1973;
In Schedule 1 (procedure for designating site of new town), in paragraph 2, for the words “county or on the town council of the burgh” there shall be substituted the words “region, islands area or district”.
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in paragraph 5, for the words from " county " onwards there shall be substituted the words " regional council ";
in paragraph 9(3), for the word " notice " there shall be substituted the word " direction ".
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after the words " this Act" there shall be inserted the words " or of the provisions of Part IX of the Local Government (Scotland) Act 1973 ";
after paragraph (b) there shall be inserted the words " the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or ".
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in subsection (1), the words from " and (b)" onwards shall cease to have effect;
in subsection (3), the words from " and the notice " onwards shall cease to have effect.
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in a region, consult with the regional council;
in subsection (5), for the words from " the councils " on wards there shall be substituted the words " regional, islands and district councils ".
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in subsection (1), for the words from first" include " onwards there shall be substituted the words " make a direction for minimum compensation ";
in subsection (3), the words " application for " shall cease to have effect;
in subsection (5), for the words from " include " to first " for " there shall be substituted the word " make ", and for the words from " application " to " refused " there shall be substituted the words " direction for minimum compensation be reversed ".
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for the definition of " local authority " there shall be substituted the following definition—;
in the definition of " planning authority", for the words " section 1 of this Act" there shall be substituted the words " section 172 of the Local Government (Scotland) Act 1973 ";
there shall be inserted, at the appropriate place in alphabetical order, the following definition—.
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Sections 186, 187, 188.
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Section 11 (disqualification of justices not entered in valuation roll) shall cease to have effect.
In section 13 (membership of new town committee not to disqualify member of licensing court), the words from " or " to " 1949 " shall cease to have effect.
In section 14 (magistrate or county councillor not disqualified by reason of being justice, and vice versa), for the words " a magistrate or a county councillor", in both places where they occur, there shall be substituted the words " an islands or district councillor ".
Section 15 (election of town councillor to act for disqualified magistrate) and section 16 (county licensing court may grant certificates where members of burgh licensing court disqualified) shall cease to have effect.
In section 17 (expenses of members of licensing courts and courts of appeal), in subsection (1), for the words from the beginning to " 1948 " there shall be substituted the words " Sections 45 to 50 of the Local Government (Scotland) Act 1973 " and for the words from " among " onwards there shall be substituted the words " local authorities " ; and in subsection (2), for the words from " county " onwards there shall be substituted the words " islands area or district whose area constitutes or includes the area of the court. ".
In section 18(2) (general half-yearly meeting of licensing courts), the words from " burgh " to " county " shall cease to have effect.
For section 20 (place of meeting of licensing courts and courts of appeal), there shall be substituted the following section:—
For section 21 (expenses, etc. of meetings of licensing courts and courts of appeal), there shall be substituted the following section:—
For section 28 (clerk to licensing courts and courts of appeal), there shall be substituted the following section:—
In section 29(1) (fees payable to clerk) the words "or town clerk " shall cease to have effect.
For section 31 (supplementary and local provisions) there shall be substituted the following section:—.
In section 41 (list of certificate holders), for the words after " printing the list shall" there shall be substituted the words " be defrayed by the council of the islands area or district whose area constitutes or includes the area of the court. ".
In section 114 (years in which temperance poll may be taken), subsection (1) shall cease to have effect.
In section 120 (interpretation of Part VIII).
in the definition of " area '; in paragraph (a), after the words " in the case of " there shall be inserted the words " an area which immediately before 16th May 1975 constituted ", and after the word " any " there shall be inserted the words " area which then constituted a " ; in paragraph (b), for the words " burgh, the whole burgh " there shall be substituted the words " area which then constituted a burgh, the whole of that area " ; and in paragraph (c), after the word " of " there shall be inserted the words " an area which then constituted ";
in the definition of " local authority ", for paragraphs (a) and (b) there shall be substituted the words " the council of an islands area or district ";
in the definition of " parish ", for the words " burgh or part of a burgh situated therein " there shall be substituted the words " area situated therein which immediately before 16th May 1975 constituted a burgh or part of a burgh ", and after the word " situated " there shall be inserted the words " in an area which was then ".
In section 168(1) (register of clubs) the words " or other area " shall cease to have effect, after the word " keep" there shall be inserted the words " in every sheriff court district within the sheriffdom ", and for the words after " such " and before " in respect " there shall be substituted the word " district ".
In section 169 (application by club for certificate of registration), in subsection (3)(c) for the word " aforementioned " there shall be substituted the word " aftermentioned ", in subsection (4) the words from " either " (where it first appears) to " case " shall cease to have effect, and in subsection (5) for the words " magistrate or justice of the peace " there shall be substituted the words " member of a licensing court or court of appeal ".
In section 171 (procedure on application for grant or renewal of certificate of club registration), in subsection (1), for paragraphs (b) and (c) there shall be substituted the following words:—and; and in subsection (3), for the words " a town council" there shall be substituted the words " an islands council ".
In section 175(1) (cancellation of certificate of club registration), the words from " or, if the premises " to " to a magistrate " and the words " or magistrate " shall cease to have effect
In section 195 (limitation of actions against sheriffs, etc.) the words " town clerk " shall cease to have effect.
In section 199(1) (interpretation) the definitions of "burgh licensing court " and " county licensing court " shall cease to have effect; in the definition of " licensing area", for the words " any burgh or county " there shall be substituted the words " any islands area or district ", and for the word "district" there shall be substituted the word " division "; in the definition of " licensing court", the words " or two" shall be omitted; and in the definition of " licensing district ", for the word " district" there shall be substituted the word " division " and for the word " two" there shall be substituted the word " one ".
For Schedule 1 there shall be substituted the following Schedule—
In Schedule 2 (Forms of certificate), Schedule 4 (Forms for use by clerks to courts) and Schedule 5 (Forms relating to confirmation of certificates), for the words "county [or licensing district or burgh " there shall be substituted, in every place where they appear, the words " district [or islands area or licensing division " ; in Schedule 2, in Forms 1 and 3, the words " parish of and " shall cease to have effect, and in Form 2, the words " burgh of and " shall cease to have effect; and in Schedule 3, in Form 1, the words " in the parish [or burgh] of and county of " shall cease to have effect.
In Schedule 1 (New forms of certificate) in the form of certificate for a restaurant and in the form of restricted hotel certificate, for the words " county [or licensing district or burgh " there shall be substituted in every place where they appear, the words " district [or islands area or licensing division " , and the words " parish of and " shall cease to have effect.
In Schedule 1 (Bookmaker’s Permits, betting agency Permits and betting office licences), in paragraph 1(b) the words “ or 2 ” shall cease to have effect. In paragraph 2 of that Schedule, in the definition of “appropriate local authority” for sub-paragraph (b), there shall be substituted the following sub-paragraph—.
In Schedule 2 (Registered pool promoters), in paragraph 1(1)(b), for the words “any county or large burgh” there shall be substituted the words “ an islands area or district ”; and paragraph 1(2), (3), (4) and (6) and paragraphs 2 and 3 shall cease to have effect.
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In Schedule 7 (Promotion of small lotteries by registered societies), in paragraph 1(2), for head (b) there shall be substituted the following—.
In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for the words “a county council, town council” there shall be substituted the words “ a regional council, islands council ”.
In Schedule 2 (Grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for paragraph (b) there shall be substituted the following—.
In Schedule 9 (Permits under section 34), in paragraph 1(d), for the words from “where” to “county” there shall be substituted the words “ means the council of the islands area or district ”; and paragraph 2 shall cease to have effect.
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In section 6(a)(definition of local authority), for the words “a county council or a town council”; there shall be substituted the words “ an islands or district council ” and the words from “ and any expenses ” onwards shall cease to have effect.
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In section 10 (application to Scotland), for paragraph (a) there shall be substituted the following paragraph:— and paragraph (e) shall cease to have effect.
In section 12 (application to Scotland), for paragraph (e) there shall be substituted the following paragraph:—; and in paragraph (g) for the words “county or town council” there shall be substituted the words “ regional or islands council ”.
In section 7(3), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.
In section 2(4)(b) (meaning of controlling authority), for the words “the council of the county or burgh” there shall be substituted the words “ the islands or district council for the area ”.
In section 5(2) (interpretation), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.
In section 6(4), in the definition of “local authority”, for the words “county or any burgh” there shall be substituted the words “ islands area or district ”.
In section 44 (game licences), for the words “local authorities” in both places where they occur, there shall be substituted the words “ islands and district councils ”.
“local authority”means an islands or district council;
In section 15(1) (powers of entry), the words from “ and in relation ” onwards shall cease to have effect, and in section 18(1) (interpretation), in the definition of “licensing authority”, in paragraph (c), for the words from “as respects” onwards there shall be substituted the words “ the islands or district council. ”.
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In section 11(2), in the definition of “local authority”, for paragraph (b) there shall be substituted the following paragraph—.
Section 209.
Section 5 (preservation of lands from injury) shall cease to have effect.
In section 396 (terms of licence for theatres, etc.) for the words from the beginning to “£5” there shall be substituted the words “ A reasonable fee set by the issuing authority shall be payable for each licence ”.
In section 433 (brokers’ licences), for the words “sum not exceeding two shillings and sixpence” there shall be substituted the words “ reasonable sum set by the issuing authority ”.
In section 81 (licensing of billiard halls), for the words from “fee” to “shillings” there shall be substituted the words “ reasonable fee set by the issuing authority shall be payable ”.
In section 98(2) (application of Parts I and II), the words from “ intimated ” to “ Scotland and ” shall cease to have effect.
In section 28 (milk depots), the words “ subject to the consent of the Board ” shall cease to have effect.
In section I (restriction on exhibition, etc., of performing animals), the following amendments shall be made—
in subsection (2), for the words “the prescribed fee” there shall be substituted the words “ such fee as appears to the local authority to be appropriate ”;
in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur, shall cease to have effect;
in subsection (7), the words “ subject to payment of the prescribed fee ” shall cease to have effect;
at the end there shall be added the following subsection—
In section 5(3) (interpretation etc.), the words from “ and the fee ” onwards shall cease to have effect.
In section 5 (prescription of building lines), paragraph (a) of the proviso shall cease to have effect.
In section 2(5) (fees for licences), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ” shall cease to have effect.
In section 7(3) (arbitrations, etc.), the words from “ and any question ” onwards shall cease to have effect.
In section 10 (rules of procedure), subsections (1) and (2) shall cease to have effect.
In section 53 (tolls), the following amendments shall be made—
in subsection (2)(b), the words from “ but a right ” onwards shall cease to have effect;
in subsection (6), the words “ subject to the approval of the Minister ” shall cease to have effect.
In section 56 (removal of structures from highways, the following amendments shall be made—
subsection (2) shall cease to have effect;
in subsection (3), the words from “ or if ” onwards shall cease to have effect.
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In section 10(5) (application of 1847 Act), the words from “ and if ” onwards shall cease to have effect.
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in subsection (1), in the proviso, for the words " prescribed fees" there shall be substituted the words " fees set by them ";
in subsection (2), for the words " prescribed fee ", there shall be substituted the words " fee set by the authority ";
in subsection (4), for the words " fees as may be prescribed " there shall be substituted the words " reasonable fees as the authority may set ".
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In section 9 (water for domestic purposes), the words from " and the Secretary " onwards shall cease to have effect.
In section 24(1) (power to carry out works), the proviso shall cease to have effect.
In section 29(2) (local authority may provide wells, etc.), in the proviso, the words from " and any " onwards shall cease to have effect.
In section 53 (provision of water supply for new buildings), in subsection (1), the words from " in accordance " to " may make ", and subsection (4) shall cease to have effect.
In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 19, the words from "Any dispute " onwards, and in paragraph 24(2), the words from " or as " onwards, shall cease to have effect.
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Sections 14 (provision of cattle-grids off roads) and 18 (provisions as to cattle-grids provided before the Act) shall cease to have effect.
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In section 21 (provision of cold stores by local authority), in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards shall cease to have effect, and subsections (2) and (3) shall cease to have effect.
Section 22(2) (notification of cases of food poisoning) shall cease to have effect.
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In section 5(3) (working standards etc.), the words " and approved for the purpose by the Board " shall cease to have effect.
In section 44(1) (inspector's fees), the words " with the consent of the Board " shall cease to have effect.
In section 1(2) (licensing of boarding establishments for animals), the words “ not exceeding £2 ” shall cease to have effect.
In section 1(2) (licensing of riding establishments), for the words “a fee not exceeding £10” there shall be substituted the words “ such fee as may be set by the local authority ”.
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In section 29 (powers regarding off-street parking places), in subsection (1), the words from " exercisable " to " by him ", and subsection (2), shall cease to have effect.
In section 31(2) (use of parking places), the words from "and where " onwards shall cease to have effect.
In section 37(5) (supplementary provisions), for the words " the prescribed steps" there shall be substituted the words " such steps as appear to them to be appropriate ", for the words from " not less " to " occasions" there shall be substituted the word " afterwards " , and the words " in the prescribed manner " and the words from " and in this" onwards shall cease to have effect.
In section 44 (financial provisions), in subsection (2), in the proviso, the words from " but shall not" onwards shall cease to have effect, and in subsection (3)(c), the words "with the consent of the appropriate Minister " shall cease to have effect.
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In section 41(1)(b) (ferries for purposes of long-distance routes), the words “ with the approval of the Secretary of State ” shall cease to have effect.
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In section 12(4) (borrowing powers of Executive), the words “ with the consent of the Minister ” shall cease to have effect.
In section 36 (power of local authority to run contract carriages), in subsection (2), the words “ subject to subsection (3) of this section ” shall cease to have effect, and subsections “ (3) to (8) ” shall cease to have effect.
In section 37 (power for local authorities to acquire or dispose of public service vehicle undertakings), in subsection (1), the words from “ with the consent ” to “ State ” shall cease to have effect, and subsection (2) shall cease to have effect.
In section 138 (travel concessions), subsections (7), (8) and (9)(a) shall cease to have effect.
In section 63(1) (proper maintenance of waste land), the words from “ then ” to “ State ” shall cease to have effect.
In section 84(1) (power to serve enforcement notice), the words from “ to any ” to “ State and ” shall cease to have effect.
In section 260 (default powers of Secretary of State), in subsection (1), the words from “ may give ” to “ confirmation or ” shall cease to have effect, and in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ” and the words from “ may give ” to “ notice or ” shall cease to have effect.
Section 213.
Section 3 shall cease to have effect.
In section 5—
in subsection (1), for the words “the appointed day”, in both places where they occur, there shall be substituted the words “ 16th May 1975 ”;
in subsection (2), the words from “ but ” onwards shall cease to have effect;
after subsection (2) there shall be inserted the following subsections—
In section 6(2)(a), before the word “burgh” there shall be inserted the word “ former ”.
In section 7(3), before the word “burgh” there shall be inserted the word “ former ”.
For Schedule 1 there shall be substituted the following Schedule—
Section 214.
This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment. Any reference in any such enactment, including the 1947 Act, or instrument to a local authority within the meaning of the 1947 Act shall be construed as a reference to a local authority within the meaning of this Act. Any reference in any such enactment or instrument to a sheriff clerk of a county, however expressed, shall be construed as a reference to the sheriff clerk of the sheriff court district concerned.
Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority. Sub-paragraph (1) above shall not apply in any case—
In section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.
In section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.
In section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.
For section 3 (rolls of jurors) there shall be substituted the following section:—.
For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—.
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In section 9 (jurors in inferior courts), for the word " county " there shall be substituted the words " sheriff court district ".
In section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.
In section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.
In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—.
In section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—
In section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.
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In section 36 (application to Scotland), in the definition of " local authority ", after the word " streets ", in both places where it occurs, there shall be inserted the word " sewers ".
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for the words from " the case of a burgh " to " that parish " there shall be substituted the words " their area ";
for the words " the burgh or parish " there shall be substituted the words " the area ";
for the words " such burgh or in such parish " there shall be substituted the words " their area ";
for the words " the said burgh or the said parish " there shall be substituted the words " their area ";
for the words " the said burgh or parish " there shall be substituted the words " their area ".
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Sections 3 to 25 shall cease to have effect.
Sections 42 to 48 shall cease to have effect.
In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.
In section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.
In section 668 (Commissioners of Northern Lights), the following amendments shall be made—
in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;
in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.
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the definitions of " sanitary inspector ", " clerk ", " parish ", " burgh ", " county ", and " district committee " shall cease to have effect,
Except in section 12 and, where it second occurs in section 36(4) of this Act, the word ' district' means the area of the local authority for the purposes of this Act.
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the words " magistrate or ", in each place where they occur,
the words " or on a representation by a parish council ",
the words " to the collector of the churchyard or other dues, or " and
the word " other ", where it second occurs,
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in subsection (1),—
the words from " by the county " to " any district " shall cease to have effect,
the words " such county council or " shall cease to have effect,
in subsection (2), the words from " and for the purpose " onwards shall cease to have effect.
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in the first paragraph for the words from the beginning to " situated " there shall be substituted the words " A local authority " and the words " within such special scavenging district " shall cease to have effect;
in the second paragraph for the words " within such special district" and for the words from " district committee " to " council) " there shall be substituted respectively the words " in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not applyand " local highway authority within the meaning of the Local Government (Scotland) Act 1973 ". "
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in subsection (1), the words " or for a parish council" and " of the county " shall cease to have effect, and
in subsection (2) the words "or for any parish council" shall cease to have effect.
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“local authority” means an islands or district council
In section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.
In section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.
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In section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.
In section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.
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In section 2 (refusal of registration), at the end there shall be added the following subsection—
In section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.
In section 22 (burgh churches)—
after subsection (2), there shall be inserted the following subsection—;
in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;
in subsection (4)—
before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;
the words “ continue to ” shall cease to have effect;
for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.
In section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.
In section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.
In section 32 (transfer of parish churchyards)—
for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;
subsection (3) shall cease to have effect;
in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.
In section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.
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In section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.
“local authority” means an islands or district council
In section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.
In section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.
Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.
In section 77, the following amendments shall be made—
subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and
in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.
Section 79 and Schedules 1, 2 and 5 shall cease to have effect.
In section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.
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In section 2(2) (transfer of certain churchyards)—
for the words “county or burgh” there shall be substituted the words “ islands area or district ”;
the words from “ or, in the case ” onwards shall cease to have effect.
In section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.
In section 110 (interpretation) the following amendments shall be made— and the definition of “ Large burgh ” shall cease to have effect, and subsection (2) shall cease to have effect.
“Local authority” means a regional or islands council.
subsection (2) shall cease to have effect.
In section 13 (application to Scotland) the following amendments shall be made—
in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;
in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;
in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;
in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.
subsections (9), (10) and (12) shall cease to have effect.
In section 91 (application to Scotland) the following amendments shall be made—
in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—;
in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;
in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.
for subsection (23) there shall be substituted the following subsection:—;
in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;
in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;
in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;
subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.
the expression “local authority” means an islands or district council
In section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.
In section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.
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In section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.
In section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.
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In section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.
In section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.
In section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.
In section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.
In section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.
In section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—.
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In section 63(1) (interpretation), in the definition of "local authority", for the words from " county council" onwards there shall be substituted the words " regional, islands or district council ".
In section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.
In section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.
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In section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.
In section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.
In section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.
In section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.
In section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.
In section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.
In section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.
In section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.
In section 14 (legalised police cells), the following amendments shall be made—
in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”
in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;
in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;
in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;
in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police (Scotland) Act 1967 it means a joint police committee ”.
In section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.
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In section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.
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in the definition of " administrative area" for the words "county or large burgh" there shall be substituted the words " region, islands area or district ";
in the definition of " authorised person ", in paragraph (b), for the words " local authority " there shall be substituted the words " islands or district council ";
in the definition of " local authority ", for the words " county council and a town" there shall be substituted the words " regional, islands or district ".
In section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.
In section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.
In section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
In section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
In section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.
In section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—.
In section 21 (cold stores), at the end there shall be added the following subsection—.
In section 26 (administrative authorities), the following amendments shall be made—
in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;
for subsection (4) there shall be substituted the following subsection—
In section 27 (public analysts), at the end there shall be added the following subsection—
In section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.
In section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.
In section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
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In Schedule 2 (supplementary provisions as to public inquiries), in paragraph 1(a), for the words from second "in" to " not" there shall be substituted the words " which is not within the area of a planning authority who have ".
In Schedule 4 (amendment of enactments), in the item relating to the Electric Lighting Act 1909, for the words from " and with " onwards there shall be substituted the words " the provisions of the said section 2 shall apply to the Scottish Electricity Boards as they apply to the Generating Board with the following modifications—
' local authority' means both the regional and district council, or, as the case may be, the islands council concerned;
for the references to the local planning authority there shall be substituted references to both the regional and district planning authority, or, as the case may be, the general planning authority (all within the meaning of Part IX of the Local Government (Scotland) Act 1973)."
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In Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.
In section 3 (provision of sheltered employment), the following amendments shall be made—
in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;
in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;
subsection (4) shall cease to have effect;
in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.
The Schedule shall cease to have effect.
In section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.
In section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.
In section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.
In section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
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“local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973
In section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.
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In the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.
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In paragraph 7 of the Schedule (provision as to inspection, testing and enforcement by local authorities), for the words following " Scotland means" there shall be substituted the words " the local weights and measures authority as defined in section 36 of the Weights and Measures Act 1963 ".
In section 15(1) (interpretation), the following amendments shall be made:—
“local authority” has the meaning assigned to it by section 1(2) of this Act;
“sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;
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In Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.
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for the words " a local authority " or " the local authority ", in each place where they occur, there shall be substituted respectively the words " an islands or district council " or " the islands or district council " ;
in subsection (1)(a), for the word " them" there shall be substituted the words " any local authority or general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ";
in subsection (1)(b), for the word " them" there shall be substituted the words " the islands or district council ".
In section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.
In section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.
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In section 23(1) (interpretation), in the definition of "local authority", for the words "county or town" there shall be substituted the words " regional, islands or district ".
In section 28(1) (interpretation), the following amendments shall be made:—
in the definition of “local authority”, for the words “town or county” there shall be substituted the words “ regional, islands or district ”;
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In section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.
In section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.
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In section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.
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In section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.
In section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.
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In section 30(1) (general interpretation), in the definition of " local authority", for the words from " county" onwards there shall be substituted the words " regional, islands or district council ".
In section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”
In section 78(1) (interpretation), the following amendments shall be made—
in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”;
in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”
In section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.
Section 26 (enforcing authorities) shall have effect as if—
in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;
in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
In section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—
in subsection (2A)—
for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,
the last paragraph shall cease to have effect,
in subsection (2B)—
in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,
paragraph (b) shall cease to have effect.
In section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—.
For section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—.
In section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.
In section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.
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in subsection (1), for the words " a highway authority " and the word " streets " there shall be substituted respectively the words " the Secretary of State " and " trunk roads" ;
in subsection (2), for the words " a highway authority " there shall be substituted the words " the Secretary of State ";
in subsection (3), for the words " A highway authority or " there shall be substituted the words " The Secretary of State or a ";
subsection (4) shall cease to have effect.
For section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—.
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In section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.
In section 2(2) after paragraph (b) there shall be inserted the following paragraph—.
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in subsection (1), the words " in accordance with the provisions of this section " shall cease to have effect;
for subsection (2) there shall be substituted the following subsection—; and
subsections (3) and (7) shall cease to have effect.
In section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.
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in paragraph 3, after the words " consisting of ", there shall be inserted the words—;
after paragraph 5, there shall be added the following paragraph—.
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In section 14(9) (detention and sale of aircraft), for the words " local authority" there shall be substituted the words " regional or islands council ".
In section 28(3) (interpretation), in the definition of "local authority ", for the words " county council " onwards there shall be substituted the words " regional, islands or district council ".
In section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—
In section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”
In section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.
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In section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.
In section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.
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In section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.
For section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—.
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In section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.
In Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.
In section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.
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In section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.
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In section 13(1) (interpretation), the following amendments shall be made—
in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;
in the definition of “local authority”, for the words from “Scotland” onwards there shall be substituted the words “ Scotland, means a regional, islands or district council ”.
In section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
In section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.
In section 5 (2) (interpretation), in the definition of “local authority”, for the words “the council of any county or burgh” there shall be substituted the words “ an islands or district council ”.
In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “islands or district council”. Section 4(27) Section 99 Sections 104 to 112 Section 114 Section 116 Section 120 Sections 122 and 123 Section 125 Section 127 Sections 144 and 145 Section 155 Section 175 Sections 243 and 244 Sections 254 to 256 Sections 273 and 274 Section 277 Section 285 Section 288 Sections 301 to 303 Section 306 Section 308 and 309 Sections 311 to 314 Section 381(1) and (29) Sections 386 and 387 Section 392.
In the provisions set out in the following table, for the word “magistrate” or “magistrates”, in each place where either of them occurs, there shall be substituted the words “islands or district council”. Section 126 Sections 247 and 248 Section 250 Sections 270 to 272 Section 275 Section 300 Section 304 Section 383 Sections 395 to 397 Sections 399 and 400 Section 433 Section 449 In Schedule V, paragraphs (2), (3), (6), (9) and (23).
In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “local highway authority”. Section 4(28) Section 129 Section 131 . . . Sections 134 and 135 Section 137 Section 139 Sections 140 to 142 Sections 149 to 152 Sections 156 to 160 Sections 162 to 164 Section 190 Section 228
In sections 210 to 213, and 233, 416 and 417, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional or islands council”.
In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional, islands or district council, as the case may be”. Section 165 Sections 325 to 332 Section 334 Section 339 Section 341 Section 365 Sections 367 to 369 Section 372 Section 374
In section 4, the following amendments shall be made—
subsections (8) and (9) shall cease to have effect;
after subsection (13) there shall be inserted the following subsection—,
after subsection (28) there shall be inserted the following subsection—.
Section 15 shall cease to have effect.
In section 20, for the word “commissioners”, where it second occurs, there shall be substituted the words “appropriate authority”.
In section 27(2), for the words “town council” there shall be substituted the words “appropriate authority”.
Section 42 shall cease to have effect.
In section 55, for the word “commissioners” there shall be substituted the words “appropriate authority”.
Sections 100 and 101 shall cease to have effect.
In section 105, for the words “their inspector of lighting, or any other officer or servant” there shall be substituted the words “the proper officer”, and for the words “inspector of lighting, or any other officer or servant” there shall be substituted the words “proper officer”.
In section 115, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.
In section 117, for the words “sanitary inspector”, in both places where they occur, there shall be substituted the words “proper officer of the islands or district council”.
In section 118, for the words from “burgh surveyor” to “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “surveyor, medical officer or inspectors”, in both places where they occur, there shall be substituted the words “proper officer”.
In section 119, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.
In section 120, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “burgh general assessment” there shall be substituted the words “general or district rate”.
In section 121, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “the inspector”, where they second occur, there shall be substituted the words “such officer”.
In section 123, for the words from “the chief” to “sanitary inspector”, where they first occur, there shall be substituted the words “their proper officer”, and for the words from “inspector of cleansing”, where they second occur, to “authorised by” there shall be substituted the words “proper officer of”.
In section 126, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the word “magistrate” there shall be substituted the words “such council”.
In section 128, the words from “of the Roads” to “1891, and” shall cease to have effect, and for the words “town council” in both places where they occur, there shall be substituted the words “local highway authority”.
In section 133, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.
In section 134, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.
In section 138, for the word “council”, in both places where it occurs, there shall be substituted the words “local highway authority”.
In section 145, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.
In section 150, the words “the Dean of Guild Court or” shall cease to have effect.
In section 151, for the word “treasurer” there shall be substituted the words “local highway authority”.
In section 154, the following amendments shall be made—
for the word “commissioners”, where it first occurs, there shall be substituted the words “local highway authority”,
for the words “and they may also” there shall be substituted the words “and the islands or district council may”,
for the word “commissioners”, where it occurs second and third, there shall be substituted the words “islands or district council”, and
for the word “commissioners”, where it last occurs, there shall be substituted the words “local highway authority and the islands and district council”.
In section 168, for the word “council” there shall be substituted the words “islands or district council”.
In section 186, for the word “commissioners”, in both places where it occurs, there shall be substituted the words “the local highway authority, or, where appropriate, the islands or district council”.
Section 201 shall cease to have effect.
Section 207 shall cease to have effect.
In section 210, the words “of the clerk” shall cease to have effect.
Section 223 shall cease to have effect.
In section 248, for the words “burgh surveyor” there shall be substituted the words “proper officer of the islands or district council”.
In section 250, the words “any of” and “or any one of them” shall cease to have effect.
Section 257 shall cease to have effect.
Sections 296 and 297 shall cease to have effect.
in section 305, for the words “commissioners or magistrates” there shall be substituted the words “islands or district council”.
In section 306, after the words “two thirds”, in both places where they occur, there shall be inserted the words “of the members”.
In section 307, for the word “commissioners”, where it first and second occurs, there shall be substituted the words “islands or district council”, and for the words “the commissioners”, where they last occur, there shall be substituted the words “any authority”.
Section 310 shall cease to have effect.
In section 312, for the word “officers” there shall be substituted the words “proper officer”.
In section 316, for the word “commissioners”, where it first occurs, there shall be substituted the words “islands or district council”, and in head A, in subsection (8) for the word “burgh” where it second occurs, there shall be substituted the word “district” and for the words from “magistrates” to “burgh”, where it last occurs, there shall be substituted the words “council of that district”.
In section 325, after the word “their”, in both places where it occurs, there shall be inserted the word “proper”.
In section 330, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.
In section 339, the words “the clerk to” shall cease to have effect, and for the word “him” there shall be substituted the word “them”.
In section 341, the words from “and the commissioners” to “within the burgh” shall cease to have effect.
In section 365, for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”.
In section 367, for the words “collector in any burgh” there shall be substituted the words “proper officer of a regional, islands or district council”.
In section 369, after the words “any two” there shall be inserted the words “of the members”.
In section 372, for the words “the general expenses of the town council.” there shall be substituted the words “their general expenses”.
In section 381, in subsection (10), for the words “commissioners or other lawful authority” there shall be substituted the words “appropriate authority”, and in subsections (29) and (49), for the word “commissioners” there shall be substituted the words “to appropriate authority”.
In section 385, for the word “magistrates” there shall be substituted the words “local highway authority”, and for paragraph (4) there shall be substituted the words “and the islands or district council may from time to time make byelaws and issue notices and orders prohibiting or regulating public processions.”.
Section 411 shall cease to have effect.
Section 428 shall cease to have effect.
Section 432 shall cease to have effect.
In Schedule V, in paragraph (2)(d), after the words “one of” there shall be inserted the words “the members of”.
In sections 5 to 20, for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”.
In section 6, the words “of the town clerk or other public office” shall cease to have effect, and after the words “town council,”, where they first occur, there shall be inserted the words “or their proper officer,”.
In section 8, for the words “town clerk” there shall be substituted the words “proper officer of the local highway authority”, for the words “such official as”, there shall be substituted the words “the proper officer of”, and the words “may from time to time appoint” shall cease to have effect.
In section 9,
the words from “to the dean” to “such court”,
the words from “or dean” to “may be”, and
the words from “and any deliverance” onwards, shall cease to have effect.
In section 11, for the words “dean of guild court” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.
Section 13 shall cease to have effect.
In section 16, the words “dean of guild court or” shall cease to have effect.
In section 21, for the words “town council” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.
In section 23, for the words “town council” there shall be substituted the words “islands or district council”.
In section 30, for the words “town council” there shall be substituted the words “planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973”.
In section 31, for the words “burgh surveyor” in each place where they occur, there shall be substituted the words “proper officer of the islands or district council, or, in the Highland, Borders, or Dumfries and Galloway region, the regional council”, and the words from “and may further” onwards shall cease to have effect.
In section 35, for the words “burgh surveyor”, in both places where they occur, there shall be substituted the words “proper officer of the regional or islands council”, and for the words from “the dean”, where they first occur, to “of the matter” there shall be substituted the words “regional or islands council who shall be bound to dispose of the matter”.
Section 37 shall cease to have effect.
Section 39 shall cease to have effect.
In section 41, the following amendments shall be made—
for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”,
in subsection (1), in paragraph (a), the words from “or the dean” to “may be”, in paragraph (b), the words “the dean of guild court” and in paragraph (c), the words from “or the dean” to “may be” shall cease to have effect,
in subsection (2), the words “the dean of guild court” shall cease to have effect,
in subsection (3), the words “dean of guild court, as the case may be” shall cease to have effect, and
in subsection (4), the words from “or where” to “it out” shall cease to have effect.
Section 43 shall cease to have effect.
In section 44, for the words “town council” there shall be substituted the words “islands or district council”.
Sections 56 and 57 shall cease to have effect.
In section 58, for the words “town council” in both places where they occur, there shall be substituted the words “regional, islands or district council, as the case may be”.
In section 59, the following amendments shall be made—
for the word “burgh”, in each place where it occurs, there shall be substituted the word “district”.
for the word “town” where first occurring, there shall be substituted the word “district”,
for the words from “county council”, where they first occur, to “county or” there shall be substituted the words “council of the”,
for the word “magistrates” there shall be substituted the word “district council”, and
for the words “county council or town council” where they second occur, there shall be substituted the words “other district council concerned”.
In section 61, the following amendments shall be made—
in subsections (2) and (4), for the words “town council” there shall be substituted the words “local highway authority”.
in subsection (6), for the words “council of a burgh” there shall be substituted the words “local highway authority” and for the words “such burgh” there shall be substituted the words “the area of such authority”.
In sections 64, 67, 68, 79, 80 and 82, for the words “town council” in each place where they occur, there shall be substituted the words “islands or district council”.
In the said section 79, in subsection (2), after the words “constable or” there shall be inserted the word “proper”.
In section 81, for the word “magistrates” there shall be substituted the words “islands or district council:”.
In section 93 the following amendments shall be made—
for the words “town council”, where they first occur, there shall be substituted the words “local highway authority”,
The islands or district council may, from time to time, make byelaws and repeal, alter or amend any byelaws so made, for the protection of trees, shrubbery or ornamental or pleasure grounds in or adjacent to streets.
paragraph (12) shall cease to have effect, and
for the words “the town council”, where they last occur, there shall be substituted the words “a competent authority”.
Section 97 shall cease to have effect.
In section 98, the following amendments shall be made—
in subsection (2), for the words “town council” where they first occur, there shall be substituted the words “appropriate regional, islands or district council exercising functions in any such burgh”, and for the words “a town council” there shall be substituted the words “any such appropriate council”.
in subsection (3), for the words “town council” there shall be substituted the words “appropriate council”, and the proviso shall cease to have effect,
in subsection (4), for the words “a town council” there shall be substituted the words “an appropriate council”, and the words “ “Hollow squares”” shall cease to have effect, and
subsection (8) shall cease to have effect.
Section 99 shall cease to have effect.
Section 101 shall cease to have effect.
In section 103, the following amendments shall be made—
in paragraph (5), for the words from “or local” to “commissioners” there shall be substituted the words “Act or local enactment by the local highway authority”, and for the words “town council”, where they second and third occur, there shall be substituted the words “said authority”,
in paragraph (9), for the words “dean of guild court or town council” there shall be substituted the words “local highway authority”.
in paragraph (12),
the word “Guild” shall cease to have effect,
in sub-paragraph (l), for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”, and the words “dean of guild court” shall cease to have effect,
in sub-paragraph (m), for the words from “dean”, where it first occurs, to “burgh surveyor” there shall be substituted the words “local highway authority or their proper officer”.
In section 104(2), the following amendments shall be made—
in paragraph (g), for the words “town council” there shall be substituted the words “local highway authority”, and
for the words from “town council”, where they second occur, to “guild court)” there shall be substituted the words “regional, islands or district council, as the case may be”, and
for the words “town council”, where they last occur, there shall be substituted the words “any such council”.
In section 1,
in subsection (4), the words from “and, where” onwards shall cease to have effect,
in subsection (5),
for the word “county”, where it first and second occurs, there shall be substituted the words “islands area or district”,
for the words “county council” there shall be substituted the word “sheriff”.
in subsection (6), the words “or under section seventy six of the Licensing (Scotland) Act 1903” shall cease to have effect.
In section 2,
for the words from “magistrates” to “of a county” there shall be substituted the words “members of the council of an islands area or district council”,
for the words “burgh or the county” there shall be substituted the words “area of the said council”.
In section 3, for the words “a town council” there shall be substituted the words “an islands or district council”.
Section 237. Chapter Short Title Extent of Repeal 3 Geo. 4. c. 33. The Riotous Assemblies (Scotland) Act 1822. In section 10, the words from “ or the Clerk of Supply ” to “ city or burgh ”, where they occur second. Sections 11 to 14. 6 Geo. 4. c. 22. The Jurors (Scotland) Act 1825. In section 1, the words “ in any county ”. Sections 5 and 6. 1 & 2 Vict. c. 119. The Sheriff Courts (Scotland) Act 1838. Section 27. 16 & 17 Vict. c. 93. The Burgh Harbours (Scotland) Act 1853. The whole Act. 17 & 18 Vict. c. 91. The Lands Valuation (Scotland) Act 1854. Section 39. Section 41. 25 & 26 Vict. c. 19. The General Pier and Harbour Act 1861, Amendment Act 1862. In Part I of Schedule (B), in paragraph (3), the words “ city, town or ”, where first occurring, and the words from “ or if there be none ” onwards. 25 & 26 Vict. c. 105. The Highland Roads and Bridges Act 1862. The whole Act. 29 & 30 Vict. c. 17. The Cattle-sheds in Burghs Act 1866. The whole Act. 30 & 31 Vict. c. 80. The Valuation of Lands (Scotland) Amendment Act 1867. Section 5. 38 & 39 Vict. The Explosives Act 1875 c. 17. Section 109(1). In section 110.2, the words “ for a borough ”. Section 110.3. Section 111(c). Section 112. 41 & 42 Vict. c. 8. The Public Parks (Scotland) Act 1878. In section 2, the words from “ and ” onwards. In section 21, the words “ burgh or ”, in both places where they occur, and the words “ magistrates and town councils or other ”, in both places where they occur. In section 27, the definition of “ burgh ”. 42 & 43 Vict. c. 27. The Convention of Royal Burghs (Scotland) Act 1879. The whole Act. 45 & 46 Vict. c. 49. The Militia Act 1882. Sections 29, 48 and 52. 50 & 51 Vict. c. 35. The Criminal Procedure (Scotland) Act 1887. In section 47, the words from “ but in all cases ” onwards. 50 & 51 Vict. c. 42. The Public Libraries Consolidation (Scotland) Act 1887. Sections 4, 5 and 6. Section 14. Sections 17 to 20. In section 21, the first and second paragraphs and in the seventh paragraph the words “ may not be a householder, and ”. In section 22, the words between “ Scotland ” and “ and shall ”. Section 23. Sections 25 to 27. In section 28, the words “ clerk or other ”. Sections 29 and 30. Schedules (A) and (B). 50 & 51 Vict. c. 51. The Valuation of Lands (Scotland) Amendment Act 1887. Section 2. 52 & 53 Vict. c. 50. The Local Government (Scotland) Act 1889. In section 11, subsections (1), (3) and (5). Section 14. Section 16. Sections 39 to 42. Section 58. Section 67. 54 & 55 Vict. c. 32. The Roads and Streets in Police Burghs (Scotland) Act 1891. The whole Act. 55 & 56 Vict. c. 12. The Roads and Bridges (Scotland) Amendment Act 1892. Section 5. 55 & 56 Vict. c. 54. The Allotments (Scotland) Act 1892. In section 2(1), the words “ of any burgh or parish ”, in both places where they occur. In section 15, the words “ in the burgh or parish ”. In section 16, the definitions of “ burgh ”, “ county ”, “ county elector ”, “ district ” and “ district committee ”. 55 & 56 Vict. c. 55. The Burgh Police (Scotland) Act 1892. Section 4(8) and (9). Section 15. Section 42. Sections 100 and 101. In section 128, the words “ of the Roads and Streets in Police Burghs (Scotland) Act, 1891, and ”. In section 150, the words “ the Dean of Guild Court or ”. Section 201. Section 207. In section 210, the words “ of the clerk ”. Section 223. In section 250, the words “ any of ” and “ or any one of them ”. Section 257. Section 296 and 297. Section 310. In section 339, the words “ the clerk to ”. In section 341 the words from “ and the commissioners ” to “ within the burgh ”. Section 411. Section 428. Section 432. 57 & 58 Vict. c. 20. The Public Libraries (Scotland) Act 1894. The whole Act. 57 & 58 Vict. c. 36. The Valuation of Lands (Scotland) Acts Amendment Act 1894. Section 4. 57 & 58 Vict. c. 58. The Local Government (Scotland) Act 1894. Sections 3 to 25. Sections 42 to 48. In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ” and “ burghs ”. 57 & 58 Vict. c. 60. The Merchant Shipping Act 1894. Section 668(1)(c). 58 & 59 Vict. c. 6. The Convention of Royal Burghs (Scotland) Act 1879, Amendment Act 1895. The whole Act. 59 & 60 Vict. c. 32. The Orkney and Zetland Small Piers and Harbours Act 1896. The whole Act. 60 & 61 Vict. c. 38. The Public Health (Scotland) Act 1897. In section 3, the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ”. Section 15. In section 18, the words “ magistrate or ” and the word “ magistrate ”, in each place where it occurs. In section 19, the words “ of the county or burgh ”. In section 22, the words “ magistrate or ”, in each place where they occur, and the words “ or on a representation by a parish council ”, “ to the collector of the churchyard or other dues, or ” and the word “ other ” where it second occurs. In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155 and 177, the word “ magistrate ” and the word “ magistrates ” in each place where either of them occurs. Section 28. In section 31, the words “ or of their sanitary inspector ”. In section 32(2), the words from “ but, in the case ” onwards. In section 36(1), the words “ or from a representation by a parish council ”. In section 37, in subsection (1), the words from “ by the county ” to “ any district ”, and the words “ such county council or ”, and in subsection (2), the words from “ and for the purpose ” onwards. In section 39, in the first paragraph, the words “ within such special scavenging district ”. In section 42, the words “ in any special scavenging district ” in both places where they occur. In section 94, the words from “ but in the case ” onwards. Section 118. Section 121. In section 146, in subsection (1), the words “ or for a parish council ”, and “ of the county ”, and in subsection (2), the words “ or for any parish council ”. In section 157, the words “ magistrate or ”. In section 158, the words “ or magistrates ”. In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs. Section 191. Section 192. 60 & 61 Vict. c. 53. The Congested Districts (Scotland) Act 1897. In section 10, the words “ and crofting parish ”. 62 & 63 Vict. c. 5. The Public Libraries (Scotland) Act 1899. The whole Act. 62 & 63 Vict. c. 19. The Electric Lighting (Clauses) Act 1899. In the Schedule, in section 1, the definition of “ county council ”. 63 & 64 Vict. c. 49. The Town Councils (Scotland) Act 1900. The whole Act. 3 Edw. 7. c. 33. The Burgh Police (Scotland) Act 1903. In section 6, the words “ of the town clerk or other public office ”. In section 8, the words “ may from time to time appoint ”. In section 9, (a) the words from “ to the dean ” to “ such court ”, (b) the words from “ or dean ” to “ may be ”, and (c) the words from “ and any deliverance ” onwards. Section 13. In section 16, the words “ dean of guild court or ”. In section 31, the words from “ and may further ” onwards. Section 37. Section 39. In section 41, in subsection (1), in paragraph (a), the words from “ or the dean ” to “ may be ”, in paragraph (b) the words “ the dean of guild court ”, and in paragraph (c), the words from “ or the dean ” to “ may be ”; in subsection (2), the words “ the dean of guild court ”; in subsection (3), the words “ dean of guild court, as the case may be ”; and in subsection (4) the words from “ or where ” to “ it out ”. Section 43. Section 56. Section 57. In section 93, paragraph (12). Section 97. In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words Hollow squares Section 99. Section 101. In section 103(12), the word “ Guild ” and in sub-paragraph (1) the words “ dean of guild court ”. 8 Edw. 7. c. 62. The Local Government (Scotland) Act 1908. Sections 3 to 5. Sections 10 and 11. Section 13. Section 15. Sections 19 to 22. Sections 26 to 28. 9 Edw. 7. c. 30. The Cinematograph Act 1909. Sections 5 and 8(3) and (4). 9 Edw. 7. c. 47. The Development and Road Improvement Funds Act 1909. In section 16, the words from “ References to a county ” to “ respective powers and duties ”. 1 & 2 Geo. 5. c. 51. The Burgh Police (Scotland) Amendment Act 1911. In section 1, in subsection (4), the words from “ and, where ” onwards, and, in subsection (6), the words “ or under section seventy six of the Licensing (Scotland) Act, 1903, ”. 1 & 2 Geo. 5. c. 53. The House Letting and Rating (Scotland) Act 1911. The whole Act. 3 & 4 Geo. 5. c. 32. The Ancient Monuments Consolidation and Amendment Act 1913. In section 23(2), the words from “ references to a borough ” to “ county council and ”. 4 & 5 Geo. 5. c. 46. The Milk and Dairies (Scotland) Act 1914. In section 28, the words “ subject to the consent of the Board ”. 5 & 6 Geo. 5. c. 88. The Street Collections Regulation (Scotland) Act 1915. The whole Act. 9 & 10 Geo. 5. c. 97. The Land Settlement (Scotland) Act 1919. Section 18(1). In section 24, the definition of “ parish council ”. 9 & 10 Geo. 5. c. 100. The Electricity (Supply) Act 1919. In section 21, the words “ (including a county council) ”. 10 & 11 Geo. 5. c. 8. The House Letting and Rating (Scotland) Act 1920. The whole Act. 10 & 11 Geo. 5. c. 45. The Public Libraries (Scotland) Act 1920. The whole Act. 12 & 13 Geo. 5. c. 52. The Allotments (Scotland) Act 1922. Section 16. 15 & 16 Geo. 5. c. 33. The Church of Scotland (Property and Endowments) Act 1925. In section 22(4), the words “ continue to ”. In section 32, subsection (3), and in subsection (4), the words “ or other local authority ” in each place where they occur. 15 & 16 Geo. 5. c. 38. The Performing Animals (Regulation) Act 1925. In section 1, in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur and in subsection (7), the words “ subject to payment of the prescribed fee ”. In section 5(3), the words from “ and the fee ” onwards. In section 6(a), the words from “ and any expenses ” onwards. 15 & 16 Geo. 5. c. 68. The Roads Improvement Act 1925. In section 5, in the proviso, paragraph (a). In section 7, the words “ between any of them respectively ”. Section 8. 15 & 16 Geo. 5. c. 82. The Roads and Streets in Police Burghs (Scotland) Act 1925. The whole Act. 16 & 17 Geo. 5. c. 51. The Electricity (Supply) Act 1926. In Schedule 6, the item relating to section 21 of the Electricity (Supply) Act 1919. 18 & 19 Geo. 5. c. 19. The Agricultural Produce (Grading and Marking) Act 1928. In section 4, in subsections (1), (2)(bb) and (2)(c), the words “ or county borough ”. In section 5, the words “ or county borough ”, in each place where they occur, the words “ in the case of a county council ”, the words from “ and in the case ” to “ borough rate ” and the words “ and county boroughs ”. 18 & 19 Geo. 5. c. 29. The Slaughter of Animals (Scotland) Act 1928. In section 2(5), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ”. In section 7(a), the words “ and “local authority” ”. 19 & 20 Geo. 5. c. 25. The Local Government (Scotland) Act 1929. Sections 1 to 3. Sections 5 and 6. Sections 10 and 11. Section 18. Section 24. Section 26. Section 34. Section 41. Section 49(3) and (4). Sections 50 to 52. Section 76. In section 77, subsection (1) other than the definitions of “ Agricultural Lands and Heritages ”, “ Industrial Lands and Heritages ”, “ Freight Transport Lands and Heritages ”, “ Industrial Purposes ” and “ Freight Transport Purposes ”, “ Functions ”, “ Rate ”, “ Rating Authority ” and “ Water Rate ”; and subsections (2) and (3) and (5) to (8). Section 79. Schedules 1, 2 and 5. 19 & 20 Geo. 5. c. 33. The Bridges Act 1929. Section 3. In section 7(3), the words from “ and any question ” onwards. Section 10(1) and (2). 20 & 21 Geo. 5. c. 43. The Road Traffic Act 1930. In section 53, in subsection (2)(b), the words from “ but a right ” onwards, and in subsection (6), the words “ subject to the approval of the Minister ”. In section 56, subsection (2) and in subsection (3), the words from “ or if ” onwards. 21 & 22 Geo. 5. c. 17. The Local Authorities (Publicity) Act 1931. The whole Act. 23 & 24 Geo. 5. c. 44. The Church of Scotland (Property and Endowments) Amendment Act 1933. In section 2(2), the words from “ or, in the case ” onwards. 24 & 25 Geo. 5. c. 50. The Road Traffic Act 1934. Section 23. 25 & 26 Geo. 5. c. 47. The Restriction of Ribbon Development Act 1935. In section 17(2), the words from “ measured ” to “ State ”. 26 Geo. 5. & 1 Edw. 8. c. 48. The Health Resorts and Watering Places Act 1936. The whole Act. 1 Edw. 8 & 1 Geo. 6. c. 5. The Trunk Roads Act 1936. In section 3(2), in paragraph (b), the words from “ shall not ” to “ aforesaid ” and, in paragraph (c), the words “ shall not be exercisable by a county council in any borough or urban district and ”. In section 12, in the proviso to subsection (2)(a), the words “ subsection (2) of section 3 and ”, and, in subsection (9), the proviso. 1 Edw. 8 & 1 Geo. 6. c. 28. The Harbours, Piers and Ferries (Scotland) Act 1937. In section 1(1), the words from “ authorised ” onwards. Section 2(2). In section 10(5), the words from “ and if ” onwards. Section 17. Section 23. In section 31(1), the definition of “ ferry ”. 1 Edw. 8 & 1 Geo. 6. c. 37. The Children and Young Persons (Scotland) Act 1937. In section 110, in subsection (1), the definition of “ Large burgh ”, and subsections (2) and (3)(b). 1 Edw. 8. & 1 Geo. 6. c. 46. The Physical Training and Recreation Act 1937. In section 3(1)(a) and (b), the words “ local authority or ”. In section 10, in subsection (2), the words from “ and for ” onwards, and subsection (9). 1 & 2 Geo. 6. c. 6. The Air-Raid Precautions Act 1937. In section 13, in subsection (4) the words from “ and, as regards ” to the end and subsections (9), (10) and (12). 2 & 3 Geo. 6. c. 31. The Civil Defence Act 1939. In section 91, subsection (2)(d) (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections (15), (18), (19), (25) and (31). 2 & 3 Geo. 6. c. 44. The House to House Collections Act 1939. Section 7. Section 10(e). In section 11(1), the definitions of “ police area ”, “ police authority ” and “ chief officer of police ”. 3 & 4 Geo. 6. c. 31. The War Charities Act 1940. Section 12(h). 9 & 10 Geo. 6. c. 15. The Public Health (Scotland) Act 1945. In section 1(8) the definitions of “ county ”, “ large burgh ” and “ small burgh ”. 9 & 10 Geo. 6. c. 42. The Water (Scotland) Act 1946. Section 3. In section 9, the words from “ and the Secretary ” onwards. In section 12(3), the words “ against an authority ” and “ to the authority ”. Section 18(2). In section 24(1), the proviso. In section 29(2), in the proviso, the words from “ and any ” onwards. In section 53, in subsection (1), the words from “ in accordance ” to “ may make ”, and subsection (4). In section 84(1) the definition of “ county ”. In Schedule 4, in paragraph 19, the words from “ Any dispute ” onwards, and in paragraph 24(2), the words from “ or as ” onwards. 9 & 10 Geo. 6. c. 77. The Association of County Councils (Scotland) Act 1946. The whole Act. 10 & 11 Geo. 6. c. 22. The Civic Restaurants Act 1947. In section 1, in subsection (1), paragraph (i) of the proviso, subsection (2) and, in subsection (3), the words from “ including ” to “ powers ”. Section 2. In section 3, in subsection (5), the words from “ or where ” onwards, subsection (6) and, in subsection (7), the words from “ or a county ” to “ powers ”, and the words from “ subject ” to “ 1929 ”. 10 & 11 Geo. 6. c. 41. The Fire Services Act 1947. In section 36(2), the words between “ Secretary of State ” and “ for any reference to a combination scheme ”. Schedule 4. . . . . . . . . . 10 & 11 Geo. 6. c. 43. The Local Government (Scotland) Act 1947. Sections 1 to 178. In section 179, paragraphs (2), (4), (5) and (6). Sections 180 to 186. Sections 188 to 192. Section 194. Sections 196 to 215. Sections 217 to 220. In section 221, the words “ corresponding to or as nearly as may be to the year ”. In section 223, the proviso. Sections 224 to 227. In section 229, subsection (2); and, in subsection (3), the words “ or of the provisions of any local Act ” and the words from “ and the provisions ” to the end. Section 230. In section 231, the words “ and save as otherwise provided in any local Act ”, the words “ the office of the collector of the authority or at ” and the word “ other ”. In section 232, in subsection (1), in the proviso, paragraph (c). In section 234, the words from “ made up under ” to the end. In section 235(1), the words from the beginning to “ 1911 ”. In section 237, subsection (2)(f). In section 238, subsection (4). Section 239. In sections 240 and 241, the words from the beginning to “ 1920 ”. In section 243, in subsection (1),the words “ in a local Act or ”. Sections 245 and 246. In section 252, the words from “ whether such expenses ” to “ county council ”. Sections 255 to 257. In section 258, in subsection (1), paragraph (e) and, in paragraph (g), the words from the beginning to “ town council ”; and, in subsection (3), the words from “ and gives ” to the end. In section 259, in subsection (1), paragraph (a); and subsections (2) and (3). In section 260, in subsection (1), in paragraph (e), the words “ in the case of a county council or town council ”; and subsection (2). In section 261, in subsection (1), the words “ on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act ” and the words from “ and all money ” to “ pari passu ”. In section 262(1), in paragraph (b) of the proviso, the words from “ in order ” to “ relates ” and the words from “ in accordance ” onwards. In section 263, in subsection (1), the words “ or under a local Act ”. In section 264, subsection (4). In section 265, in subsection (5), the words “ with the sanction of the Secretary of State ”. In section 266, in subsection (1), the words from “ and if it appears ” to the end; in subsection (3), the words “ with the consent of the Secretary of State ”; and, in subsection (4), the words “ subject to obtaining the consent of the Secretary of State ” and the words “ with the like consent ”. In section 268, in subsection (2), the words from “ Where the treasurer ” to the end. In section 269, in subsection (1), in the proviso, paragraph (a). Section 270. In section 271, in subsection (1), the words from “ by a county council ” to “ section ” and subsection (2). In section 274, the proviso. In section 275, subsection (3). In section 279, the words “ with consent of the Secretary of State ”; and, in the proviso, in paragraph (i), the words from “ shall require ” to “ fund or ”, and paragraph (ii). Sections 297 to 317. Sections 319 to 376. Schedules 1 to 5. In Schedule 7, in Form (1), in Note (1), the words “ of the burgh ”; in Note (2), the word “ district ”; and Note (3). Schedules 9 and 10. 10 & 11 Geo. 6. c. 53. The Town and Country Planning (Scotland) Act 1947. In section 113(1), the definitions of “ large burgh ” and “ small burgh ”. In Schedule 8, the item relating to the Electricity (Supply) Act 1919. 11 & 12 Geo. 6. c. 26. The Local Government Act 1948. Section 17. Sections 21 and 22. Section 24. Sections 26 to 32. Section 101. Part VI. Sections 129 to 132. Sections 134 and 135. Section 138(2). In section 145, in subsection (2), the definitions of “ large burgh ” and “ small burgh ”. 11 & 12 Geo. 6. c. 29. The National Assistance Act 1948. In section 64(1), the definition of “ large burgh ”. In section 65, paragraphs (a) and (b). 11 & 12 Geo. 6. c. 45. The Agriculture (Scotland) Act 1948. Section 79. Schedule 7. 11 & 12 Geo. 6. c. 46. The Employment and Training Act 1948. Section 10(2)(b) and (c). Section 19(4). 11 & 12 Geo. 6. c. 65. The Representation of the People Act 1948. Part V. Schedule 7. 12, 13 & 14 Geo. 6. c. 5. The Civil Defence Act 1948. Section 2(2)(b). 12 & 13 Geo. 6. c. 31. The Water (Scotland) Act 1949. Section 2(2)(b). In section 4(3), the words “ subject to the provisions of subsection (5) of section 16 of this Act ”. Section 8(2). Section 14. Section 16(5). 12 & 13 Geo. 6. c. 32. The Special Roads Act 1949. In section 21(1), the definition of “ large burgh ”. 12, 13 & 14 Geo. 6. c. 47. The Finance Act 1949. In section 15, subsection (1)(a), in subsection (3), the words “ the Hawkers Act 1888, or ” and subsection (5). 12 & 13 Geo. 6. c. 68. The Representation of the People Act 1949. In section 11(2)(b), the words “ or, in Scotland, each electoral division ”. Section 30. Section 31. Section 32. Section 36. Section 37(3). In section 40(2), the words from “ in England ” to “ in Scotland ”. In section 41(2), the words “ Except in Scotland ”. In section 43, in subsection (1), the words from “ and there shall be paid ” onwards, and subsection (8). In section 52(2), in paragraph (a), the words “ or, in the case of an election of town councillors to the town clerk ”. In section 55(6), in paragraph (b), the words “ in England and Wales ”, and paragraph (c). In section 83(4), the word “ district ”. In section 86(4), the words “ town clerk or town clerk depute ” where they first occur. In section 173, in subsection (2), the words from the beginning to “ town councillor and ”; subsection (3); and in subsection (8), the definitions of “ assessor ”, “ burgh ”, “ large burgh ”, and “ small burgh ” and “ elected district councillor ”. Schedule 3. In Schedule 8, in paragraph 5, in sub-paragraph (1), so much of the Table as relates to the Local Government (Scotland) Act 1947, and sub-paragraphs (4), (5) and (6). 12 & 13 Geo. 6. c. 74. The Coast Protection Act 1949. Section 1(3). Section 3. Section 20(7). In section 21, subsections (1)(c) and (3)(b). In section 29, subsections (3) to (7). Section 42. In section 49(4) the words “ maritime county borough or county district ” and the definition of maritime burgh or county. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. In section 78(1), the definitions of “ large burgh ” and “ small burgh ”. 12, 13 & 14 Geo. 6. c. 97. The National Parks and Access to the Countryside Act 1949. Section 21(7). Section 104(11). 14 Geo. 6. c. 24. The Highways (Provision of Cattle Grids) Act 1950. Section 14. Section 16(4). Section 18. 14 Geo. 6. c. 36. The Diseases of Animals Act 1950. In section 43, the words “ with the sanction of the Minister ”. Section 60. Section 61(7). Section 64(2). Section 68. Schedule 4. 14 & 15 Geo. 6. c. 15. The Local Government (Scotland) Act 1951. The whole Act. . . . . . . . . . 14 & 15 Geo. 6. c. 66. The Rivers (Prevention of Pollution) (Scotland) Act 1951. Sections 2 to 5. Section 6(2). Section 8. In section 10, subsections (2) to (4). Section 11. Section 15. In section 18(4), the proviso. Section 26(5). Section 28(9). In section 29(4), the words from “ subject ” onwards. In section 30(1), the words “ river purification boards or ”. In section 35, in subsection (1) the definitions of “ largo burgh ”, “ small burgh ”, and subsection (2). In Schedule 1, in paragraph 7, sub-paragraphs (a) and (b). In Schedule 3, paragraphs 1 and 3. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61 The Prisons (Scotland) Act 1952. In section 31(3), the words “ burgh magistrates or ”. In section 37(2), the words “ remand home or ”, where first occurring, and the words “ remand home ”, where they subsequently occur. Section 38. Section 41. In section 42(1), the definition of “ remand home ”. 1 & 2 Eliz. 2. c. 36. The Post Office Act 1953. Section 51(5)(c). 1 & 2 Eliz. 2. c. 50. The Auxiliary Forces Act 1953. In section 2(1), in the definition of “ joint association ” the words from “ consisting ” to “ other area ”. Section 47. Part II of Schedule 3. 2 & 3 Eliz. 2. c. 13. The Local Government (Financial Provisions) (Scotland) Act 1954. Sections 1 to 9. 3 & 4 Eliz. 2. c. 27. The Public Libraries (Scotland) Act 1955. Section 3. 4 & 5 Eliz. 2. c. 30. The Food and Drugs (Scotland) Act 1956. In section 21, in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards, and subsections (2) and (3). Section 22(2). Section 27(3). 4 & 5 Eliz. 2. c. 52. The Clean Air Act 1956. Section 31(7)(c). 4 & 5 Eliz. 2. c. 60. The Valuation and Rating (Scotland) Act 1956. In section 1, subsections (1) to (4); in subsection (5), the words “ under this section ”; subsection (6); in subsection (7), the words “ appointed under this section ”. Section 4. In section 5, in subsection (1), paragraph (i) and, in paragraph (j), the words from “ or in any burgh ” to “ that burgh ”. In section 16(3), the words from “ of the House ” to “ 1920, or ”. In section 21, in subsection (1), the words “ are situated within the landward area of a county and ”. Section 26. Section 31. Section 37. Section 40. In section 43, in subsection (1), the definitions of “ burgh ”, “ large burgh ” and “ rating authority ”. Schedule 6. 5 & 6 Eliz. 2. c. 40. Act 1957. The Thermal Insulation (Industrial Buildings) In section 4(3) as set out in its application to Scotland, section 12(5), the words “ or, as the case may be, the plans of the building were approved by the local authority ”. 5 & 6 Eliz. 2. c. 48. The Electricity Act 1957. In section 33, subsections (1) and (3). 6 & 7 Eliz. 2. c. 33. The Disabled Persons (Employment) Act 1958. Section 3(4). The Schedule. 6 & 7 Eliz. 2. c. 36. The Physical Training and Recreation Act 1958. Section 1(3). 6 & 7 Eliz. 2. c. 40. The Matrimonial Proceedings (Children) Act 1958. In section 15, the words from “ and the expression ” onwards. 6 & 7 Eliz. 2. c. 64. The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958. Sections 1 to 6. Section 8. Section 18. Schedules 1 to 3. In Schedule 4, paragraph 4 and Part II. 6 & 7 Eliz. 2. c. 69. The Opencast Coal Act 1958. In section 52(2), the words “ local authority ”. In Schedule 1, in paragraph 4(b), the words “ being the council of a county, county borough or county district ” and, in paragraph 11, the words “ to a county borough, to a county district ” and the words “ to a burgh, to a district ”. 7 & 8 Eliz. 2. c. 24. The Building (Scotland) Act 1959. Section 1. In section 2, subsections (1) to (3). In section 6, subsection (8)(a), and, in subsection (9), the words “ or (b) by a local authority to demolish any building ”. Section 7. Section 8(3). In section 9, subsections (7) and (8). In section 10(2) the words “ and the local authority shall thereupon be entitled to act accordingly ”. In section 18, subsection (2), in subsection (4), the words “ the buildings authority or ” where they first occur and the words “ or (2) ” and in subsection (7) the words “ or subsection (2) ”. Section 20(2). Section 21. In section 25, in subsections (2) and (3), the words “ a buildings authority or ”. Section 27. In section 29, in subsection (1) the definitions of “ buildings authority ”, “ burgh ”, “ landward area ” and “ master of works ”, subsections (6) and (7), in subsection (8) the words “ two or more buildings authorities or ” and “ such one of those buildings authorities or, as the case may be ” and subsection (9). In section 30(1), the proviso. Schedules 1 and 2. In Schedule 3, in the heading, the words “ paragraph (a) of ”. In Schedule 6, in paragraph 1 the words “ or a master of works ”. Schedule 8. In Schedule 9, paragraphs 2 and 3. 7 & 8 Eliz. 2. c. 44. The Fire Services Act 1959. Section 7(2). 7 & 8 Eliz. 2. c. 51. The Licensing (ScotIand) Act 1959. In section 6, the words “ or at a special meeting of the magistrates ”. Section 11. In section 13, the words from “ or ” to “ 1949 ”. Sections 15 and 16. In section 18(2), the words from “ burgh ” to “ county ”. In section 29(1), the words “ or town clerk ”. Section 114(1). In section 168(1), the words “ or other area ”. In section 169(4), the words from “ either ” (where it first appears) to “ case ”. In section 175(1), the words from “ or, if the premises ” to “ to a magistrate ” and the words “ or magistrate ”. In section 195, the words “ town clerk ”. In section 199(1), the definition of “ burgh licensing court ” and “ county licensing court ”, and, in the definition of “ licensing court ”, the words “ or two ”. In Schedule 2, in Forms 1 and 3, the words “ parish of and ”; and in Form 2, the words “ burgh of and ”. In Schedule 3, in Form 1, the words “ in the parish (or burgh) of and county of ”. 7 &8 Eliz. 2. c. 70. The Town and Country Planning (Scotland) Act 1959. Section 28. Section 29(2). 8 &9 Eliz. 2. c. 16. The Road Traffic Act 1960. In section 121(4), the words from “ In the application ” onwards. 8 & 9 Eliz. 2. c. 31. The Highlands and Islands Shipping Services Act 1960. In section 5, in the definition of “ Highlands and Islands ”, the words from “ inclusive ” onwards. 8 & 9 Eliz. 2. c. 62. The Caravan Sites and Control of Development Act 1960. Section 27. Section 32(5). 9 & 10 Eliz. 2. c. 32. The Local Authorities (Expenditure on Special Purposes) (Scotland) Act 1961. The whole Act. 9 & 10 Eliz. 2. c. 34. The Factories Act 1961. In section 47(1), the word “ either ” and the words from “ or, where ” to the end. In section 94(3), the words “ in burghs ”. In section 153(3), the words “ a county council and ”. Section 181(3). Section 182(2). 9 & 10 Eliz. 2. c. 40. The Consumer Protection Act 1961. In section 6(3)(b), the words from “ but as if ” onwards. 9 & 10 Eliz. 2. c. 41. The Flood Prevention (Scotland) Act 1961. Section 5. Section 11(5). In section 15(1), the definition of “ burgh ”. 9 & 10 Eliz. 2. c. 43. The Public Authorities (Allowances) Act 1961. Section 2. 10 & 11 Eliz.2. c. 9. The Local Government (Financial Provisions etc.) (Scotland) Act 1962. Section 1. Section 11. 10 & 11 Eliz.2. c. 47. The Education (Scotland) Act 1962. In section 12(1), the words “ of a county ”, the words “ not only ” and the words from “ but also ” to the end. In section 13, the words from “ and shall ” onwards. In section 20, in subsection (1A), paragraph (a) and the words “ acquisition or ”. Section 23. In section 25, in subsection (1)(c), the words “ with the approval of the Secretary of State ”, and subsection (2). In section 66(7), the proviso. In section 85, in subsection (4), the words from “ and for any sub-committee ” to “ control of the authority) ”. In section 86, in subsection (1), the words from “ and, on a vacancy ” onwards, and subsection (2). Sections 88, 89, 90 and 91. In section 145, paragraph (15). 10 & 11 Eliz. 2. c. 51. The Licensing (Scotland) Act 1962. In Schedule 1, the words “ parish of and ”, in both places where they occur. 1963 c. 2. The Betting, Gaming and Lotteries Act 1963. In Schedule 1, in paragraph 1(b), the words “ or 2 ”. In Schedule 2, paragraph 1(2), (3), (4) and (6), and paragraphs 2 and 3. In Schedule 3, in paragraph 2(b), the words “ or committee ”. In Schedule 6, paragraph 2. 1963 c. 12. The Local Government (Financial Provisions) (Scotland) Act 1963. Sections 1 and 2. Sections 4 and 5. In section 7, subsection (5). Section 8. In section 9, subsection (2); in subsection (4), the words “ to county councils and town councils ”; and subsection (7). Section 16. In section 19, in subsection (2), the words “ the expression “local authority” includes a district council, and ”. In section 20, subsection (2). In section 21, subsection (2). Schedule 1. 1963 c. 21. The Education (Scotland) Act 1963. Section 4. 1963 c. 31. The Weights and Measures Act 1963. In section 4(1) the words “ Subject to section 37 of this Act ”. In section 4(2), the words “ and approved for the purpose by the Board ”. In section 5(1) the words “ and to section 37 of this Act ”. In section 5(3), the words “ and approved for the purpose by the Board ”. Section 37. Section 40(2). In section 41, in subsections (1) and (2) the words “ Subject to section 37 of this Act ”. In section 44(1), the words “ with the consent of the Board ”. Section 47. 1963 c. 41. The Offices, Shops and Railway Premises Act 1963. In section 52(3), paragraph (a) and, in paragraph (c), the words “ the council of a county ”. 1963 c. 43. The Animal Boarding Establishments Act 1963. In section 1(2), the words “ not exceeding £2 ”. 1964 c. 40. The Harbours Act 1964. In section 57(1), in the definition of “harbour”, the words “ ferry or ”. 1964 c. 67. The Local Government (Development and Finance) (Scotland) Act 1964. In section 1, subsections (2) and (3). Section 5. Section 6(3). In section 8, subsections (2) and (5). In section 9, in subsection (1), paragraph (b); and subsections (2) and (4). In section 10, subsection (2). Section 15. 1965 c. 13. The Rivers (Prevention of Pollution) (Scotland) Act 1965. Section 1(10). In section 3(2), the words from “ and the proviso ” to the end. 1965 c. 41. The Local Government (Scotland) Act 1947 (Amendment) Act 1965. The whole Act. 1965 c. 49. The Registration of Births, Deaths and Marriages (Scotland) Act 1965. In section 8(5), the words from “ by their ” to “ town clerk ”. In section 56(1), the definition of “ local authority ”. 1965 c. 57. The Nuclear Installations Act 1965. In section 3(3)(d), the words “ or local ”. 1966 c. 9. The Rating Act 1966. In section 2, in subsection (1), in paragraph (b), the words from “ under the House ” to “ 1920, or ”; and, in subsection (12), in paragraph (b), the words from “ or any corresponding provision ” to the end. In section 4, in subsection (5), the words “ or any provision for like purposes contained in any local Act ” and the words from “ or any such provision ” to the end. Sections 5 to 8. 1966 c. 20. The Ministry of Social Security Act 1966. In Schedule 4, paragraph 2(5). 1966 c. 49. The Housing (Scotland) Act 1966. Section 98. In section 107, in subsection (2), the words from “ who are not ” to “ another fire authority ”. In section 147, the words “ subject to the approval of the Secretary of State ”. Sections 173 and 174. In section 184, the words “ the sanitary inspector or ”. In section 185(1)(b), the words “ the sanitary inspector or ” and the words “ of such officer or ”. In section 193, in subsection (1)(a), in head (i), the word “ or ” occurring at the end, and head (ii). Section 201. In section 208(1), the definitions of “ burgh ” and “ large burgh ”. 1966 c. 51. The Local Government (Scotland) Act 1966. In section 2, in subsection (2), in paragraph (b), the words “ and grants under the Rating Act 1966 ”. Section 11(3). Section 28(5). In section 30, subsections (3) and (4). Sections 31 and 32. Section 33(2). Sections 36, 37 and 39. In Schedule 1, in Part I, paragraph 2; and, in paragraph 5(2), the words from “ and joint ” to “ constituent councils ”. In Schedule 1, in Part II, in paragraph 1, the words from “ shall be payable ” to “ burgh, but ”; and paragraph 3. In Schedule 2, in paragraph 19(a), the words “ and, where appropriate, the separately rated areas ”; paragraph 22; and, in paragraph 27, the definitions of “ burgh ” and “ separately rated area ”. In Schedule 5, paragraphs 1 and 4. 1967 c. 8. The Plant Health Act 1967. In section 5(2), the words from “ in such manner ” to “ direct ”. In section 6(3), the words from “ in such ”, where first occurring, to “ direction ”. 1967 c. 69. The Civic Amenities Act 1967. In section 18, in subsection (7), the words “ Subject to the following subsection ” and the words from “ so however ” onwards, subsection (8) and, in subsection (9), the words “ or subsection (8) ”. 1967 c. 76. The Road Traffic Regulation Act 1967. In section 21, subsection (2), in subsection (6), the words from “ and in relation to ” to the end, and subsection (7). In section 29, in subsection (1), the words from “ exercisable ” to “ by him ”, and subsection (2). In section 31(2), the words from “ and where ” onwards. In section 37(5), the words “ in the prescribed manner ”, and the words from “ and in this ” onwards. In section 44, in subsection (2), in the proviso, the words from “ but shall not ” onwards, and in subsection (3)(c) the words “ with the consent of the appropriate Minister ”. In section 69(3), the words from “ but where ” to the end. Section 76(3). Section 105. 1967 c. 77. The Police (Scotland) Act 1967. Section 4(3). In section 15 in subsection (3), the words “ the magistrates of any burgh comprising any part of the area ”, and in subsection (5) the words “ to the magistrates of any burgh, or ” and the words “ respectively, of the burgh or ”. In section 17(3), paragraph (a) and, in paragraph (b), the words from the beginning to “ burgh ”. In section 19, in subsection (2), paragraph (e). In section 51, in subsection (1), the definition of “ burgh ”, and subsection (2). Schedule 1. 1967 c. 78. The Water (Scotland) Act 1967. Sections 1 and 2. In section 5, subsection (1)(a), in subsection (1)(c) the words “ any region, or ” and subsection (3) so far as relating to new regional water boards. Section 8. . . . . . . Part III. Section 28. Section 29 so far as relating to regional water boards. In section 33, in subsection (4), the words “ all local authorities whose districts are affected by the order and ” and paragraph (a). In section 34(1), the definitions of “ constituent council ”, “ local authority ”, “ region ” and “ regional water board ”, in the definition of “ first appointed day ”, the words “ 1(4)(a) or ” and, in the definition of “ second appointed day ”, the words “ 1(4)(b) or ”. In Schedule 1, Part I. In Schedule 2, paragraph 13. Schedule 4 so far as relating to regional water boards, and the following provisions of that Schedule so far as relating to water development boards— paragraph 5(2) and (3), in paragraph 10, the word “ triennial ”, in paragraph 18, the word “ county ”, wherever it occurs, and paragraph 25. 1967 c. 86. The Countryside (Scotland) Act 1967. In section 2, in subsection (1), the words from “ or, before ” onwards, in subsection (2), in paragraph (b), the words “ burghs or other ” and paragraph (d), and subsection (8). In section 41(1)(b), the words “ with the approval of the Secretary of State ”. In section 49, subsections (6) and (7). In section 78(1), the definition of “ district council ”. 1968 c. 16. The New Towns (Scotland) Act 1968. Section 33. In section 34, in subsection (1), the words “ or, as the case may be, regional water board ”, where twice occurring, in subsection (2), the words “ or as the case may be, regional water board ”, where twice occurring, and the words “ or board ”, and, in subsection (3), the words “ or regional water board ”, where twice occurring. In section 41(2), the words from “ so far ” to “ a county ”. In section 47, in subsection (1), the definition of “ regional water board ”, in subsection (6), the words “ or regional water board ”, and subsection (7). 1968 c. 27. The Firearms Act 1968. In section 46(1), the words from “ or any magistrate ” to “ Police Act ”. 1968 c. 29. The Trade Descriptions Act 1968. In section 26(1) the words from “ and section 37 ” to the end. 1968 c. 31. The Housing (Financial Provisions) (Scotland) Act 1968. In section 51, subsection (3). 1968 c. 46. The Health Services and Public Health Act 1968. In section 65(6), in subsection (2A), the last paragraph and, in subsection (2B), paragraph (b). 1968 c. 47. The Sewerage (Scotland) Act 1968. In section 3(4), the words from “ otherwise ” to “ 5 below ”. Section 5. In section 6, the words “ by virtue of an agreement under section 5 above or ”. Section 7(4). In section 10(1), the words “ and approved by the Secretary of State ”. In section 16(1), in paragraph (b), the words from “ whether ” where first occurring, to “ and ”, and in paragraph (c), the words from “ whether ” onwards. In section 18, subsections (4) to (6). Section 19. In section 59(1), the definitions of “ area ”, “ burgh rate ”, “ county rate ” and “ special district sewer rate ”. In Schedule 1, paragraph 1. 1968 c. 49. The Social Work (Scotland) Act 1968. Section 1(3) and (6). Section 2(3). In section 22, the words “ the Secretary of State or ”. In section 36, in subsection (1), the words “ in accordance with the provisions of this section ”, and subsections (3) and (7). In Schedule 3, in paragraph 3, the words after “ Secretary of State ”. 1968 c. 54. The Theatres Act 1968. In section 15(1), the words from “ and in relation ” onwards. 1968 c. 65. The Gaming Act 1968. In Schedule 9, paragraph 2. In Schedule 11, Part II. 1968 c. 73. The Transport Act 1968. In section 9(2), sub-paragraph (i). In section 10(1)(xvi), the words “ and the consent of the Minister ”. Section 11(4). Section 11(5). In section 12(4), the words “ with the consent of the Minister ”. In section 14(3), the words “ and to each of the councils of constituent areas ”. In section 16, in subsection (2), the words from “ and (d) ” onwards, and subsections (3), (4) and (5). In section 18, in subsection (1), the words “ to the Minister and ”, and in subsection (2), the words “ to the Minister and ”. Section 21(5)(a). In section 36, in subsection (2), the words “ subject to subsection (3) of this section ” and subsections (3) to (8). In section 37, in subsection (1), the words from “ with the consent ” to “ State ”, and subsection (2). Section 58. In section 123, the words from “ and ” at the end of subsection (1)(a) to the end of the section. Section 138(7), (8) and (9)(a). Section 151. In Schedule 5, Part I, and, in Part III, paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17, in paragraphs 6, 7 and 9, the words “ the Authority and ” and “ respectively ” in each place where they occur, in paragraph 8, the words “ the Authority or ” and “ the Chairman of the Authority or, as the case may be ”, in paragraph 11, the words “ the Authority or ” in sub-paragraph (a) and “ the Authority ” in sub-paragraph (b), and, in paragraph 13, the words “ the Authority or ”, in both places where they occur, and “ the Authority ”, where those words last occur. In Schedule 16, paragraph 8(1)(d)(ii). 1969 c. 13. The Licensing (Scotland) Act 1969. The whole Act. 1969 c. 15. The Representation of the People Act 1969. Section 6(1). In section 11(3), the words “ or, in Scotland, an electoral division ”. Section 12(2). Section 13(4). In section 13(5), the words “ and rule 18 of those in Schedule 3 ”. In section 14 the words “ and the local elections rules ”. Section 15. Section 19(2) and (4). In Schedule 1, in Part I the words from “ In Schedule 3 (Scottish local elections rules) ” onwards. In Schedule 1, in Part II, paragraph 1(1); paragraph 3; in paragraph 4, the words “ and rule 13 of the Scottish rules ”; paragraph 6(2); paragraph 7; in paragraph 9, the words “ and in rule 37(1) of the Scottish rules ”; in paragraph 10(1), the words “ and in rule 37(3) of the Scottish rules ”; in paragraph 12(1) the proviso; and paragraph 13(3) and (5). In Schedule 2, in paragraph 23, sub-paragraph (2); in paragraph 25, sub-paragraph (1), and in sub-paragraph (2) the words “ and rule 24 of the local elections rules in Schedule 3 ”; in paragraph 26, sub-paragraph (3); in paragraph 27, the words “ and in rule 26 of the local elections rules in Schedule 3 ”; in paragraph 28, the words “ and in rule 33(3)(b) of the local elections rules in Schedule 3 ”; in paragraph 29, subparagraph (2); in paragraph 30, the words “ and rule 41(4) of the local elections rules in Schedule 3 ”; in paragraph 32, the words from “ and a Note ” onwards; in paragraph 33, the words from “ and a note ” onwards; paragraphs 34, 35 and 36; and in paragraph 37, the words “ and in that to Schedule 3 ”. 1969 c. 19. The Decimal Currency Act 1969. In Schedule 2, paragraph 10. 1969 c. 41. The National Mod (Scotland) Act 1969. The whole Act. 1969 c. 49. The Education (Scotland) Act 1969. In section 2(1), the words “ (other than the town council of a burgh being a county of a city) ”. In Schedule 4, in paragraph 7(2), the proviso. 1969 c. xxiv. The Tweed Fisheries Act 1969. Section 3. In section 5(2) the words from “ but ” onwards. 1970 c. 9. The Taxes Management Act 1970. In section 5(2), the words from “ in the county ” onwards. 1970 c. 20. The Roads (Scotland) Act 1970. In section 4(1)(d), the words “ in special scavenging districts ”. In section 28(3), the definition of “ local authority ”. 1970 c. 39. The Local Authorities (Goods and Services) Act 1970. In section 2(2), the words from “ and, in relation ” onwards. 1970 c. 40. The Agriculture Act 1970. Section 93. In section 97(1), the words from “ at any time ” to “ 1969 ”. 1971 c. 7. The Local Authorities (Qualification of Members) Act 1971. The whole Act. 1971 c. 28. The Rent (Scotland) Act 1971. In sections 36(1) and 47(1), the definition of “ rates ”. In section 37, in subsection (2), the words from “ and for the purposes ” to the end, and subsection (6). In section 69, in subsection (l), the definition of “ local authority ”, and, in subsection (4), the words from “ In this ” onwards. In section 82, the definition of “ local authority ”. In section 85(1), the words from “ and which is situated ” to the end. Section 97(1). Section 106(9). Section 125(4). In Schedule 8, paragraph 1(6)(c) and, in paragraph 1(8)(b) the words from “ other than ” to “ 1920 ”. 1971 c. 40. The Fire Precautions Act 1971. In section 17, in subsection (1), in paragraph (ii), the words “ section 1 of ”, and in subsection (2) the words “ or buildings authority ”. 1972 c. 20. The Road Traffic Act 1972. In section 43(3), the words “ or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947 ”. Section 197. 1972 c. 52. The Town and Country Planning (Scotland) Act 1972. Sections 1, 2 and 3. In section 9, subsections (1) and (2). In section 10(2), the words from “ (but not ” to “ local plan) ” In section 13(3), the words from “ but as if ” to the end. In section 25(1), the word “ either ” and the words from first “ or ” onwards. In section 28 subsections (2) and (3). In section 43, in subsection (1), the words from “ and (b) ” onwards, and in subsection (3), the words from “ and the notice ” onwards. In section 63(1), the words from “ then ” to “ State ”. In section 84(1), the words from “ to any ” to “ State and ”. In section 96(1), the words from “ may give ” to “ notice, or ”. In section 107(3), the words “ application for ”. In section 109(1), the words “ with the consent of the Secretary of State ”. In section 111(1), the words “ and confirmed by the Secretary of State ”. In section 112, subsections (2) and (3). In section 113, subsection (2), in subsection (3), the words from “ except ” to “ State ”, and, in subsection (6), the words from “ and on the ” to “ under this section ”. In section 114, subsections (3) and (4). In section 115, in subsection (1), the words from “ and the Secretary ” onwards, and subsection (2). In section 118, in subsection (1), the proviso, subsection (2) and, in subsection (3), the words from the beginning to “ regulations ”. In section 153(1), the words from “ (other ” to “ State) ”. In section 204(7), the words from “ and ” onwards. Section 242(3). In section 260, in subsection (1) the words from “ may give ” to “ confirmation or ”, in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ”, and the words from “ may give ” to “ notice or ”, and in subsection (6), the words “ council or ”. Section 261. . . . In section 275(1), the definitions of “ joint planning committee ”, “ large burgh ” and “ small burgh ”. Schedules 1 and 2. In Schedule 10, paragraph 3 and in paragraph 10, the words from “ may give ” to “ confirmation, or ”. In Schedule 22, paragraph 69. 1972 c. 58. The National Health Service (Scotland) Act 1972. In Schedule 6, paragraph 132. 1973 c. 28. The Rate Rebate Act 1973. The whole Act.
Section 29(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.
Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.
Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.
Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.
Information relating to the adoption, care, fostering or education of any particular child or where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) information relating to the order.
Information relating to the financial or business affairs of any particular person (other than the authority).
Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).
The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.
Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.
The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with— (whether, in either case, proceedings have been commenced or are in contemplation).
any legal proceedings by or against the authority, or
the determination of any matter affecting the authority,
Information which, if disclosed to the public, would reveal that the authority proposes—
to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
to make an order or direction under any enactment.
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
The identity of a protected informant.
Information relating to a person of a description specified in any of paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to a person of that description in the capacity indicated by the description.
Information falling within paragraph 6 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—
the Companies Acts (as defined in section 2(1) of the Companies Act 2006);
the Friendly Societies Act 1974;
the Industrial and Provident Societies Acts 1965 to 1978; or
the Building Societies Act 1962.
Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against such other persons.
Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.
Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.
Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee or relevant body in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—
Act not in force at Royal Assent see s. 238(2); Act wholly in force 16.5.1975 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 Unreliable marginal note. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)-(9), 147(2)(6)-(8), 155(2)(3)(5)-(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2-12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes In Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991 The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. The text of Schs. 9, 12, 13, 14, 15, 17(2)–(64), 18, 23, 24, 25, 27 Pt. II, 28, 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 1 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 3 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 3A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 4 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 5 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Ss. 6–10 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II S. 11 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 12 cross-heading substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(14); S.S.I. 2021/124, reg. 2, sch. S. 12 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(11); S.S.I. 2021/124, reg. 2, sch. Words in s. 12(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 28(2)(a), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 12(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 13 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(b); S.S.I. 2021/124, reg. 2, sch. Word in s. 13 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 13 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(a); S.I. 1996/323, art. 4(1)(c), Sch. 2 Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(b); S.I. 1996/323, art. 4(1)(c), Sch. 2 Words in s. 14(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(2)(c); S.I. 1996/323, art. 4(1)(c), Sch. 2 Words in s. 14(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(i); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(ii); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Word in s. 14(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(5)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(iii); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 14(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(b)(iv); S.S.I. 2021/124, reg. 2, sch. S. 14(5) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 62(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 15(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(6)(a); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Word in s. 15(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(7); S.S.I. 2021/124, reg. 2, sch. Words in s. 15(6) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(d); S.S.I. 2021/124, reg. 2, sch. Word in s. 15(6) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(b); S.S.I. 2021/124, reg. 2, sch. S. 16 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 29(1)(b), 35; S.S.I. 2021/124, reg. 2, sch. S. 16(2)(2A) substituted for s. 16(2) (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 29(1)(a), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 16(2A)(a) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 62(3)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 16(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(e); S.S.I. 2021/124, reg. 2, sch. Words in s. 16(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(d); S.S.I. 2021/124, reg. 2, sch. S. 16(4) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 62(3)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Ss. 17, 17A substituted for s. 17 (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(2), 35; S.S.I. 2021/124, reg. 2, sch. (with reg. 3) Words in s. 18(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(i); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(8); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(ii); S.S.I. 2021/124, reg. 2, sch. Word in s. 18(2)(a)(i) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(2)(a)(iii) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. S. 18(2)(aa)(ab) inserted (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(b)(i), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Word in s. 18(2)(ab) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(c); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(2)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. Word in s. 18(2)(d) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(c); S.S.I. 2021/124, reg. 2, sch. S. 18(2A)(2B) inserted (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(b)(ii), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Words in s. 18(2A)(a) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(iii); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(iv); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(8); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(a) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(9); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(3)(a), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(e); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(6)(b); S.S.I. 2021/124, reg. 2, sch. Words in s. 18(3)(b) repealed (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(3)(b), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 18(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(f)(v); S.S.I. 2021/124, reg. 2, sch. Word in s. 18(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(5)(b); S.S.I. 2021/124, reg. 2, sch. Words in s. 19(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(g); S.S.I. 2021/124, reg. 2, sch. Word in s. 19(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(4)(d); S.S.I. 2021/124, reg. 2, sch. Words in s. 19(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(g); S.S.I. 2021/124, reg. 2, sch. S. 20 repealed (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(c), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) S. 21 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(12); S.S.I. 2021/124, reg. 2, sch. Words in s. 21(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(h); S.S.I. 2021/124, reg. 2, sch. Words in s. 21(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(f); S.S.I. 2021/124, reg. 2, sch. Words in s. 21(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(h); S.S.I. 2021/124, reg. 2, sch. Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5) S. 23 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(5); S.I. 1996/323, art. 4(1)(c), Sch. 2 S. 23(1A)(1B) inserted (27.4.1997) by 1997 c. 6, ss. 1, 2(2) Word in s. 24(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(a), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 24(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(b)(i), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 24(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(b)(ii), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 24(5) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(4)(c), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 24(5)(c)(d) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(6)(a); S.I. 1996/323, art. 4(1)(c) Words in s. 24(5)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(6)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Word in s. 24(5)(f) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(6)(b)(ii); S.I. 1996/323, art. 4(1)(c) Word in s. 25(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(5)(a), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 25(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(5)(b), 35; S.S.I. 2021/124, reg. 2, sch. S. 26 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(7), 35; S.S.I. 2021/124, reg. 2, sch. S. 26(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(a), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 26(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(b), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 26(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(c), 35; S.S.I. 2021/124, reg. 2, sch. Words in s. 26(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(d), 35; S.S.I. 2021/124, reg. 2, sch. Word in s. 26(5) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 31(6)(e), 35; S.S.I. 2021/124, reg. 2, sch. S. 27 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(13); S.S.I. 2021/124, reg. 2, sch. Words in s. 27 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(i); S.S.I. 2021/124, reg. 2, sch. Words in definition of "electoral arrangements" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(i); S.I. 1996/323, art. 4(1)(c) S. 28(1): words in definition of "electoral arrangements" inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(d), 17(2); S.S.I. 2007/25, art. 2(2) Definition of "local government area" in s. 28(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(7)(a)(ii); S.I. 1996/323, art. 4(1)(c) Words in s. 28(2) inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(i), 17(2); S.S.I. 2007/25, art. 2(2) Words in s. 28(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(j); S.S.I. 2021/124, reg. 2, sch. Words in s. 28(2) substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(e)(ii), 17(2); S.S.I. 2007/25, art. 2(2) S. 28(3) repealed (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(2), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 Word in s. 29(1) substituted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 8, 17(2); S.S.I. 2004/558, art. 2 Words in s. 29(1) substituted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i) Words in s. 29(1) inserted (1.1.1996) by S.I. 1995/1948, regs. 1(2), 3(2) Words in s. 29(1) substituted (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 3(2), 12(2); S.S.I. 2020/162, reg. 2 Words in s. 29(1) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(1A) repealed (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 4, 12(2); S.S.I. 2020/162, reg. 2 Words in s. 29(2) repealed (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 3(3), 12(2); S.S.I. 2020/162, reg. 2 S. 29(3)(4) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 18, 77, Sch. 1 para. 46(4); S.I. 2006/3412, art. 3, Sch. 1 para. 14(bb)(i) (subject to art. 6); S.I. 2008/1316, arts. 2(2), 4(z)(i) S. 29(5)-(7) inserted (3.8.2020) by Scottish Elections (Franchise and Representation) Act 2020 (asp 6), ss. 3(4), 12(2); S.S.I. 2020/162, reg. 2 Words in s. 29(5) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(6)(b) substituted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(2)(c), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(7) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(2)(d), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 29(8) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(2)(d), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words in s. 30 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 3(2) S. 31(1)(a) repealed (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(1), 17(2); S.S.I. 2004/558, art. 2 Word in s. 31(1) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 13(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1)(ba) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(a), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10) Word in s. 31(1) repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 13(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Words substituted by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 para. 15(b) S. 31(1)(e) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 7(2), 73(2) (with s. 19(2)); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1)(f) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 13(2)(c), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1)(g) and word inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 16(2), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1ZA)-(1ZD) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(5)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(1A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 1(4)(b) Words in s. 31(1)(a)(1A) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(a); S.I. 1996/323, art. 4(1)(c) S. 31(2)(b) substituted by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 75(1), Sch. 7 para. 12 Word in s. 31(2)(b) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 7(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2 S. 31(3A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(8)(b); S.I. 1996/323, art. 4(1)(c) S. 31(3B) inserted (1.4.2008) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 4(b), 227(3) (with s. 223); S.S.I. 2008/115, art. 3(1) (with arts. 4-6, 10) Words in s. 31(3B)(a) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 7(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2 S. 31(3B)(b) repealed (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), s. 57(2), sch. 4; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2) S. 31(4)-(7) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 7(3), 73(2) (with s. 19(2)); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(8) inserted (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 18(5)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 S. 31(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(8)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 31A inserted (20.1.2005) by Local Governance (Scotland) Act 2004 (asp 9), ss. 7(2), 17(2); S.S.I. 2004/558, art. 2 Words in s. 33 substituted (1.4.1996) by S.I. 1996/739, art.7(1), Sch. 1 Pt. I para. 3(2) S. 33A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 30(1) Words in s. 35(1) substituted (1.5.2003) by 2000 asp 7, ss. 29(1)(a), 37 (with s. 31); S.S.I. 2003/74, art. 2(2)(c) S. 35(4) inserted (1.5.2003) by 2000 asp 7, ss. 29(1)(b), 37 (with s. 31); S.S.I. 2003/74, art. 2(2)(c) Words in s. 36 substituted (1.4.1996) by S.I. 1996/739, art. 7(1), Sch. 1 Pt. I para. 3(2) Words in s. 36(c) inserted (1.5.2003) by 2000 asp 7, ss. 29(2), 37, (with s. 31); S.S.I. 2003/74, art. 2(2)(c) Words in s. 36(d) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(4)(6) Words in s. 37(1) substituted (retrospectively) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 4(5)(6) Word in s. 37(2) inserted (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(2)(a) Words in s. 37(2) repealed (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(2)(b) S. 37(2A) inserted (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(3) Ss. 37A-37C inserted (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 34(2), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1 S. 38 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 39 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with ss. 31, 36(2)); S.S.I. 2003/74, art. 2(2)(e) S. 40 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 41 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 42 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) S. 44 repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3 S. 45 repealed (1.4.1991) with savings in s. 45(4) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 2(1); S. 45 expressed to be amended (temp. from 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 and s. 45(4) expressed to be amended (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 S. 45A repealed (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii) Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(1) S. 46(2) repealed by Local Government, Planning and Local Act 1980 (c. 65), Sch. 34 Pt. XVI S. 47(1)(a) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(i) Words in s. 47(1)(b) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(ii) Words in s. 47(1) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(a)(iii) Words in s. 47(1) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34; S.I. 1991/344, art. 3(2)(a) S. 47(3) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(b) S. 47(3A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 25(5) Words in s. 47(3A) substituted (1.4.1991) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1) Sch. 11 para. 34(b); S.I. 1991/344, art. 3(2)(a) Words in s. 47(3A) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(2)(c) Words in s. 47(4) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 47(5) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(10)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 48(1)(a) inserted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(3)(a) Words in s. 48(2) substituted (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(3)(b) S. 49(1)(a) repealed (2.5.2007) by The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(a) S. 49(1)(b) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 S. 49(1)(f) repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 S. 49(1A) repealed (1.4.2023) by The First-tier Tribunal for Scotland (Transfer of Functions of Valuation Appeals Committees) Regulations 2023 (S.S.I. 2023/45), reg. 1(2), sch. 2 para. 5 (with sch. 1 paras. 1-4, 13-20) S. 49(2) substituted (16.1.1990 for certain purposes and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:2), ss. 194(1), 195(2), Sch. 11 para. 35(3); S.I. 1989/2445, art. 4 Words in s. 49(3) omitted (2.5.2007) by virtue of The Local Governance (Scotland) Act 2004 (Allowances and Expenses) Regulations 2007 (S.S.I. 2007/265), reg. 2(4)(b) Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 194(1), Sch. 11 para. 35(4) S. 49A repealed (1.4.1991) with savings by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II; S.I. 1991/344, art. 3(2)(b)(ii), Schedule, para. 3(1); S. 49A amended (1.4.1996) by 1995/3026, arts. 1(2), 13 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(a) Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 26(4)(b) Pt. IIIA (ss. 50A–50K) inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), ss. 2(1), 3 Words in s. 50A(6)(c) substituted (17.9.2003) by The Communications Act 2003 (Consequential Amendments) Order 2003 (S.I. 2003/2155), art. 3(1), Sch. 1 para. 8 Word in s. 50B(4)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(11); S.I. 1996/323, art. 4(1)(c) Word in s. 50E(1)(a) shall cease to have effect (30.9.1996) by S.I. 1996/2278, art. 2(2)(a)(i) S. 50E(1)(c) and the word “and”immediately preceding it inserted (30.9.1996) by S.I. 1996/2278, art. 2(2)(a)(ii) Words in s. 50E(2) substituted (30.9.1996) by S.I. 1996/2278, art. 2(2)(b) S. 50E(3)(a)-(c) substituted (30.9.1996) for words in S. 50E(3) by S.I. 1996/2278, art. 2(2)(c) Word in s. 50F(1)(a) shall cease to have effect (30.9.1996) by S.I. 1996/2278, art. 2(3)(a) S. 50F(1)(c) and the word “or”immediately preceding it inserted (30.9.1996) by S.I. 1996/2278, art. 2(3)(b) Words in s. 50F(1) substituted (30.9.1996) by S.I. 1996/2278, art. 2(3)(c) Words in s. 50G(1)(a) repealed (1.4.1996) by S.I. 1996/739, art. 7(1)(2), Sch. 1 Pt. I para. 3(3), Sch. 2 Words in s. 50H(6) inserted (30.9.1996) by S.I. 1996/2278, art. 2(4) Definition of “relevant body”in s. 50K(1) inserted (30.9.1996) by S.I. 1996/2278, art. 2(5) Words in s. 50K(2)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(12); S.I. 1996/323, art. 4(1)(c) Words in s. 51(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 51(3) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 53(2)(3) substituted for s. 53(2)–(4) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(1) by Sch. 2 para. 3(2) it is provided that para. 31(1) has no effect as regards the operation of s. 53 in relation to proposals which were submitted to the Secretary of State before 11.6.1981 under s. 53(3)) S. 53(4) repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), s. 25, Sch. 2 para. 31(2), Sch. 4 (by Sch. 2 para. 31(2) it is provided that para. 31(1) and, in so far as relating to s. 53, Sch. 4 to that Act have no effect as regards the operation of s. 53 in relation to proposals which, before 11.6.1981, were submitted to the Secretary of State under s. 53(3)) S. 54 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words in s. 55 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(13); S.I. 1996/323, art. 4(1)(c) S. 56(2) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 32 S. 41(6) substituted (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 36; S.I. 1992/2183, art. 2(c) (with art. 3). S. 56(6)(a)(c) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(14)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 56(6)(e) inserted (1.4.2010) by The Local Government Investments (Scotland) Regulations 2010 (S.S.I. 2010/122), reg. 5 S. 56(6A) repealed (1.3.2020) by Planning (Scotland) Act 2019 (asp 13), ss. 27(1), 63(2); S.S.I. 2019/385, reg. 3 S. 56(6B)(6C) inserted (23.1.2017) by Community Empowerment (Scotland) Act 2015 (asp 6), ss. 86(10), 142(1); S.S.I. 2016/363, art. 3(b) Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) S. 56(7A) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 57(a), 72(2); S.S.I. 2014/231, art. 2 S. 56(9)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I. 2005/392, art. 2(k) S. 56(9)(b) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 56(9)(c) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(14)(b)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 56(9)(d) repealed (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 2 S. 56(11)–(13) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII S. 56(16) added (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 57(b), 72(2); S.S.I. 2014/231, art. 2 Words repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 and otherwise prosp. (with saving)) by Local Government and Housing Act 1989 (c. 42, SIF 81:1), ss. 14(6)(8)(a), 194(4), 195(2), Sch. 12 Pt. II S. 60 repealed (1.5.2003) by 2000 asp 7, ss. 36(1), 37, Sch. 4 (with s. 31); S.S.I. 2003/74, art. 2(2)(e) Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6 Ss. 62A-62C inserted (1.4.1996) by 1994 c. 39, s. 20; S.I. 1995/702, art. 6 S. 63 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 63A repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 2; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 64(5)(a) repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with s. 77); S.S.I 2005/392, {art. 2(k)} S. 64(5)(b) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI S. 64(5)(bb) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1), 333(2)-(4), Sch. 4 para. 2; S.S.I. 2005/161, art. 3 (as substituted by S.S.I. 2005/375) S. 64(5)(c)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(17)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 64(5)(d) repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I Words in s. 64(5)(e) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(17)(b); S.I. 1996/323, art. 4(1)(c) S. 64(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) S. 67 substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 10, 17(2); S.S.I. 2007/25, art. 2(2) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 69(4) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Word in s. 73(2) repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(a)(i); S.S.I. 2017/458, art. 2, sch. (with art. 4) Word substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(a) Words in s. 73(2) substituted (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(a)(ii); S.S.I. 2017/458, art. 2, sch. (with art. 4) Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 33(b) Words in s. 73(3) inserted (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(a)(iii); S.S.I. 2017/458, art. 2, sch. (with art. 4) Words in s. 74(2) substituted (20.4.2010 for certain purpose, otherwise 1.6.2010) by Local Government in Scotland Act 2003 (asp 1), ss. 11(1)(a), 62(2); S.S.I. 2010/119, {arts. 2, 3} (with art. 4) S. 74(2A)-(2H) inserted (20.4.2010 for certain purposes, otherwise 1.6.2010) by Local Government in Scotland Act 2003 (asp 1), ss. 11(1)(b), 62(2); S.S.I. 2010/119, {arts. 2, 3} (with art. 4) S. 74(3) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 74A repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. XIII Words in s. 75(2) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 77(2), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), sch. Words in s. 75(3) inserted (28.6.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 77(3), 130(1) (with s. 128); S.S.I. 2016/193, reg. 2(1), sch. Words in s. 82(1) repealed (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(2)(a), Pt IV; S.I. 1998/3178, art. 3 Words in s. 82(2)(b) inserted (1.7.1999) by S.I. 1999/1820, art. 1(2), 4, Sch. 2 Pt. 1 para. 53(2))(b); S.I. 1998/3178, art. 3 Words in S. 82(7) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(2)(c); S.I. 1998/3178, art. 3 S. 83(1)(2)(2C)(2D)(4)-(7) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(a), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 83(2A)(2B) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(19)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 83(3) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(a), 62; S.S.I. 2003/134, art. 2(1), Sch. Words in s. 83(3)(c) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(19)(b); S.I. 1996/323, art. 4(1)(c) Words added by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 36(9) S. 83(3A) repealed (1.4.1996) by 1994 c. 39, s. 164(3), 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(a)(d), Schs. 1, 2 S. 84(2) repealed (4.1.1995) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(20), Sch. 14; S.I. 1994/2850, art. 3(c)(vii)(d), Sch. 3 S. 84(4) repealed (4.1.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/2850, art. 3(d), Sch. 3 Words in s. 86(3) substituted (1.12.2001) by S.I. 2001/3649, art. 219 Words in s. 87(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(a)(i); S.I. 1996/323, art. 4(1)(c) Words in s. 87(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 87(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(b)(i); S.I. 1996/323, art. 4(1)(c) Words in s. 87(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(21)(b)(ii); S.I. 1996/323, art. 4(1)(c) Words in s. 87(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(b)(iii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 87(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(21)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words inserted by Local Government Act 1986 (c. 10, SIF 81:1), ss. 3(1)(a), 6 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), Pt. II ss. 3(1)(a), 6 S. 88(1A) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(b), 6 S. 88(1B) inserted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(2), 6 Words substituted by Local Government Act 1986 (c. 10, SIF 81:1, 2), ss. 3(1)(c), 6 S. 88(3) inserted (1.4.1996) by 1994 c. 39, s. 140; S.I. 1996/323, art. 4(1)(a), Sch. 1 S. 90 substituted (1.4.1996) by 1994 c. 39, s. 176; S.I. 1995/2866, art. 3(b) S. 90(1)(d) repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(a); S.S.I 2007/47, {art. 2} Word in s. 90(4) substituted (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(b); S.S.I 2007/47, {art. 2} Word in s. 90(6) substituted (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(c)(i); S.S.I 2007/47, {art. 2} S. 90(6)(a) and word repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(c)(ii); S.S.I 2007/47, {art. 2} S. 90(8) repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 2(d); S.S.I 2007/47, {art. 2} S. 90A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 91 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words in s. 92(2) repealed (1.12.2001) by S.I. 2001/3649, art. 220(2) s. 92(3)(4) inserted (1.12.2001) by S.I. 2001/3649, art. 220(3) S. 93(2)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(23); S.I. 1996/323, art. 4(1)(c) S. 93(2)(d) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 41(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 93(3) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 41(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 94 repealed (1.4.2004) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(b), 62; S.S.I. 2004/28, art. 2(2) Words in s. 96(4) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(2); S.S.I. 2000/10, art. 2(3) S. 96(5)(6) substituted for s. 96(5) by Local Government (Scotland) Act 1975 (c. 30), s. 18 Words in s. 96(5) repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1995/702, art. 3(e), Sch. 1 Words in s. 97(1) substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(2)(a): S.I. 1994/2658, art. 3(d) Words in s. 97(1) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c.1), art. 2(3) Words in s. 97(1) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c. 1), art. 2(3) "S. 97(2)(a)(i)" inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(a)(i); S.I. 1994/2658, art. 4(a) S. 97(2)(a)(ii)–(v) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(3)(a)(ii); S.I. 1994/2658, art. 4(a) S. 97(2)(a)(ii)(iv)(v) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c. 1), art. 2(3) S. 97(2)(a)(iii) repealed (1.10.1999) by 1999 c. 8, ss. 65, Sch. 5; S.S.I. 1999/90, art. 2 Sch. 2 Words in s. 97(2)(c) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3)(b) Word repealed by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2) Words in s. 97(2)(d) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3) Word “and” and s. 97(2)(e) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2) S. 97(2AA-2AC) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(c); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(2A)(2B) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 3(4); S.I. 1994/2658, art. 4(a) S. 97(2B) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(d); S.S.I. 2000/10 (c.1), art. 2(3)(d) Words in s. 97(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(e); S.S.I. 2000/10 (c.1), art. 2(3) Words in s. 97(4) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(f); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(4AA) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(g); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(4A)-(4D) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(h); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(4E) inserted (1.7.1997) by 1997 c. 47, s. 7(2); S.I. 1997/1577, art. 2, Sch. Word inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 48 Words in 97(6) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3) Words in s. 97(6) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 23(a) (with reg. 4). Words in S. 97(6) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(6A) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(j); S.S.I. 2000/10 (c.1), art. 2(3) S. 97(7) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 23(b) (with reg. 4). Words in s. 97(7)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), arts. 2(2), 3(1), Sch. 1 para. 1(m) (with arts. 6, 11, 12) S. 97(7)(b) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 53(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 97(7A) substituted (1.7.2013) by The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 1 Ss. 97A, 97B inserted by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(3) S. 97A(1)(a) and "b" inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 6(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 97A(1): "(c)" substituted (1.4.2003) for "for" by virtue of Local Government in Scotland Act 2003 (asp 1), ss. 6(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 97A(1A) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 6(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 97A(2) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(4); S.S.I. 2000/10 art. 2(3) Words in s. 97A(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(4); S.S.I. 2000/10 art. 2(3) S. 97B(1): "(a)" inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(1)(a), 62(2); S.S.I. 2003/134, art. 2(1), Sch. In s. 97B(1)(b) and preceding word inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(1)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 98(1) substituted for s. 98(1)(a)-(c) (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(5); S.S.I. 2000/10, art. 2(3) Ss. 98(2)-(7) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch 4 para. 3(5); S.S.I. 2000/10, art. 2(3) S. 99 renumbered (1.4.2003) as s. 99(1) by Local Government in Scotland Act 2003 (asp 1), ss. 55(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 99 repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(6)(a); S.S.I. 2000/10, art. 2(3) Words in s. 99(a) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(6)(b); S.S.I. 2000/10, art. 2(3) S. 99(c) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(4) Words in s. 99(1)(c) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 55(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 99(1)(c) substituted (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(b); S.S.I. 2016/410, art. 2(a) S. 99(d) and word 'and' preceding it inserted (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(2), 30(2). S. 99(2) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 55(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(1) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(a); S.S.I. 2000/10, art. 2(3) S. 100(1A) inserted (1.4.1995) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 7(3); S.I. 1994/2658, art. 4(a) S. 100(1B) inserted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(a); S.I. 1995/702, art. 3(d)(ii) Words in s. 100(1B) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(b); S.S.I. 2000/10, art. 2(3) Words in s. 100(1B) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(a)(i), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(1B) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(a)(ii), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(2) substituted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(b); S.I. 1995/702, art. 3(d)(ii) Words in s. 100(2) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(7)(c); S.S.I. 2000/10, art. 2(3) Words in s. 100(2) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 54(2)(b), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Words in s. 100(3) inserted (1.4.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(25)(c)(i); S.I. 1995/702, art. 3(d)(ii) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 101(1) substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(1) S. 101(5) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(8); S.S.I. 2000/10 art. 2(3) S. 101A inserted (1.7.1997) by 1997 c. 47, s. 7(3); S.I. 1997/1577, art. 2, Sch. S. 102(1)(2) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 56, 62(2); S.S.I. 2003/134, art. 2(1), Sch Words in s. 102(1)(c) repealed (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(c)(i); S.S.I. 2016/410, art. 2(a) Words in s. 102(1)(c) inserted (20.12.2016) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 4 para. 5(c)(ii); S.S.I. 2016/410, art. 2(a) S. 102(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 185(b) Words in s. 102(2A) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 129, 134; S.S.I. 2010/221, art. 3(2), Sch. Words in s. 102(3) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(26); S.I. 1994/2850, art. 3(c)(Vii) Word in s. 102(3) substituted (1.1.2002) by 2000 asp 7, s. 33(1)(a); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4) S. 102(3A) inserted (1.1.2002) by 2000 asp 7, s. 33(1)(b); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4) S. 102(5) repealed (1.4.2000) by 2001 asp 1, s. 26, Sch. 4 para. 3(9)(b); S.S.I. 2000/10, art. 2(3) S. 103(1)(6)(7) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(6), 62(2); S.S.I. 2003/134, art. 2(1), Sch. Ss. 103(2)-(5) repealed (1.1.2002) by 2000 asp 7, s. 33(2)(b); S.S.I. 2001/474, art. 3 (subject to transitional provision in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I. 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Ss. 103(A)-(J) inserted (1.1.2002) by 2000 asp 7, s. 33(3); S.S.I 2001/474 art. 3 (subject to transitional provisions in art. 4) Words in s. 103J(6) substituted (1.1.2016) by The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 (S.S.I. 2015/402), art. 1, sch. para. 2 (with art. 5) S. 104 repealed (1.1.2002) by 2000 asp 7, s. 33(4); S.S.I. 2001/474, art. 3 (subject to transitional provisions in art. 4) S. 104A repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4, para. 3(11); S.S.I. 2000/10, art. 2(3) Words substituted by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), s. 10(2) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289E–289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 105A inserted (1.7.1997) by 1997 c. 47, s. 7(4); S.I. 1997/1577, art. 2, Sch. S. 106(1)(ba) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 15(2); S.S.I. 2005/454, {art. 2 Table}, Sch. 2 S. 106(1)(bb) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 13(a), 72(2); S.S.I. 2014/231, art. 2 S. 106(1)(c) and the proviso repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14 (with s. 90(2)); S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 106(1A) inserted (22.9.2014) by Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9), ss. 13(b), 72(2); S.S.I. 2014/231, art. 2 S. 106(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(12); S.S.I. 2000/10, art. 2(3) S. 107 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 Ss. 108(3)–(6) and 108B, 108C added by Rating and Valuation (Amendment) (Scotland) Act 1984 (c. 31, SIF 103:2), ss. 3, 4 and ss. 108–108C repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 S. 109 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 110 repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1993/575, art. 2,Sch. (with savings in art. 5(a) S. 110A repealed (1.10.1992) by Local Government Finance Act 1992 (c. 14), s. 117, Sch. 13 para. 38, Sch.14; S.I. 1992/2183, art. 2,Sch. (with art. 3). S. 111(1)(a)(b)(d) repealed (1.4.1996) by Local Government Finance Act 1992 (c. 14), ss. 117, 119(2), Sch. 13 para. 39, Sch. 14; S.I. 1996/918, art. 2(a)(b)(i) Words in s. 111(1)(e) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 111(1)(f) which was added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 23), Sch. 3 para. 27 is repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), ss. 6, 34, Sch. 1 Pt. III para. 30(d), Sch. 6 Ss. 112–114 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 28(5)(b), Sch. 5 S. 115 repealed and superseded by Social Security and Housing Benefits Act 1982 (c. 24), s. 32(7)(b), Sch. 5 S. 116(1)-(5)(7)(8) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 116(6) repealed (4.1.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 3(e)(i) S. 117 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. VII S. 118(1): word "(a)" repealed (1.4.1996) by virtue of 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 118(1)(b) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Words in s. 118(5) inserted (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 15(3); S.S.I. 2005/454, art. 2, Sch. 2 Words in s. 118(5) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 119 repealed by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 S. 120 repealed (1.4.1994) by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2), s. 34, Sch. 6 S. 121 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4 S. 122A repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(c), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 123 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(28); S.I. 1996/323, art. 4(1)(c) S. 124 substituted (1.4.1996) by 1994 c. 39, s. 31 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1 S. 125 repealed by Self-Governing Schools Etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) S. 126 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(29); S.I. 1996/323, art. 4(1)(c) S. 127 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 128(2): words in Table B substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(30); S.I. 1996/323, art. 4(1)(c) S. 129 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5 Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(1)(a) Words in s. 130(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(a); S.I. 1996/323, art. 4(1)(c) S. 130(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(31)(b); S.I. 1996/323, art. 4(1)(c) S. 131 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 132 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 133(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(32), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 73 S. 134(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(33), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 135 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 23 para. 6); S.I. 1996/186, art. 3(xiii) S. 135A repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) S. 136 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4 S. 137(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(36), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 137(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 138(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(37), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 139 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 140 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(38), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 142 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(39), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 143 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 144(1)(2) repealed by Animal Health Act 1981 (c. 22), Sch. 6 Words in s. 145(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(a)(i); S.I. 1996/323, art. 4(1)(c) Word in s. 145(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(a)(ii); S.I. 1996/323, art. 4(1)(c) S. 145(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group 1 Words in s. 145(4)(a)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(b); S.I. 1996/323, art. 4(1)(c) Words in s. 145(5) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(41)(c); S.I. 1996/323, art. 4(1)(c) S. 146(5)(a)(b): words "areas" and "area" substituted (S.) (1.4.1996) for the words "regions" and "region" respectively by 1994 c. 39, s. 180(1), Sch. 13 para. 92(42); S.I. 1996/323, art. 4(1)(c) S. 146(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 147 repealed (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 89(2), 90, Sch. 4 (with ss. 5(1), 77); S.S.I. 2005/392, art. 2(k) S. 148(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(40), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 148(2)–(7), (9) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 S. 149 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I S. 150 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(43); S.I. 1996/323, art. 4(1)(c) S. 151 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 3 para. 27, Sch. 8 S. 152 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Words in s. 153(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(a)(i); S.I. 1996/323, art. 4(1)(c) Words in s. 153(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 153(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(b)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Word in s. 153(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(44)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Definition of "council" in s. 153(5) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(44)(d); S.I. 1996/323, art. 4(1)(c) Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(ii); S.I. 1996/323, art. 4(1)(c) Words in s. 154(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(a)(iii); S.I. 1996/323, art. 4(1)(c) Words in s. 154(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(a)(iv), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 154(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(c)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 154(3A)(3B) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(45)(d), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Definition of "council" in s. 154(7) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(45)(e); S.I. 1996/323, art. 4(1)(c) S. 154A repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 154B repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 155(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(46), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 155(4) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II S. 156(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(47), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 157 repealed (1.12.1994) by 1994 c. 40, s. 81, Sch. 17; S.I. 1994/3037, art. 2(e)(v) and expressed to be repealed (prosp.) by 1994 c. 39, ss. 180(1)(2), 184(2), Sch. 13 para. 92(48), Sch. 14 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 159 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(49), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 160 repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II S. 161 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 163(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 163(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(b), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 163(3) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(50)(c), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Ss. 158, 162, 164 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 166(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 166(2)(a)(e)(f) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 S. 167 repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII S. 168 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(51), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 169(1) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words in s. 170(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(53); S.I. 1996/323, art. 4(1)(c) Ss. 170A, 170B inserted by Electricity Act 1989 (c. 29, SIF 44:1), ss. 102, 112(3), Sch. 13, Sch. 17 para. 35(1) Words in s. 170A(3) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 13; S.I. 1991/1042, art. 2 S. 170A(5)(a) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(54)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 170A(5)(c) and preceding word substituted (1.4.1996) for s. 170A(5)(c)(d) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(54)(b); S.I. 1996/323, art. 4(1)(c) Words in s. 170A(5)(c) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(2) (with s. 67); S.S.I. 2002/118, art. 2(3) Words in s. 170B(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3) Words in s. 170B(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(55)(a), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words in s. 170B(2) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(b) (with s. 67); S.S.I. 2002/118, art. 2(3) Words in s. 170B(2)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(2), 72, Sch. 7 para. 6(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3) S. 171(1)(2) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(56), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 S. 171(3) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. XII Pt. XVIIIA (ss. 171A-171C) inserted (30.10.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 39, s. 171; S.I. 1995/2866, arts. 2(f), 3(a) S. 171A repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 171B repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch. S. 171C repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 60(1)(d), 62; S.S.I. 2003/134, art. 2(1), Sch. Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 22 S. 173 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 174 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 175 repealed (27.5.1997) by 1997 c. 11, ss. 3(1), 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) S. 176 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 177 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 178 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 179 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 180 repealed by Town and Country Planning (Scotland) Act 1977 (c. 10), s. 5(8) S. 181 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) S. 183 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(c) Ss. 185, 186 repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8 S. 188 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(58); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 190 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(59); S.I. 1996/323, art. 4(1)(b)(c) Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 192(7)-(14) inserted (1.4.2006) by The Non-Domestic Rating (Electronic Communications) (Scotland) Order 2006 (S.S.I. 2006/201), art. 2 The Local Government (Scotland) Act 1947 (c. 43). 1971 c. 80. S. 194 (except s. 194(2)) repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3)) S. 197(1) repealed by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 3, Sch. 3 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 200 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) S. 201 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para. 15 (with ss. 42, 46) Words in s. 201(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(61); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 202(1) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 202(1)(c)(ii) substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(a) S. 202(1)(c)(iii) repealed (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 S. 202(1A) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 110(1)(2)(b) S. 202(13) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(62), Sch. 14: S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Ss. 202A—202C inserted (1.7.1984) by Civic Government (Scotland) Act 1982 (c. 45), ss. 110(3), 137(2) “level 2 on the standard scale” substituted for “£20”, except in relation to s. 203 as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C(2)(3) (as inserted by Criminal Law Act 1977 (c. 45), Sch. 11 para. 5) and by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) and by 1995 c. 40, ss. 3(1), 7(2), Sch. 1 paras. 3(2), 12(2) it is provided that s. 203 shall have effect as if for any reference to £20 there shall be substituted a reference to £50 except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority S. 205 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(i)(ii); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 206(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(a)(iii); S.I. 1996/323, art. 4(1)(b)(c) Words in s. 206(2) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(63)(b); S.I. 1996/323, art. 4(1)(b)(c) Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48), s. 54) S. 210(7)(7A)(7B) substituted for s. 210(7)(8) by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 53, Sch. 11 Pt. II para. 39(1) S. 210(8) inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), ss. 49, 57(2), Sch. 11 Pt. II para. 39(2) S. 210A inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(4) S. 211(2A)(2B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(2)) S. 211(3A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:2), s. 159(3) S. 211(5) inserted (1.4.1996) by 1994 c. 39, s. 21 (with s. 7(2)); S.I. 1996/323, art. 4(1)(a), Sch. 1 S. 211(6) inserted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 2 (with s. 66); S.S.I. 2001/132 art. 2(3), Sch. Pt II S. 213(1)–(2) repealed by Statute Law (Repeals) Act 1981 (c. 19), Sch. 1 Pt. VII S. 215(3)-(7) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words substituted by virtue of Trade Union and Labour Relations Act (c. 52), Sch. 4 para. 7 Words substituted by virtue of Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 15 para. 4 Ss. 216(2)(4)(5), 218–221, 224(1)–(4) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I S. 222 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 223 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 (subject to art. 4(2)) S. 224 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Words inserted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1) Words substituted by Civic Government (Scotland) Act 1982 (c. 45), s. 134(1) S. 226 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(64), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 S. 228(5) repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13, Pt. I (with s. 45(3), Sch. 12 paras. 1-3). S. 229 repealed (5.11.1993) by 1993 c. 50, s. 1(1) Sch. 1, Pt. X Group1 S. 230 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(65), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 “210(7)” inserted by Housing and Planning Act 1986 (c. 63, SIF 81:2), s. 49, Sch. 11 Pt. II para. 39(3) S. 235(1): definitions of “area” , “college council” , “school council” and “education committee” repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(66)(a), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d), Sch. 2 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) and Education (Scotland) Act 1980 (c. 44), Sch. 3 para. 1 S. 235(1): definition of “electoral ward” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(b); S.I. 1996/323, art. 4(1)(b)(c) S. 235(1): words in definition of “financial year” inserted (29.4.1996 with effect first in relation to the period from 1.4.1997 to 31.10.1997) by 1996 c. 10, s. 4(2)(3); S.I. 1997/1979, art. 2 S. 235(1): definition of “local authority” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(c); S.I. 1996/323, art. 4(1)(b)(c) S. 235(1): words in definition of “rating authority” substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(66)(d); S.I. 1996/323, art. 4(1)(b)(c) S. 235(1): definition of “water authority” repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 236(1) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Words in s. 236(2) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 236(2)(a)(c) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8) Words substituted by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2), Sch. 23 para. 20(3) S. 236(2)(e) repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 S. 236(2)(g) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121) Words substituted by virtue of Interpretation Act 1978 (c. 63), s. 25(2) Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 Sch. 1 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Sch. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d), Sch. 2 Sch. 2 para. 2(4)(5) repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. I Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4 Sch. 3 paras. 2–18 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 8 Pt. II Sch. 3 paras. 1, 19 repealed by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), ss. 8, 9(2), Sch. 4 Sch. 3 paras. 20–23 repealed by Representation of the People Act 1983 (c. 2), s. 206, Sch. 9 Pt. II Sch. 4 title substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(15); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(g)(i); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(g)(ii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 1(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(g)(iii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 2(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Sch. 4 para. 2 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4 ; S.I. 1998/3178, art. 3 Words in Sch. 4 para. 2(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(h)(i); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 2(3) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(h)(ii); S.S.I. 2021/124, reg. 2, sch. Sch. 4 para. 3 repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Word in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(10); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 4(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(i); S.S.I. 2021/124, reg. 2, sch. Words substituted by virtue of S.I. 1981/1670, arts. 2(2), 3(5) Words in Sch. 4 para. 5 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 6 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 6 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(j); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 7 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Word in Sch. 4 para. 7 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(7); S.S.I. 2021/124, reg. 2, sch. Word in Sch. 4 para. 7 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(5)(c); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(i); S.S.I. 2021/124, reg. 2, sch. Sch. 4 para. 8 words repealed (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. 1 para. 53(3), Pt. 4; S.I. 1998/3178, art. 3 Words in Sch. 4 para. 8(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(ii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(4) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(iii); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 8(5) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(k)(iv); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9 substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9(e) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9(f) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(l); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 9 substituted (1.7.1999) by S.I. 1999/1820 art. 4 Sch. 2 Pt. 1 para. 53(3) Words in Sch. 4 para. 10(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(2)(k); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 10(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(m)(i); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 4 para. 10(2) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 1(3)(m)(ii); S.S.I. 2021/124, reg. 2, sch. Sch. 5 repealed (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(f), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Sch. 5 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(67); S.I. 1996/323, art. 4(1)(b)(c) Sch. 5 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(67); S.I. 1996/323, art. 4(1)(b)(c) Words in Sch. 6 para. 1(1) substituted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. paras. 1(2)(l); S.S.I. 2021/124, reg. 2, sch. Words in Sch. 6 para. 1(2) substituted for Sch. 6 para. 1(2)(a)-(c) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(68); S.I. 1996/323, art. 4(1)(b)(c) Words in Sch. 6 para. 1(2) substituted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(g), 17(2); S.S.I. 2007/25, art. 2(2) Words in Sch. 6 para. 1(3) inserted (2.5.2007) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(5)(h), 17(2); S.S.I. 2007/25, art. 2(2) Word in Sch. 6 para. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d) Sch. 6A repealed (1.8.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 2(3), 73(2); S.S.I. 2025/106, reg. 2(1)(b), sch. Pt. 2 Word in Sch. 7 para. 1(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(69)(a); S.I. 1996/323, art. 4(1)(b)(c) Sch. 7 para. 2 (1)(b)(2)(b) repealed (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(4), 62; S.S.I. 2003/134, art. 2(1), Sch. Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(a) Words in Sch. 7 para. 3 substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(69)(a)(b); S.I. 1996/323, art. 4(1)(b)(c) Sch. 7 para. 3(2)(3) substituted for para. 3(2) by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(a) Words inserted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 54(b)(c) Words in Sch. 7 para. 5(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(69)(c); S.I. 1996/323, art. 4(1)(b)(c) Para. 10(1) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(i) Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 26(b)(ii) Sch. 7A inserted by Local Government (Access to Information) Act 1985 (c. 43, SIF 81:1, 2), s. 2(2), Sch. 1 Pt. II Words in Sch. 7A Pt. 1 para. 5 substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 2 Sch. 7A Pt. 2 para. 2(a) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), arts. 1(2), 2(1), Sch. 1 para. 27 (with art. 10) Words in the definition of "protected informant" in Sch. 7A Pt. III para. 1(1) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 22 Words in Sch. 7A Pt. III para. 1(2) inserted (30.9.1996) by S.I. 1996/2278, art. 2(6)(a) Word in Sch. 7A Pt. III para. 1(2) ceases to have effect (30.9.1996) by virtue of S.I. 1996/2778, art. 2(6)(b) Words in Sch. 7A Pt. III para. 1(2)(b)(i)(ii) inserted (30.9.1996) by S.I. 1996/2778, art. 2(6)(c) Words substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 13; S.I. 1994/2658, art. 3(e) Words substituted (1.12.1994) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 36(1), Sch. 7 para. 13; S.I. 1994/2658, art. 3(e) Para. 3A added by Local Government (Scotland) Act 1975 (c. 30), s. 17 Words in Sch. 8 para. 3A repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(13)(a)(i); S.S.I. 2000/10, art. 2(3) Words in Sch. 8 para. 3A inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(13(a)(ii); S.S.I. 2000/10, art. 2(3) Words in Sch. 8 para. 4(1) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 92(70); S.I. 1996/323, art. 4(1)(b)(c) Word in Sch. 8 para. 4(1) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 3(13)(b); S.S.I. 2000/10, art. 2(3) Sch. 8 para. 5 repealed (1.8.1995) by 1995 c. 7, ss. 14(2), 15(2), Sch. 5 (with ss. 9(3)(5)(7), 13, 14(3)) Sch. 8 para. 6 repealed (1.4.2000) by 2000 asp 1 s. 26 Sch. 4 para. 3(13)(c); S.S.I. 2000/10, art. 2(3) Words in Sch. 8 para. 7 repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(13)(d); S.S.I. 2000/10, art. 2(3) Sch. 9 paras. 3–5 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 8 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 11 repealed (1.4.1995) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1994/3150, art. 4(d), Sch. 2 Sch. 9 paras. 13–15 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 37 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 40 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 41 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 42 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. S. 43 repealed (19.5.1997) by 1997 c. 29, s. 33(2), Sch. 4; S.I. 1997/1097, art. 3(d), Sch. Sch. 9 paras. 45, 46 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 53 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d) Words repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 9 para. 64 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I Sch. 9 para. 73 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(4), Sch. 24 Sch. 10 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(b)(d) Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4 Words repealed by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 23(3), Sch. 4 para. 4 Words repealed by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 82(2), Sch. 11 (subject to savings in s. 54(7) of that Act whereby s. 125 remains in force in relation to any college council appointed under the said section 125 for so long as that council remains in existence) Sch. 10 para. 11 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(c), 194(4), 195(2), Sch. 12 Pt. II Sch. 11 repealed by Education (Scotland) Act 1980 (c. 44), Sch. 5 Sch. 12 para. 1 repealed by Tenants' Rights, Etc. (Scotland) Act 1980 (c. 52), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 2 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 4 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. II Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 11 repealed by Housing Act 1974 (c. 44), Sch. 15 and also expressd to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 para. 23 repealed by Social Security and Housing Benefits Act 1982 (c. 24), Sch. 5 and also expressed to be repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 12 paras. 5, 6–10, 12–19, 21, 22, 24 repealed by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(2)(3), Sch. 23 para. 20(5), Sch. 24 Sch. 13 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(71), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d) Sch. 13 paras. 4, 5, 7 repealed by Tenants' Rights Etc. (Scotland) Act 1980 (c. 52), Sch. 5 Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II Sch. 14 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(72), Sch. 14; S.I. 1996/323, art. 4(1)(b)(c)(d) Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 para. 51 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59), ss. 168(2), Sch.9; S.I. 1992/2990, art. 2(2), Sch.2. Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 55, 56 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 14 paras. 1–29, 30, 31(b), 32–41, 43–50, 51(a)(b), 52–54, 57, 58 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 para. 63 repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. VIII and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 para. 68 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVI and also expressed to be repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 paras. 59–62, 64–67, 69–73 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 14 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 paras. 74, 76–79 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 Sch. 14 para. 80 repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2 Sch. 14 paras. 82, 86 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3(1), 5, Sch. 1 Pt. I, Sch. 4 paras. 1, 2 Sch. 14 paras. 87, 88 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108) s. 156(3), Sch. 11 Sch. 15 Pt. I repealed (1.5.2005) by Building (Scotland) Act 2003 (asp 8), ss. 58, 59, Sch. 6 para. 8; S.S.I. 2004/404, art. 2(1) (with arts. 3, 4) Sch. 15 para. 25 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII Sch. 15 Pt. II para. 26 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XI Sch. 15 Pt. II para. 27 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 15 para. 28 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6 Sch. 15 para. 30 repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(2), Sch. 2 Sch. 16 para. 1 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 2 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 3 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 4 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 5 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 7 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 8 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 9 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 16 para. 10 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Para. 1 substituted by Local Government (Scotland) Act 1975 (c. 30), Sch. 6 Pt. II para. 56(a) Words in Sch. 17 para. 1(1)(a) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(73), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Sch. 17 para. 2 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 17 paras. 3–63 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I Sch. 17 para. 64 repealed (prosp.) by Water Act 1983 (c. 23, SIF 130), s. 11(3), Sch. 5 Pt. I Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 paras. 1(a)–(d)(f), 7(c), 10, 11 repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 para. 18 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2 (with transitional provisions in Sch.) Sch. 18 para. 20 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8 Sch. 18 para. 21(1) repealed by Transport Act 1985 (c. 67, SIF 126), ss. 57(6), 139(3), Sch. 3 para. 26, Sch. 8 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I Sch. 18 paras. 27, 28 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(2)(3), Sch. 7 para. 16, Sch. 8 Sch. 18 Pt. II paras. 26, 30–35 repealed by Transport Act 1980 (c. 34), Sch. 9 Pt. I Sch. 19 para. 1 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group1 Sch. 19 para. 5 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch. Sch. 19 para. 8 repealed (15.7.1992) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt.II; S.I. 1992/1347, art. 2,Sch. Sch. 20 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 20 para. 10 repealed (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4, otherwiseprosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 14(6)(8)(d), 194(4), 195(2), Sch. 12 Pt. II Sch. 22 repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 92(74), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 27 Words added by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(a) Sch. 22 Pt. II paras. 5, 8, 9 repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 3 para. 28(b) Sch. 23 para. 1 repealed by Ancient Monuments and Archaeological Areas Act (c. 46), Sch. 5 Sch. 23 para. 2(a) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I Sch. 23 para. 5(c) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 23 para. 6 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 14 repealed by Industrial Development Act 1982 (c. 52), s. 19, Sch. 2 Pt. I para. 1 Sch. 3 Sch. 23 para. 15 repealed by Town and Country Amenities Act 1974 (c. 32), Sch. Sch. 23 para. 16 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 17 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 18 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 19 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 20 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 21 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 22 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 23 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 24 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 25 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 26 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 27 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 28 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 29 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 30 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 31 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 32 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 33 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 23 para. 34 repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Sch. 24 Pt. I repealed by Licensing (Scotland) Act 1976 (c. 66), Sch. 8 Sch. 24 Pt. II paras. 28, 29 repealed by Lotteries and Amusements Act 1976 (c. 32), Sch. 5 Sch. 24 para. 33 repealed by Cinemas Act 1985 (c. 13, SIF 45A), s. 24(2), Sch. 3 Sch. 24 Pt. III para. 35 repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Sch. 7 Pt. IV Sch. 24 para. 36 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150, Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3 Sch. 24 para. 46 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 1 Sch. 25 para. 15 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII Sch. 25 para. 17 repealed (1.9.2009 at 5.00 a.m.) by Licensing (Scotland) Act 2005 (asp 16), ss. 149, 150, Sch. 7 (with s. 143); S.S.I. 2007/472, art. 3 Sch. 25 paras. 18–23 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 25 para. 24 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV Sch. 25 para. 26 repealed (8.6.2022) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022 (S.S.I. 2022/195), art. 1(2), sch. 2 para. 1 Sch. 25 paras. 29, 30, 31 repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98, Sch. 13 Pt. I Sch. 25 paras. 34–38 repealed by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1) s. 146, Sch. 14 Sch. 25 para. 39 repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 25 para. 41 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(3), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) Sch. 27 Pt. II paras. 6, 7 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 Pt. II para. 15 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I Sch. 27 paras. 16-20 repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch. (with art. 10) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 para. 30 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 para. 31 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 para. 32 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 para. 37 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 para. 38 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3(xiii) Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2010) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 26-29, 33-36, 39-48 repealed (1.10.2009) by Public Health etc (Scotland) Act 2008 (asp 5), ss. 126, 128, Sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), Sch. 1 Sch. 27 paras. 13, 14, 49 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 para. 50 repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(3), Sch. 5 Sch. 27 para. 54 repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch. (with art. 10) Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 paras. 58-60 repealed (1.4.2018) by Community Empowerment (Scotland) Act 2015 (asp 6), s. 142(1), sch. 5; S.S.I. 2017/458, art. 2, sch. (with art. 10) Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 Pt. II para. 78 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.III Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 para. 90 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1 Sch. 27 Pt. II paras. 97, 98 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 27 Pt. II para. 101 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. I Sch. 27 para. 112 repealed (26.3.2001) by S.I. 2001/1149, art 3(2), Sch. 2 Sch. 27 Pt. II para. 114 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II Sch. 27 Pt. II para. 115 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II Sch. 27 para. 128 repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6 Sch. 27 paras. 55, 68, 87, 129–131 repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18 Sch. 27 para. 132 repealed (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 53(2), Sch.8 (with Sch. 7); S.I. 1991/2508, art. 2. Sch. 27 para. 140 repealed by Foster Children (Scotland) Act 1984 (c. 56, SIF 20), s. 22, Sch. 3 Sch. 27 para. 143 repealed (18.11.1996) by 1996 c. 58, s. 48(2)(3), Sch. 5 (with s. 43(1) Sch. 27 para. 144 repealed (27.8.1993) by 1993 c. 12, ss. 50, 51(2), Sch. 6 Pt.I (with ss. 42, 46) Sch. 27 paras. 146-148 repealed (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 18; S.S.I. 2014/160, art. 2(1)(2), sch. Sch. 27 Pt. II paras. 149, 150 repealed by Consumer Safety Act 1978 (c. 38), Sch. 3 Sch. 27 para. 151(c) repealed (26.5.1997) by 1997 c. 36, s. 8, Sch.; S.I. 1997/1322, art. 2(1) Sch. 27 Pt. II para. 153 repealed by Litter Act 1983 (c. 35), Sch. 2 Sch. 27 Pt. II paras. 156, 157 repealed by Airports Authority Act 1975 (c. 78), Sch. 6 Sch. 27 Pt. II para. 158 (b) repealed by Water (Scotland) Act 1980 (c. 45), Sch. 11 Sch. 27 para. 159 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 27 paras. 160, 161 repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. III Sch. 27 Pt. II para. 162 repealed by Supplementary Benefits Act 1976 (c. 71), Sch. 8 Pt. I Sch. 27 Pt. II para. 163 repealed by Reserve Forces Act 1980 (c. 9), Sch. 10 Pt. II Sch. 27 para. 165 repealed by Local Government Act 1988 (c. 9, SIF 81:1), s. 41, Sch. 7 Pt. IV Sch. 27 Pt. II para. 168 repealed by Wildlife and Countryside Act 1981 (c. 69), Sch. 17 Pt. II Sch. 27 Pt. II paras. 169, 170 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3), Sch. 2 Sch. 27 para. 180 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 27 para. 182 repealed (1.4.1996) by 1994 c. 39, s. 180(2), Sch. 14; S.I. 1996/323, art. 4(1)(d), Sch. 2 Sch. 27 para. 185 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(4), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) Sch. 27 para. 187 repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 22(4), Sch. 5 (with s. 103(1)); S.I. 1996/3201, art. 3(7) Sch. 27 Pt. II paras. 188–190 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 27 para. 194 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 3 Sch. 27 para. 197 repealed by Agriculture Act 1986 (c. 49, SIF 2:1), s. 24(5), Sch. 4 Sch. 27 para. 200 repealed (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(2), Sch. 2 Sch. 27 Pt. II para. 201 repealed by Civil Aviation Act 1982 (c. 16), s. 109(3), Sch. 16 Sch. 27 para. 205 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 2 Group 1} Sch. 27 Pt. II para. 207 repealed by Broadcasting Act 1981 (c. 68), Sch. 9 Sch. 28 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7 Pt. I Sch. 28 Pt. I para. 39 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. Pt. XI Entries repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Words in Sch. 29 repealed (8.6.2022) by The Animal Health and Welfare (Scotland) Act 2006 (Consequential Provisions) Order 2022 (S.S.I. 2022/195), art. 1(2), sch. 2 para. 1 Entry repealed by Local Government (Scotland) Act 1975 (c. 30), Sch. 7 Entry repealed by Town and Country Amenities Act 1974 (c. 32), Sch. Act extended (1.4.2001) by 2001 asp 2, S. 69(3)(a); S.S.I. 2001/132, art. 2(2) Sch Pt. 1 Act excluded by District Courts (Scotland) Act 1975 (c. 20), s. 12; modified by Representation of the People Act 1983 (c. 2), s. 43(3) Act explained by National Heritage (Scotland) Act 1985 (c. 16, SIF 78), s. 20(1)(3) Act modified by Dockyard Services Act 1986 (c. 52, SIF 58), s. 3(1)(c) and by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), s. 1, Sch. 1 para. 1(4) Act applied with modifications by School Boards (Scotland) Act 1988 (c. 47, SIF 41:2), s. 11, Sch. 2 para. 5 Act excluded (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch., Pt. III, s.5. Act excluded (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch., Pt. XII, s.49. Pt. 2 applied (with modifications) (20.8.2004) by Local Governance (Scotland) Act 2004 (asp 9), ss. 4(2), 17(2); S.S.I. 2004/351, art. 2 (with art. 3) Pt. 2 applied (with modifications) (4.10.2018) by Islands (Scotland) Act 2018 (asp 12), s. 20(3)(4), 31(2); S.S.I. 2018/282, reg. 2 S. 13 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 14 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 15. power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 16 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 17 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 18 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 19 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 21 power to transfer or modify functions conferred (30.11.2000 for certain purposes, otherwise prosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) (with s. 156(6)) S. 25 extended (6.4.1995) by 1994 c. 39, s. 181(7); S.I. 1995/702, art. 4(1), Sch. 2 para. 32 S. 29 modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 3 (with s. 7(2)); S.I. 1994/2850, art. 2, Sch. 2 S. 29 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 31 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14 S. 31(1)(2)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 32 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 33 applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 33A amended by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 31(7) S. 33A applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 34 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 35 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 37(1)(3) applied (temp. from 6.4.1995 to 1.4.1996) by S.I. 1994/3255, art. 3, Sch. I para. 1 S. 37(1) excluded (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(1)(b) S. 37(2) excluded (22.1.2002) by Scottish Local Government (Elections) Act 2002 (asp 1), s. 3(1)(a) S. 43 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) S. 46 extended by Social Work (Scotland) Act 1968 (c. 49), Sch. 3 para. 8 (as substituted by Local Government (Scotland) Act 1975 (c. 30), s. 33) and Education (Scotland) Act 1980 (c. 44), Sch. A1 para. 9 (as inserted by Education (Scotland) Act 1981 (c. 58), s. 1(2), Sch. 1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 46 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 46 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 S. 47 applied (with modifications) (1.4.1996) by S.I. 1005/3026, art. 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) S. 47 restricted by S.I. 1991/397, reg. 23 Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 48 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 48 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 49 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 49 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 S. 50 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 13 Ss. 45–50 extended with modifications by Licensing (Scotland) Act 1976 (c. 66), s. 3(1) Ss. 45-50 restricted by S.I. 1991/397, reg. 26 Pt. IIIA extended (with modifications.) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 12; S.S.I. 2000/312, art. 2 S. 50A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50C applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50D applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 50J applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Pt. IV extended by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 1(1) Pt. V (ss. 56-68): Power to apply conferred (6.4.1995) by 1994 c. 39, s. 27(9); S.I. 1995/702, art. 4(1), Sch. 2 para. 9 (with s. 7(2)) S. 56 excluded by Lotteries and Amusements Act 1976 (c. 32), s. 6(3). S. 56 excluded by Local Government and Housing Act (c. 42, SIF: 81:1, 2), ss. 4(5), 5(5) S. 56 restricted (16.1.1990 to the extent mentioned in S.I. 1989/2445, art. 4 and 1.8.1990 to the extent mentioned in S.I. 1990/1552, art. 3 and otherwise prosp.) by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), ss. 9(8)(b)(10), 195(2) S. 56 modified (1.4.1996) by 1967 c. 77, s. 9 (as inserted (1.4.1996) by 1994 c. 29, s. 49; S.I. 1995/492, art. 3, Sch. 2) S. 56 excluded (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by 1997 c. 8, s. 21(4C) (as inserted by Planning (Scotland) Act 2019 (asp 13), ss. 11(2)(d), 63(2); S.S.I. 2019/314, reg. 2, sch.; S.S.I. 2023/100, reg. 2(2)(c) (with reg. 5)) S. 56 excluded (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by 1997 c. 8, s. 16B(6) (as inserted by Planning (Scotland) Act 2019 (asp 13), ss. 7(6), 63(2); S.S.I. 2019/314, reg. 2, sch.; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)) S. 56 excluded (8.11.2019 for specified purposes, 19.5.2023 in so far as not already in force) by 1997 c. 8, s. 18(1C) (as inserted by Planning (Scotland) Act 2019 (asp 13), ss. 7(8)(d), 63(2); S.S.I. 2019/314, reg. 2, sch.; S.S.I. 2023/100, reg. 2(2)(a) (with reg. 4)) S. 56(1) extended by Local Government (Scotland) Act 1975 (c. 30), s. 23(1); excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 117(6) S. 56(5): Power to direct conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(1) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2 S. 56(5): Power to restrict conferred (1.2.1996) by 1995 c. 25, s. 90, Sch. 11 para. 3(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2 S. 57 excluded by Water (Scotland) Act 1980 (c. 45), s. 3(4) S. 57 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 58 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 59(1) applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 61 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 62 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 64(3) extended with modifications by S.I. 1987/800, reg. 20(2) S. 65 extended (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 3; S.S.I. 2000/312, art. 2 S. 65 applied (9. 5. 1991) by Tay Road Bridge Order Confimation Act 1991 (c. iv), s. 1, Sch. Pt. VIII s.63 S. 65 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 66 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 68 applied (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. civ), s. 1 Sch. Pt. III s.9 S. 68 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Pt. VI modified (2.8.2014) by City of Edinburgh Council (Portobello Park) Act 2014 (asp 15), ss. 1, 5 Pt. VI applied (24.2.2016) by National Galleries of Scotland Act 2016 (asp 6), ss. 1, 4 S. 69 modified (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 39 (with ss. 50(2), 51) S. 70 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 10(1), 335 S. 70 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(a); S.I. 1994/2850, art. 3(a), Sch. 2 S. 70(1) modified (28.12.2016) by Burial and Cremation (Scotland) Act 2016 (asp 20), ss. 101, 112(2) (with s. 111); S.S.I. 2016/417, reg. 2, sch. S. 71 amended (temp. from 4.1.1995 until 1.4.1996) by 1994 c. 39, s. 182(1)(b); S.I. 1994/2850, art. 3(a), Sch. 2 S. 71 applied (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), ss. 4, 90, Sch. 1 para. 2(2) (with s. 77); S.S.I. 2005/392, art. 2(k) S. 71(1) modified (28.12.2016) by Burial and Cremation (Scotland) Act 2016 (asp 20), ss. 101, 112(2) (with s. 111); S.S.I. 2016/417, reg. 2, sch. S. 74 applied with modifications by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 12(9)(10), 335 S. 74 excluded by Self Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 43(4) S. 74 excluded (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 28(6) (with s. 30(2)); S.I. 1992/817, art. 3(2), Sch. 1. S. 74(2) excluded by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 26(5)(a) S. 74(2)-(2H) applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 2(2); S.S.I. 2005/454, {art. 2 Table}, Sch. 2 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 S. 79 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 78-81 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 16(1)(c); S.S.I. 2005/454, art. 2, Sch. 2 S. 81 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52), s. 1(1)(b) S. 83 amended by Local Authorities (Expenditure Powers) Act 1983 (c. 52, SIF 81:2), s. 1(1)(b) S. 85 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 86 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 86 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14 S. 89 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 92(3) extended (24.6.2003) by The Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003 (S.I. 2003/1633), reg. 15, Sch. 2 para. 8(2)(c) Pt. VII (ss. 93-122) modified by S.I. 1975/930, regs. 2, 3 and Water (Scotland) Act 1980 (c. 45), s. 48(1) Pt. VII (ss. 93-122) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. II para. 22(b) Pt. VII (ss. 93-122) applied and power to modify conferred (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. II para. 23(b). Pt. VII (ss. 93-122) extended (6.3.1992) by Local Government Act 1992 (c. 19), s. 29(1). Pt. VII (ss. 93-122) applied (27.5.1997) by 1997 c. 8, ss. 261(3)(4), 278(2) S. 95 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 96-102 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 7, sch. S. 96(1)(2)-(4) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para. 25. S. 96(2)–(4) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24 S. 97(3) applied by Self-Governing Schools etc. (Scotland) Act 1989 (c. 39, SIF 41:2), s. 77(4) S. 97A(1) extended (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2). S. 97A(3) excluded (6.5.1992) by Local Government Act 1992 (c. 19), ss. 3(3), 30(2). S. 97B applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 98(1)(3)-(6) continued (for specified purposes) (1.4.2000) by S.S.I. 2000/46 art. 4 S. 99: "paragraph (b)" modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), {ss. 12)}, 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 101 extended by Airports Act 1986 (c. 31, SIF 9) ss. 24(3)(b), 85(4) S. 101 excluded by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 11(1)(4) Ss. 103A-103J modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 7, sch. S. 103C applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 103D applied (with modifications) (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 4(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 103E applied (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 5(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch. S. 105 extended by Airports Act 1986 (c. 31, SIF 9), ss. 24(3)(b), 85(4) S. 105 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 105(1) extended by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 25(2), Sch. 5 Pt. III para. 24 S. 105(1) applied (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 107, Sch. 11 Pt. III para.25. S. 105(1)(d) extended by Local Government Act 1986 (c. 10, SIF 81:1), ss. 5(4), 6, 12 S. 106 excluded by Local Government and Housing Act 1989 (c.42, SIF 81:1, 2), s. 11(1)(4) The “said Act of 1967” means Water (Scotland) Act 1967 (c. 78) S. 118 extended by Local Government (Scotland) Act 1975 (c. 30), ss. 10(4), 16, Sch. 3 para. 10(2) S. 118 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 7, sch. S. 128 excluded by Local Government (Scotland) Act 1975 (c. 30), s. 16, Sch. 3 para. 13(1) S. 154 certain functions transferred (18.11.1990) by S.I. 1991/43, art. 3(1). S. 154 certain functions transferred (25.2.1991) by S.I. 1991/1082, art. 3(1). S. 154 certain functions transferred (8.2.1993) by S.I. 1993/321, art. 3(1) The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. S. 189 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 189 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 190 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 191 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 192 extended by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 137 S. 192 extended (with modifications) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 83(1), Sch. 6 para. 3 S. 192 applied (19.12.1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s. 47 S. 192 applied (1.4.2002) by Water (Scotland) Act 1980 (c. 45), s. 23(1ZA) (as inserted by Water Industry (Scotland) Act 2002 (asp 3), ss. 71(1), 72, Sch. 6 para. 18(3) (with s. 67); S.S.I. 2002/118, art. 2(3)) S. 192 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 192(1)-(4) applied (with modifications) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), ss. 37(2), 59; S.S.I. 2004/404, art. 2(1) (with arts. 3, 4) S. 193 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 193 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 195 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 14 S. 195 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 S. 196 applied (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. Pt. XII, s.47 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 197 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 198 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 191-199 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 199 applied (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), Sch. 1 para. 13(1); S.S.I. 2005/454, art. 2, Sch. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 201 restricted (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 8 para. 39(2)(a)(iv) (with reg. 78, sch. 5 para. 2) S. 201(1) extended by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3) S. 201(3) excluded by Civic Government (Scotland) Act 1982 (c. 45), s. 112(3) S. 202 modified by S.I. 1984/918, reg. 2 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 S. 202 applied (with modifications) (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2) Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 202 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 202(4)(5)(6)(7)(8)(10)(12) applied (with modifications) (18.11.1990) by S.I. 1991/43, art. 8(1)(2). S. 202(4)-(8)(10)(12) applied (with modifications) (25.2.1991) by S.I. 1991/1082, art. 9(1)(2). S. 202(4)-(8)(10)(12) applied (with modifications) (5.11.1991) by S.I. 1991/2513, art. 15(1)(2). S. 202(4)-(8)(10)(12) applied (with modifications) (9.7.1992) by S.I. 1992/1975, art. 8. S. 202(4)-(8)(10)-(12) applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3). S. 202(4)-(8)(10)(12) applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1) S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1)(2) S. 202(4)-(8)(10)(12) applied (with modifications) (23.12.1999) by S.S.I. 1999/202, art. 19(1)(2) S. 202(4)-(8)(10)(12) applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1) Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 Ss. 202A, 202B, 202C modified by S.I. 1984/918, reg. 2 Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2, para. 9(3) (with s. 32); S.S.I. 2000/312, art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 202C applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 203 excluded by Civil Aviation Act 1982 (c. 16), s. 32(4) S. 203 excluded by Airports Act 1986 (c. 31, SIF 9), s. 63(8) Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 S. 203 applied (with modifications) (18. 11. 1990) by S.I. 1991/43, art. 8(1). S. 203 applied (with modifications) (25. 02. 1991) by S.I. 1991/1082, art. 9(1). S. 203 applied (with modifications) (05. 11. 1991) by S.I. 1991/2513, art. 15(1). S. 203 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2) S. 203 applied (with modifications) (9.7.1992) by S.I. 1992/1975, art.8. S. 203 applied (with modifications) (8.2.1993) by S.I. 1993/321, art. 10(1) Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/199, art. 19(1) S. 203 applied (with modifications) (23.12.1999) by S.S.I. 1999/202. art. 19(1) S. 203 applied (15.6.2005) by The Caledonian MacBrayne Limited (Kennacraig) Harbour Empowerment Order 2005 (S.I. 2005/353), art. 22(1) S. 204 modified by S.I. 1984/918, reg. 2 S. 204 applied (with modifications) (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 42(3). Ss. 202-204 applied (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 9(3) (with s. 32); S.S.I. 2000/312 art. 2 Ss. 202-204 applied (with modifications) (9.2.2005) by Land Reform (Scotland) Act 2003 (asp 2), ss. 12(4)-(8), 100(3)(4); S.S.I. 2005/17, art. 2 S. 204 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII, s. 58(2) Ss. 201-204 applied (30.10.1994) by S.I. 1994/2716, reg. 94 S. 204 applied (with modifications) (1.4.1996) by 1995 c. 25, s. 29 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 208 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 210 applied (9.5.1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VI, s. 45(3), Pt. VIII s.70 S. 210 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 210 applied (with modifications) (1.2.2000) by S.I. 1999/3445, reg. 9(5) S. 210(2)(4)-(8) applied (with modifications) (2.8.2004) by The Justification of Practices Involving Ionising Radiation Regulations 2004 (S.I. 2004/1769), reg. 17(2)(b) S. 210(2)–(9) excluded by Water (Scotland) Act 1980 (c. 45), s. 99(2) S. 210(2)-(8) applied (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 108), ss. 160(4)(5), 161(6), Sch. 7 para. 4(3) (with ss. 25(2), 167(4)(5)); S.I. 1992/2990, art. 2(2), Sch. 2 S. 210(2)-(8) applied (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28), ss. 15(7), 20(11), Sch. 5 para. 6, Sch. 8, para. 2(7); S.I. 1991/2187, art. 3, Sch. S. 210(2)-(8) applied (27.8.1993) by 1993 c. 11, ss. 59(3), 68(2) S. 210(2)-(8) applied (27.8.1993) by 1993 c. 12, ss. 24(3)(b), 51(2) (with ss. 42, 46) S. 210(2)-(8) applied (5.1.1994) by 1993 c. 44, ss. 38(7), 64(2), Sch. 4 Pt. I para.6 (with s. 30(5)) S. 210(2)-(8) applied (18.11.1996) by 1996 c. 58, ss. 8(6), 48(6), Sch. 2 Pt. III para. 11 (with s. 41, 43(1)) S. 210(2)-(8) applied (1.4.1996) by 1995 c. 25, s. 53(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 210(2)-(8) applied (1.4.1996) by 1990 c. 43, Sch. 1 paras. 8-10 (as inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 93(5) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3) S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 28(2) (with s. 32); S.S.I. 2000/312, art. 2 S. 210(2)-(8) applied (8.9.2000) by 2000 asp 10, s. 5(2) (with s. 32); S.S.I. 2000/312, art. 2 S. 210(2)-(8) applied (1.10.2001) by 2001 asp 8, s. 65(5); S.S.I. 2001/304, art. 2(1)(a) S. 210(2)-(8) applied (4.2.2002) by The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 (S.S.I. 2002/6), regs. 3, 15(13) S. 210(2)-(8) applied (1.10.2005) by Energy Act 2004 (c. 20), ss. 95, 198(2), Sch. 16 para. 6(9)(b) (with s. 38(2)); S.I. 2005/877,{art. 2(2)}, Sch. 2 S. 210(2)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 17(3) (with reg. 50) S. 210(2)-(8) applied (with modifications) (1.1.2007) by The Environmental Impact Assessment (Agriculture) (Scotland) Regulations 2006 (S.I. 2006/582), reg. 17(13) S. 210(2)-(6) applied (with modifications) (1.10.2001) by 2001 asp 8, s. 65(6); S.S.I. 2001/304 art. 2a S. 210(2)(4)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(3), 30(4); S.S.I. 2007/516, art. 2) S. 210(2)(4)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(6) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2) S. 210(2)-(8) applied (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), regs. 1(2), 20(3) (with reg. 54) S. 210(2)-(8) applied (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 98(4), 134(7); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. S. 210(2)-(6) applied (with modifications) (1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes, 1.4.2017 for specified purposes, 19.6.2024 for specified purposes, 19.6.2025 for specified purposes) by 1978 c. 29, s. 10Z12(3)(4) (as inserted by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I. 2024/131, art. 2, sch. 1, sch. 2) S. 210(2)-(6) applied (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 98(4)(5), 134(7); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch. S. 210(2)-(8) applied (6.4.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 28(2), 168(1) (with s. 162); S.S.I. 2011/58, art. 3(a) S. 210(2)-(8) applied (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), ss. 70(4), 324(3) (with ss. 76-81, 111); S.I. 2011/556, art. 3(2)(a) S. 210(3)-(5) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(6) S. 210(3)-(8) applied (with modifications) (1.4.1996) by 1995 c. 25, s. 114(4), Sch. 20 para. 5(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3 S. 210(3)-(8) applied (with modifications) (28.9.2000) by S.S.I. 2000/323 reg. 22(13), Sch. 8 para. 4(10) S. 210(3)-(8) applied (1.4.2001) by 2001 asp 2, s. 52(6) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I S. 210(3)-(8) applied (with modifications) (31.3.2003) by The The Greenhouse Gas Emissions Trading Scheme Regulations 2003 (S.I. 2003/3311), reg. 28, Sch. 3 para. 4(6) S. 210(3)-(8) applied (with modifications) (15.11.2004) by Children Act 2004 (c. 31), s. 6(9) S. 210(3)-(8) applied (with modifications) (21.4.2005) by The Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. 2005/925), reg. 34(3), Sch. 3 para. 4(6) (with reg. 3) S. 210(3)-(8) applied (1.4.2006) by The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (S.S.I. 2005/348), reg. 49, Sch. 9 para. 19 (with reg. 50) S. 210(3)-(8) applied (with modifications) (17.9.2009) by The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 (S.I. 2009/2301), regs. 1, 37(3), Sch. 3 para. 4(6) S. 210(3)-(8) applied (with modifications) (31.12.2009) by The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 (S.I. 2009/3130), regs. 1, 7(4), Sch. 1 para. 3(11) S. 210(3)-(8) applied (with modifications) (31.3.2011) by The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), reg. 1(2), sch. 9 para. 19 (with reg. 54) S. 210(3)-(8) applied (with modifications) (1.1.2013) by The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038), reg. 1, Sch. 11 para. 13(5) (with Sch. 1) S. 210(3)-(8) applied (with modifications) (7.1.2013) by The Pollution Prevention and Control (Scotland) Regulations2012 (S.S.I. 2012/360), reg. 1(2), sch. 8 para. 4(10) (with reg. 71) S. 210(3)-(5) applied (14.1.2021) by Transport (Scotland) Act 2019 (asp 17), ss. 12(4), 130(2) (with s. 126); S.S.I. 2020/429, reg. 2(a) S. 210(3)-(5) applied (10.1.2022) by Transport (Scotland) Act 2019 (asp 17), ss. 75(4), 130(2) (with s. 126); S.S.I. 2021/428, reg. 2, sch. S. 210(4)-(8) applied (29.11.2004) by Nature Conservation (Scotland) Act 2004 (asp 6), ss. 25, 59, Sch. 2 para. 11; S.S.I. 2004/495, art. 2 S. 210(4)(5): power to apply conferred (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1967 c. 77, s. 30(4) (as substituted (1.1.1995 for specified purposes and otherwise 1.8.1996) by 1994 c. 29, s. 55(1); S.I. 1994/3075, art. 2, Sch.; S.I. 1996/1646, art. 2, Sch. (with art. 3)) S. 210(4)(5) applied (19.11.1998) by 1998 c. 46, s. 1(5), Sch. 1 para. 6(5) (with s. 126(3)-(11)) S. 210(4)(5): power to apply (with modifications) conferred (27.7.2001) by 1993 c. 9, s. 20(4A) (as inserted by 2001 asp 7, ss. 4, 5(1)(c) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3) S. 210(4)(5) applied (with modifications) (8.10.2001) by S.S.I. 2001/315, rule 24 S. 210(4)(5): power to apply (with modifications) conferred by Ministry of Defence Police Act 1987 (c. 4), s. 4A(4) (as inserted (9.3.2004) by Police Reform Act 2002 (c. 30) {ss. 79(2)}, 108(2)-(5)); S.I. 2004/636, art. 2 S. 210(4)(5) modified (1.4.2004) by Ministry of Defence Police Appeal Tribunals Regulations 2004 (S.I. 2004/652), reg. 11 S. 210(4)(5) applied by Scotland Act 1998 (c. 46), Sch. 1 para. 11 (as substituted (22.7.2004 with effect as mentioned in s. 1(4) of the amending Act) by Scottish Parliament (Constituencies) Act 2004, s. 1(1), {Sch. 1}) S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), reg. 107(2) S. 210(4)-(8) applied (30.10.1994) by The Conservation (Natural Habitats, etc.) Regulations 1994 (S.I. 1994/2716), regs. 22(3), Sch. 1 para. 4(3) S. 210(4)(5) applied (with modifications) (with application in accordance with rule 1(2) of the amending S.S.I.) by The Parole Board (Scotland) Rules 2022 (S.S.I. 2022/385), rules 1(1), 28(1) (with rule 35) S. 210(6)-(8) applied (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 10(4), 30(4); S.S.I. 2007/516, art. 2 S. 210(6)-(8) applied by Pilotage Act 1987 (c. 21), s. 1A(7) (as inserted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), ss. 26, 30(4); S.S.I. 2007/516, art. 2) S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land on Application) Order 2008 (S.S.I. 2008/199), art. 8(9) S. 210(6)(7)(8) applied (22.5.2008) by The Transport and Works (Scotland) Act 2007 (Access to Land by the Scottish Ministers) Order 2008 (S.S.I. 2008/200), art. 7(9) S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 95(5), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6) S. 210(6)-(8) applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), s. 113(10), 241 (with s. 226); S.I. 2010/101, art. 3(d) (with art. 6) S. 211 extended by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 78(4), 335 S. 215 extended by Value Added Tax Act 1983 (c. 55), Sch. 10 para. 7 S. 225(6) amended: by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 29(2); and Civic Government (Scotland) Act 1982 (c. 45), ss. 134, 135 S. 231 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2 S. 231 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 S. 232 applied (4.1.1995) by 1994 c. 39, s. 60 (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2 S. 232 applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 The text of ss. 130(3), 132(2), 134(2), 135(10), 138(2), 146(2)–(9), 147(2)(6)(7)(8), 155(2)(3)(5)(6)(7), 156(2)(3), 166(2), 170(2), 175, 184, 213(3), 237(1), Schs. 16, 19, 21 paras. 2–12 and Sch. 26 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Power of appointment conferred by s. 238(2) fully exercised: S.I. 1973/1886, 2181 Sch. 6 para. 1(2): power to transfer or modify functions conferred (30.11.2000 for certain purposes only, otherwiseprosp.) by 2000 c. 41, ss. 19(3), 163(2)(3) Sch. 7 applied (with modifications) (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 Sch. 7 applied (with modifications) (25.4.2002) by The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I. 2002/201), art. {10(5)} Sch. 7 applied (with modifications) (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I 2003/1), {art. 10(5)} Sch. 7 modified (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 43(3), 62; S.S.I. 2003/134, art. 2(1), Sch. Sch. 7 para. 2(1) modified (8.11.1994) by 1994 c. 39, s. 7(1), Sch. 2 para. 4(3); S.I. 1994/2850, art. 2, Sch. 1 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7 paras. 5-9 applied (with modifications) (1.4.1996) by S.I. 1995/3026, arts. 1(2), 9, Sch. 2 para. 11 Sch. 7A applied (temp. from 6.4.1995 until 1.4.1996) by S.I. 1995/789, art. 2, Sch. para. 3 1968 c. 16. 1994 c.39. 1972 c. 59. 1983 c. 2. 1981 c. 22. 1972 c. 11. 1970 c. 39. 1968 c. 49. 1970 c. 40. 1965 c. 49. 1970 c. 39. 1967 c. 86. 1845 c. 19. 1845 c. 33. 1923 c. 20. 1947 c. 42. 1959 c. 70. 1959 c. 70. 1936 c. 52. 1774 c. 48. 1966 c. 51. 1980 c. 44 1962 c. 47. 1987 c. 26. 1889 c. 50. 1959 c. 24. 1972 c. 21. 1947 c. 43. 1970 c. 44. 1967 c. 8. 1841 c. 30. 1967 c. 77. 1937 c. 28. 1847 c. 27. 1964 c. 40. 1964 c. 90. 1925 c. 33. 1933 c. 44. 1923 c. 18. 1948 c. 26. 1980 c. 45 ((130).). 1980 c. 45 (130). 1973 c. 65 (81:2). 1972 c. 52. 1963 c. 2. 1968 c. 65. 1889 c. 50. 1982 c. 45. 1982 c. 45. 1984 c. 27(107:1). 1974 c. 52. 1978 c. 44. 1982 c. 45. 1949 c. 31. 1924 c. 27. 1980 c. 44. 1947 c. 43. 1978 c. 30. 1947 c. 43. 1974 c. 46(55:1.) 1962 c. 37 1974 c. 52(43:5). 1980 c. 65(81:1). 1947 c. 43. 1925 c. 15. 1966 c. 49. 1948 c. 26. 1952 c. 47. 1956 c. 60. 1958 c. 64. 1963 c. 12 1964 c. 67. 1966 c. 9. 1966 c. 51. 1969 c. 48. 1957 c. 38. 1947 c. 43. 1967 c. 29. 1930 c. 43 1947 c. 42. 1950 c. 39. 1968 c. 73. 1970 c. 44. 1972 c. 20. 1972 c. 52. 1959 c. 24. 1947 c. 43. 1957 c. 40 1959 c. 24. 1951 c. 66. 1967 c. 78. 1973 c. 37 1968 c. 73. 1896 c. 48. 1930 c. 43. 1954 c. 64. 1958 c. 50. 1847 c. 27. 1862 c. 19. 1897 c. 53. 1937 c. 28. 1960 c. 31. 1964 c. 40. 1887 c. 42. 1920 c. 45. 1955 c. 27. 1962 c. 47. 1969 c. 49 1960 C. 62. 1947 c. 53 1959 c. 70. 1967 c. 69. 1968 c. 16. 1972 c. 5. 1963 c. 2. 1968 c. 65. 1925 c. 38. 1937 c. 48. 1939 c. 44. 1940 c. 31. 1951 c. 35. 1952 c. 46. 1963 c. 43. 1964 c. 70. 1966 c. 51. 1968 c. 38. 1968 c. 54. 1969 c. 27. 1972 c. 66. 1892 c. 12. 1892 c. 55. 1903 c. 33. 1914 c. 46. 1925 c. 38. 1925 c. 68. 1928 c. 29. 1929 c. 33. 1930 c. 43. 1937 c. 28. 1937 c. 48. 1950 c. 24. 1951 c. 35. 1956 c. 30. 1963 c. 43. 1964 c. 70. 1967 c. 86. 1968 c. 49. 1968 c. 73. 1972 c. 52 1969 c. xxiv. 1815 c. 42. 1822 c. 33. 1825 c. 22. 1868 c. 100 1875 c. 17. 1882 c. 49. 1892 c. 54. 1894 c. 58. 1894 C. 60 1897 c. 38. 1914 c. 46. 1916 c. 13. 1919 c. 97. 1922 c. 52. 1922 c. 52. 1922 c. 54. 1925 c. 33. 1928 c. 19. 1928 c. 29. 1928 c. 32. 1929 c. 25. 1930 c. 51. 1931 c. 41. 1933 c. 34. 1936 c. 52. 1937 c. 37. 1937 c. 37. 1939 c. 31. 1945 c. 15. 1947 c. 22. 1948 c. 5. 1948 c. 29. 1948 c. 5. 1949 c. 47. 1949 c. 94. 1949 c. 97. 1950 c. 38. 1951 c. 63. 1952 c. 61. 1967 c. 77. 1953 c. 36. 1953 c. 47. 1954 c. 42. 1954 c. 49. 1955 c. 18. 1955 c. 19. 1955 c. 21. 1956 c. 30. 1956 c. 49. 1956 c.52. 1957 c. 48. 1958 c. 24. 1958 c. 33. 1958 c. 40. 1958 c. 49. 1958 c. 69 1958 c. 5. 1959 c. 40. 1960 c. 34. 1960 c. 67. 1960 c. 68. 1961 c. 41. 1962 c. 37. 1964 c. 67 1965 c. 36. 1965 c. 46 1966 c. 51. 1967 c. 10. 1967 c. 24. 1967 c. 86. 1968 c. 3. 1968 c. 29. 1963 c. 31. 1947 c. 43. 1968 c. 46. 1968 c. 47. 1968 c.49. 1968 c. 67. 1969 c. 10. 1969 c. 48. 1969 c. 41. 1970 c. 49. 1970 c. 40 1971 c. 40. 1972 c. 2. 1972 c. 58. 1972 c. 60. 1972 c. 62. 1973 35. 1973 c. 43. 1947 c. 43. 1973 c. 57. 1973 c. 60. 1892 c. 55. 1903 c. 33. 1911 c. 51. 1903 c. 25. S. 225(6)(b): power exercised to postpone the date on which specified local statutory provisions shall cease to have effect by: S.I. 1984/1926, arts. 1, 2, Sch.; S.I. 1985/1629, arts. 1, 2, Sch.; S.I. 1986/2034, arts. 1, 2, Sch.; S.I. 1987/2090, arts. 1, 2, Sch.; S.I. 1988/2106, arts. 1, 3, Sch.; S.I. 1989/2223, arts. 1, 3, Sch.; and S.I. 1990/2370, arts. 1, 3, Sch. An Act to make provision with respect to local government and the functions of local authorities in Scotland; to amend Part II of the Transport Act 1968; and for connected purposes.
For the administration of local government on and after 16th May 1975, Scotland shall have local government areas in accordance with the provisions of this section.
Scotland (other than Orkney, Shetland and the Western Isles) shall be divided into local government areas to be known as regions, and those regions shall be the regions named in Part I of Schedule 1 to this Act and shall comprise the areas respectively described in column 2 of the said Part I, being administrative areas existing immediately before the passing of this Act.
Orkney, Shetland and the Western Isles shall be local government areas to be known as islands areas, and shall comprise the areas respectively described in column 2 of Part II of the said Schedule, being administrative areas existing immediately before the passing of this Act.
In each region there shall be local government areas to be known as districts, and the districts shall be the districts named in column 2 of Part III of the said Schedule and shall comprise the areas respectively described in column 3 of the said Part III, being administrative areas existing immediately before the passing of this Act.
On 16th May 1975, all local government areas existing immediately before that date, that is to say, all counties, counties of cities, large burghs, small burghs and districts, shall cease to exist, and the council of every such area shall also cease to exist.
Part IV of the said Schedule shall have effect in relation to the boundaries of the new local government areas.
For every region, islands area and district there shall be a council consisting of a chairman and councillors, and each such council shall have all such functions as are vested in them by this Act or otherwise.
Each such council shall be a body corporate by the name "The Regional Council", "The Islands Council" or "The District Council", as the case may be, with the addition of the name of the particular region, islands area or district, and shall have a common seal.
The chairman of each such council as aforesaid shall be elected by the council from among the councillors, and in the case of an equality of votes the chairmanship shall be determined by lot as between those who received an equal number of votes.
The term of office of the chairman shall be four years from the date of his election as chairman, except in the case of the first and second ordinary elections of chairman of a district council when the term of office shall be three years or, in the case of the filling of a casual vacancy, when the council may decide that the person elected to fill the vacancy should serve as chairman for the remainder of the term of office of the council.
The election of the chairman shall be the first business transacted at the first meeting of the council held after the ordinary election of councillors, and at that meeting, until the chairman is elected, the returning officer, and failing him such councillor as may be selected by the meeting, shall preside.
A person holding the office of chairman shall be eligible for re-election as chairman but shall cease to hold that office upon ceasing to be a councillor.
On a casual vacancy occurring in the office of chairman, an election to fill the vacancy shall be held as soon as practicable by the council at a meeting of the council the notice of which specifies the filling of the vacancy as an item of business, and the meeting shall be conducted in the same manner as an ordinary election of chairman.
The tide of " Lord Provost" shall attach to the chairman of each of the district councils of the cities of Aberdeen, Dundee, Edinburgh and Glasgow, the chairman of each other district council shall be known by such title as the district council, with the consent of the Secretary of State, may decide and the chairman of each regional or islands council shall be known as the convener of that council.
A council may pay the chairman, for the purpose of enabling him to meet the expenses of his office, such allowance as the council think reasonable.
Councillors for a local government area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Act of 1949.
The ordinary election of councillors for a regional or islands council shall take place in 1974 and every fourth year thereafter.
Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of regional or islands councillors shall be four years and they shall retire together at the end of such term on the day of the ordinary election of such councillors.
The first ordinary election of councillors for a district council shall take place in 1974, the second such election shall take place in 1977 and the third such election shall take place in 1980; thereafter such elections shall take place every fourth year.
Subject to the provisions of subsection (6) below and of section 37(3) of this Act, the term of office of district councillors shall be and they shall retire together at the end of such term on the day of the ordinary election of district councillors.
for those elected in 1974 and 1977, three years ;
for those elected in 1980 and later, four years ;
A person elected to the office of councillor at an election held under the provisions of section 9 or 10 of this Act shall hold office only until the day of the next ordinary election.
For the purpose of the election of councillors— and each such division or ward shall return one councillor.
every region and every islands area shall be divided into electoral divisions; and
every district shall be divided into wards ;
There shall be a separate election for each electoral division or ward.
Every local authority shall appoint an officer of the authority to be the returning officer for each election of councillors for the authority, and if the person so appointed dies, resigns or is for any other reason unable to act, the authority may appoint another person to be returning officer at that election.
A returning officer appointed under this Act may by writing under his hand appoint one or more persons to discharge all or any of his functions.
A local government election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
Elections of councillors for local government areas shall be conducted in accordance with rules made by the Secretary of State, and accordingly references in the Act of 1949 and in the Representation of the People Act 1969 to local elections rules shall, as respects Scotland, be construed as references to rules made under this section.
Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the Act of 1949 subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.
Without prejudice to the generality of subsection (2) above, rules made under this section shall prescribe that the nomination paper of a candidate for election as a councillor for a local government area shall contain a statement declaring that the candidate—
consents to be nominated as a candidate ;
if elected, will accept office as a councillor and will faithfully perform the duties of the office ;
has attained the age of 21 years and is a British subject or citizen of the Republic of Ireland and not subject to any legal incapacity; and
is not subject to any of the disqualifications for office set out in section 31 of this Act.
The statement mentioned in subsection (3) above shall also contain particulars of the candidate's qualification for office under paragraphs (a) to (d) of section 29(1) of this Act, in such form as may be prescribed by rules made under this section.
All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor to a local authority shall be paid by the council of that authority, but only (in cases where there is a scale fixed for the purposes of this section by that council) in so far as it does not exceed that scale.
Before a poll is taken at an election for a local government area, the council for that area shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.
A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In every year in which ordinary elections of councillors for local government areas are held, the day of election shall be the first Tuesday in May.
If at an election of a councillor for a local authority the poll is, in accordance with the provisions of section 13 of the Representation of the People Act 1969, abandoned or countermanded by reason of the death of a candidate, the returning officer for the election which, by reason of such abandonment or countermanding, has not been duly held or has failed, shall order an election to be held as soon as practicable thereafter on a date to be fixed by him, and he shall remain the returning officer for that election.
At any such election, no fresh nomination shall be necessary in the case of a candidate who remained validly nominated for the election in respect of which the poll was abandoned or countermanded.
If for any reason a local authority or members of a local authority are not elected in accordance with the provisions of this Act or of Part I of the Act of 1949 and the case is not otherwise provided for, or if there is for any reason no legally constituted local authority for any area or the number of members of a local authority then in office is less than the quorum ascertained in accordance with the provisions of Schedule 7 to this Act, the Secretary of State may direct the holding of an election for filling such vacancies as exist, and the election shall be held as soon as practicable thereafter on a date to be fixed by the Secretary of State.
The Secretary of State may, in the said direction, make such provision as seems to him expedient for authorising any person to act in place of a local authority pending the election of members of the authority by an election under subsection (1) above, and any direction under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.
Schedule 2 to this Act shall have effect with respect to the establishment of the new local authorities, the suspension of elections of existing local authorities and related matters, and this Part of this Act shall have effect, in relation to such establishment, subject to the provisions of that Schedule.
Until 16th May 1975 the registration officer for any part of a constituency shall be the person who would, by virtue of the Act of 1949, have held that office apart from the changes to local government areas and authorities effected by this Act.
Schedule 3 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the Representation of the People Acts and other enactments relating to parliamentary and local government elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.
In this Part of this Act " the Act of 1949 " means the Representation of the People Act 1949, and " registration officer " has the same meaning as in that Act.
There shall be a commission to be known as Boundaries Scotland which is to carry out the functions conferred on it by or under this Act or any other enactment.
The provisions of Schedule 4 to this Act shall have effect with respect to Boundaries Scotland.
Boundaries Scotland may, in consequence of a review conducted by it under this Part of this Act, make proposals to the Secretary of State for effecting changes appearing to Boundaries Scotland desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):
the alteration of a local government area;
the constitution of a new local government area;
the abolition of a local government area;
a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under this section or is a change (hereafter in this Part of this Act referred to as a “substantive change”) which is independent of any change in local government areas so proposed.
Subject to sections 15 and 16 of this Act, it shall be the duty of Boundaries Scotland, not less than eight nor more than twelve years after 1st April 1996 and thereafter at intervals of not less than eight nor more than twelve years from the submission of the last report of Boundaries Scotland on the previous review under this subsection, to review all local government areas for the purpose of considering whether to make such proposals in relation to all or any or any part of those areas as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
Without prejudice to subsection (1) above, Boundaries Scotland may at any time, subject to sections 15 and 16 of this Act, review all or any or any part of the local government areas for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act, and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
If Boundaries Scotland receive a request from a local authority or from any person that it should conduct a review under subsection (2) above with respect to any local government area in which the authority or person appears to Boundaries Scotland to have an interest, Boundaries Scotland shall consider the request.
In any case where the Secretary of State has made an order under section 1 of the New Towns (Scotland) Act 1968 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to Boundaries Scotland a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of Boundaries Scotland, subject to section 15(3) of this Act, to review the areas of those districts for the purpose of considering whether to make such proposals in relation to them as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
Any review under this section must be completed no less than 18 months before the date of the next ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983).
The Secretary of State may by direction given to Boundaries Scotland vary the length of any interval specified in section 14(1) of this Act either as respects the whole review or as respects any particular case or cases.
Subject to section 16 of this Act, the Secretary of State may direct Boundaries Scotland to conduct a review of the local government areas as a whole, or of any one or more such areas or parts thereof, for the purpose of considering whether to make such proposals in relation to the areas as are authorised by section 13 of this Act and what proposals, if any, to make, and Boundaries Scotland shall formulate any such proposals accordingly.
The Secretary of State may direct Boundaries Scotland not to undertake during a specified period a review of any one or more local government areas or parts of such areas which it has the duty or power to review under section 14 of this Act.
The Secretary of State may give directions to Boundaries Scotland for its guidance in conducting reviews under this Part of this Act and in making proposals in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.
A direction shall not be given under subsection (4) above with respect to any review conducted under this Part of this Act except after consultation with associations appearing to the Secretary of State to be representative of local authorities.
The Secretary of State may give directions to Boundaries Scotland with respect to the order in which areas are to be reviewed by it under sections 14 and 15(2) of this Act.
No review shall be conducted under section 14 or 15 of this Act for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.
Boundaries Scotland must review the electoral arrangements for a local government area for the purpose of—
considering whether to make proposals to the Scottish Ministers for a substantive change in those arrangements,
considering what proposals, if any, to make, and
formulating any such proposals.
Without prejudice to subsection (2) above, Boundaries Scotland may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a local government area for the purpose of considering whether to make proposals to the Secretary of State for a substantive change in those arrangements and what proposals, if any, to make and Boundaries Scotland shall formulate any such proposals accordingly.
Boundaries Scotland must submit to the Scottish Ministers a report on its review of the electoral arrangements for a local government area under subsection (2)—
in the case of the first report on its review of that area after the coming into force of this subsection by, in so far as is reasonably practicable, no later than 31 October 2030, and
thereafter, in so far as is reasonably practicable, at intervals of not more than 15 years after the date of the submission of the report on its previous review of that area under subsection (2).
Boundaries Scotland may not submit a report in accordance with subsection (2A)(b) or make a proposal to the Scottish Ministers following a review under subsection (3) during any period of 18 months immediately preceding the date of each ordinary local election (within the meaning of section 43(1C) of the Representation of the People Act 1983) held after 6 May 2032.
Boundaries Scotland must submit a report to the Scottish Ministers where it—
has a power or duty to formulate proposals to the Scottish Ministers, and
has been conducting a review of—
any area in accordance with section 14 or 15, or
electoral arrangements in accordance with section 16.
Boundaries Scotland must—
include in the report either—
the proposals it has formulated following the review (or any part of the review), or
a notification that it has no proposals to make following the review (or any part of the review), and
submit the report not later than the expiry of any time limit applicable to the review in question in terms of section 14, 15 or 16.
Where the report includes a proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).
As soon as practicable after Boundaries Scotland has submitted a report under this section, the Scottish Ministers must—
lay the report before the Scottish Parliament, and
if the report proposes an alteration to any local government area or to any electoral arrangements, either—
by regulations give effect to those proposals, or
lay before the Scottish Parliament for approval by resolution a draft Scottish statutory instrument containing regulations giving effect to those proposals (“draft instrument”), in the case where the regulations are subject to the affirmative procedure.
Regulations under subsection (4)(b) are subject to the affirmative procedure if they—
abolish or alter the boundaries of—
any local government area,
any electoral ward, or
increase or decrease the number of councillors to be returned in any electoral ward.
If the draft instrument is withdrawn, or if the motion for the approval of the draft instrument is rejected by the Scottish Parliament, the Scottish Ministers must either—
amend the draft instrument to make such minor or technical alterations as they consider appropriate (“amended draft instrument”) and lay the amended draft instrument before the Scottish Parliament, or
notify Boundaries Scotland that it is required to conduct a further review of the proposals in accordance with section 17A.
As soon as reasonably practicable after laying for approval the amended draft instrument in accordance with subsection (6)(a), the Scottish Ministers must publish a statement setting out their reasons for making the minor or technical alterations to the draft instrument.
The Scottish Ministers must not withdraw a draft instrument or an amended draft instrument laid before the Scottish Parliament under subsection (4)(b)(ii) or, as the case may be, (6)(a) except with the agreement of the Scottish Parliament.
If the Scottish Parliament approves— the Scottish Ministers must make the regulations contained in the draft instrument or, as the case may be, the amended draft instrument.
a draft instrument laid before it by the Scottish Ministers under subsection (4)(b)(ii), or
an amended draft instrument laid before it by the Scottish Ministers under subsection (6)(a),
The Scottish Ministers may lay before the Scottish Parliament under paragraph (b)(ii) of subsection (4) more than one draft Scottish statutory instrument containing regulations giving effect to proposals referred to in that subsection.
Accordingly, the references in subsections (6) to (8) to a draft instrument or an amended draft instrument include references to more than one draft instrument or amended draft instrument.
Boundaries Scotland must conduct a further review of proposals to alter any local government area or electoral arrangements where it has been notified by the Scottish Ministers under section 17(6)(b).
Boundaries Scotland may determine the manner and the extent of the review under this section, provided that the purpose of the review is to—
consider the representations (if any) of the Scottish Parliament, and
reconsider the proposals and make any further or supplementary proposals as it thinks fit.
Sections 18 (except subsections (2) and (3)) and 19 apply to a review under this section as they apply to a review under section 17 (but subject to the modification in subsection (4)).
The modification is that the reference in subsection (2A) of section 18 to a consultation under subsection (2)(a) of that section is to be read as if it were a reference to any consultation carried out by Boundaries Scotland in connection with a review under this section.
Boundaries Scotland may take such steps under section 18(3) as it thinks fit in relation to a review under this section.
Boundaries Scotland must—
before such date as the Scottish Ministers may direct, or in the absence of such direction, within such reasonable time as it may determine, submit a report to the Scottish Ministers on its further review under this section, and
include in the report either—
any further or supplementary proposals it has formulated following the review, or
a notification that it has no further or supplementary proposals to make.
Where the report includes a further or supplementary proposal that the number of councillors to be returned in an electoral ward is two, Boundaries Scotland must include in the report an explanation as to why it considers the proposal to be appropriate unless the proposal relates to an electoral ward consisting wholly or partly of one or more inhabited islands (within the meaning of section 1(2) of the Islands (Scotland) Act 2018).
Subsections (4) to (9) of section 17 apply to a report submitted under this section as they apply to a report submitted under section 17.
But where a report has already been submitted under this section, the Scottish Ministers may notify Boundaries Scotland under subsection (6)(b) of section 17 that it is required to conduct a further review only if the Scottish Parliament has by resolution directed them to do so.
A further review under this section is to be disregarded for the purposes of calculating the intervals between reviews under this Part.
Where Boundaries Scotland propose to conduct a review under the foregoing provisions of this Part of this Act, it must take such steps as it thinks fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.
In conducting any such review, Boundaries Scotland shall—
consult—
the council of any local government area affected by the review, and such other local authorities, community councils and public bodies as appear to it to be concerned;
any bodies representative of staff employed by local authorities who have asked Boundaries Scotland to consult them; and
such other persons as it thinks fit;
take such steps as it thinks fit for seeing that persons who may be interested in the review are informed of any draft proposals or any interim decision not to make proposals, and of the place or places where those proposals or that decision can be inspected;
at least two months before taking any steps under paragraph (b) below to inform other persons of any draft proposals or any interim decision not to make proposals, inform the council of any local government area affected by the review of those proposals or that decision;
in particular, deposit copies of those proposals or that decision at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and
before taking any such steps, take into consideration any representation made to it by such a council during the period of two months beginning on the day on which the council is informed under paragraph (aa);
take into consideration any representation made to it within that period.
Where Boundaries Scotland make a report under this Part of this Act it must —
take such steps as it thinks fit for securing that persons who may be interested in the report are informed of it and of the place or places where it can be inspected;
in particular, deposit copies of the report at the offices of the council of any local government area which may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of regulations giving effect to any proposals contained in the report, or after a notification by Boundaries Scotland that it has no proposals to put forward... .
The Scottish Ministers may give directions to— in relation to consultation under subsection (2)(a) above.
Boundaries Scotland,
the council of any local government area affected by a review,
Subject to the foregoing provisions of this section, the procedure of Boundaries Scotland in conducting any review under this Part of this Act shall be such as it may determine.
Such directions may be given generally or in relation to particular reviews or particular aspects of reviews.
Boundaries Scotland may cause a local inquiry to be held with respect to any review carried out by it under this Part of this Act.
Subsections (3) to (6) and (8) of section 210 of this Act shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to Boundaries Scotland.
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Boundaries Scotland may appoint one or more members of Boundaries Scotland —
to hold any local inquiry or to carry out any consultation or investigation which Boundaries Scotland are required or authorised to hold or carry out under this Act; and
to report to Boundaries Scotland accordingly.
At the request of Boundaries Scotland the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.
The appointment of an assistant commissioner under subsection (2) above—
shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and
shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Treasury.
No local authority shall have power to promote private legislation for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.
The council of a local government area may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the area.
Notice of any change of name made under this section—
shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General of Births, Deaths and Marriages for Scotland; and
shall be published in such manner as the Secretary of State may direct.
Where a council so change the name of their area into Gaelic, they may also, by a resolution passed in accordance with subsection (1) above and notwithstanding sections 2(3) and 3(1)(a) of the Local Government etc. (Scotland) Act 1994, decide that their name shall be “Comhairle” with the addition of the name of their area.
A change of name made in pursuance of this section shall not affect any rights or obligations of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.
A council which have so changed their name into Gaelic may, by a resolution passed in accordance with subsection (1) above, change it back into English.
The name of a region, islands area or district shall not be changed under this section unless the change is made with the consent of the Secretary of State.
The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of regulations under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
Regulations under this section may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of a local Act or any instrument made under an Act.
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under this Part of this Act may include the like provision in relation to the regulations as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
Any such regulations may also include provision with respect to—
the name of any altered area;
the constitution and election of public bodies in any area affected by the regulations;
the retiral of existing councillors for electoral wards which have been abolished or the assignment of such councillors and of other existing councillors to new or altered electoral wards, and the first election of councillors for any new or altered electoral wards;
without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral wards in the local government area in question in a case where substantial changes have been made to some of those wards;
the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the regulations;
the register of electors to be used at any election of . . . councillors for any electoral ward affected by the regulations .
In this section and in section 25 of this Act, “public body” means a local authority, joint board or joint committee.
Subject to any regulations made under section 24 of this Act and to the provisions of any regulations made under this Part of this Act, any public bodies affected by the alteration, abolition or constitution of any area by regulations under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.
The agreement may provide—
for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;
for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and
for the making of any such payment either by way of a capital sum or of a terminable annuity.
In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbiter agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbiter may provide for any matter for which an agreement under this section might have provided; but the provisions of section 3 of the Administration of Justice (Scotland) Act 1972 (power of arbiter to state case to Court of Session) shall not apply in relation to an arbitration under this section.
Any sum required to be paid by a public body in pursuance of an agreement or award under this section shall be defrayed in such manner as may be specified in the agreement or award and, failing the agreement or award so specifying, in such manner as the public body making the payment may determine.
Any capital sum received by a public body in pursuance of an agreement or award under this section shall be treated as capital and shall be applied with the sanction of the Secretary of State either in the repayment of capital debt or for any other purpose for which capital money may be applied.
The power conferred by section 233 to vary and revoke orders under this Act is to be read to apply to regulations under this Part but modified to apply only in relation to any supplementary provision contained in any such regulations, and regulations varying or revoking any such provision may be made only after compliance with subsections (2) and (3).
When the Secretary of State proposes to make any such varying or revoking regulations he shall prepare a draft of the regulations, shall send copies of the draft to such local or public authorities and community councils as appear to him to be concerned, and shall give public notice, in such manner as appears to him sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at one or more places specified in the notice and that representations with respect to the draft may be made to him within two months of the publication of the notice.
The Secretary of State shall consider any representations duly made with respect to the draft and may, if he thinks fit, make regulations either in the form of the draft or subject to modifications.
The Secretary of State may cause a local inquiry to be held with respect to draft regulations under this section.
In this section “supplementary provision” means any such provision as could be made by regulations under this part of this Act by virtue of section 24 or 215 of this Act.
In considering the framing or approval of a scheme or of an amendment to a scheme under Part IV of this Act, a local authority or the Secretary of State may consult Boundaries Scotland on any matter relating to the boundaries of the area of a community council.
In this Part of this Act—
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
" local government area " means a region, islands area or district;
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“company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;
“local government area” means the area of a local authority;
(1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to—
a committee (including a joint committee) of a council and that committee’s members; or
a sub-committee of any such committee of a council and that sub-committee’s members.
In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, or section 4(1) of the Local Governance (Scotland) Act 2004 (asp 9) the Secretary of State and Boundaries Scotland shall so far as is reasonably practicable comply with the rules set out in Schedule 6 to this Act, and the said arrangements shall be in accordance with the provisions of section 1 of the Local Governance (Scotland) Act 2004 (asp 9).
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A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be nominated as a candidate for election as, or to be elected, or to be, a member of a local authority if he has attained the age of 18 years, is a qualifying Commonwealth citizen or a citizen of the Irish Republic or a qualifying foreign national ... and not subject to any legal incapacity and—
is, on the day on which he is nominated as a candidate, a local government elector for the area of the authority; or
has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, occupied as owner or tenant any land or other premises in the area of the authority; or
his principal or only place of work in the twelve months preceding the day on which he is nominated as a candidate has been in the area of the authority; or
has, during the whole of the twelve months preceding the day on which he is nominated as a candidate, resided in the area of the authority.
In subsection (1) above,
A person ceasing to hold office to which he is elected under the Local Government etc. (Scotland) Act 1994 shall, unless he is not qualified or is disqualified, be eligible for re-election.
Subject to subsections (2) and (3) below, a person shall be disqualified for being nominated as a candidate for election as, or for being elected, or for being, a member of a local authority if—
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of the authority; or
of any joint committee or joint board the expenses of which are defrayed in part by the authority; or
he is a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; ...
he has, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; ...
he is subject to a bankruptcy restrictions order;
he is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1983.
the person is subject to—
any relevant notification requirements, or
a relevant sexual harm or risk order,
the person is subject to a Scottish disqualification order under section 8 of the Scottish Elections (Representation and Reform) Act 2025,or
the person is subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders from holding elective office etc).
Where a person is disqualified under subsection (1) above by reason of his estate having been sequestrated, the disqualification shall cease if and when—
the sequestration of his estate is recalled or reduced; or
he is discharged under or by virtue of the Bankruptcy (Scotland) Act 2016 .
A person who is subject to— is not disqualified merely because of subsection (1)(e), (f) or, as the case may be, (g) until the appropriate time.
any relevant notification requirements,
a relevant sexual harm or risk order, or
a relevant disqualification order,
Where a person is disqualified under subsection (1) above by reason of having been adjudged bankrupt, then—
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and
if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.
The appropriate time is—
the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date, or
if earlier, the expiry of the ordinary period allowed for making—
an appeal or application in respect of the conviction, finding, order or certification to which the relevant notification requirements relate,
an appeal against the relevant sexual harm or risk order, or
an appeal against the conviction or the making of the disqualification order.
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But if, before the appropriate time mentioned in subsection (1ZB), the person makes such an appeal or application, the person is disqualified at the end of the period of 3 months beginning with the date of the imposition of the requirements or of the order date unless—
the appeal or application is dismissed or abandoned at any earlier time (in which case the person is disqualified at that time), or
at any time within that period of 3 months the appeal or application is upheld (in which case the person is not disqualified).
A person who is subject to any relevant notification requirements, a relevant sexual harm or risk order or a relevant disqualification order is suspended from performing any of the functions of a member of a local authority during the period beginning with the date of the imposition of the requirements or of the order date and ending with the date on which—
the office is vacated in accordance with subsection (1ZB) or (1ZC), or
an appeal mentioned in subsection (1ZB) is upheld.
A person is disqualified for being a member of a joint board if he or a partner of his holds any paid office or employment (other than the office of convener or depute convener of the board) or other place of profit in the gift or disposal of the board.
A person who is for the time being an officer or employee of the Strathclyde Passenger Transport Authority or an employee of a subsidiary of that Authority shall be disqualified for being appointed or for being a member of the Strathclyde Passenger Transport Authority.
In subsection (1)(ba) above, “bankruptcy restrictions order” means—
a bankruptcy restrictions order made under section 155 of the Bankruptcy (Scotland) Act 2016 ;
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a bankruptcy restrictions order made under paragraph 1 of Schedule 4A to the Insolvency Act 1986 (c. 45); or
a bankruptcy restrictions undertaking entered into under paragraph 7 of that Schedule.
In this section, “relevant notification requirements” means—
the notification requirements of Part 2 of the Sexual Offences Act 2003,
the notification requirements of Part 2 of the Sex Offenders (Jersey) Law 2010,
the notification requirements of Part 2 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
the notification requirements of schedule 1 of the Criminal Justice Act 2001 (an Act of the Tynwald of the Isle of Man).
In this section, “relevant sexual harm or risk order” means—
a sexual harm prevention order under section 11 or 12 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
a sexual harm prevention order under section 103A of the Sexual Offences Act 2003,
sexual offences prevention order under section 104 of that Act,
a sexual harm prevention order under section 345 of the Sentencing Act 2020,
a restraining order under Article 10 of the Sex Offenders (Jersey) Law 2010,
a sexual offences prevention order under section 18 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
a sexual offences prevention order under section 1 of the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man),
a sexual risk order under section 27 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,
risk of sexual harm order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005,
a sexual risk order under section 122A of the Sexual Offences Act 2003,
a risk of sexual harm order under section 123 of that Act,
a child protection order under Article 11 of the Sex Offenders (Jersey) Law 2010,
a risk of sexual harm order under section 22 of the Criminal Justice (Sex Offenders and Miscellaneous Provisions) (Bailiwick of Guernsey) Law 2013,
a risk of sexual harm order under section 5 the Sex Offenders Act 2006 (an Act of the Tynwald of the Isle of Man).
The Scottish Ministers may by regulations make such amendments to subsection (4) and (5) as they consider appropriate in consequence of the amendment, repeal or re-enactment of any legislation of any of the Channel Islands or the Isle of Man which is for the time being specified in those provisions.
Regulations under subsection (6) are subject to the affirmative procedure.
In this section—
Subject to subsection (3) below, proceedings against any person on the ground that he is disqualified (within the meaning of this section) for being nominated as a candidate for election as a member of a local authority may be instituted before the sheriff principal by any opposing candidate at the election.
Subject to subsection (3) below, proceedings against any person on the ground that he acted, or claims to be entitled to act, as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted before the sheriff principal by the local authority concerned or by any four or more local government electors for the area concerned.
Proceedings under this section may not be instituted after the alleged disqualification has ceased to exist, but proceedings pending at the time of such cessation may continue.
Where in proceedings under this section it is proved that a person has acted as a member of a local authority while disqualified for so acting, the sheriff principal may—
make a declaration to that effect and declare that the office in which the person has acted is vacant;
grant interdict against the person so acting;
order the person to pay to the authority such sum not exceeding £100 as the sheriff principal thinks fit.
Where in proceedings under this section it is proved that the person concerned claims to act as a member of a local authority and is disqualified for so acting, the sheriff principal may make a declaration to that effect and declare that the office in which the person claims to be entitled to act is vacant and grant interdict against the person so acting.
The sheriff principal shall have the same powers and privileges as a judge on the trial of a parliamentary election petition.
For the purposes of this section, a person shall be deemed to be disqualified for acting as a member of a local authority if he is not qualified to be, or is disqualified for being, a member of the authority.
A person elected a member of a local authority who is the holder of any paid office or employment or other place of profit in the gift or disposal of the authority is disqualified from remaining a member of the authority after the relevant day unless the person complies with subsection (2) below.
A person complies with this subsection by resigning, not later than the relevant day, from that office, employment or, as the case may be, other place of profit.
A resignation effected in pursuance of subsection (2) above terminates the holding of the office, employment or other place of profit with immediate effect notwithstanding any contrary provision in the terms and conditions under which the office, employment or place of profit is held.
In this section the relevant day is the day first occurring after that on which the person elected a member of the local authority was, under the local elections rules, declared to be so elected (no account being taken of a day which is a Saturday or Sunday or Christmas Eve, Easter Monday, or a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 (c. 80) or a day appointed for public thanksgiving or mourning in Scotland).
In subsection (4) above, the “local elections rules” means an order made under section 3(1) of the Local Governance (Scotland) Act 2004 (asp 9).
This section does not affect section 1 (disqualification and political restriction of certain local government officers and staff) of the Local Government and Housing Act 1989 (c. 42).
The acts and proceedings of any person elected to an office under the Local Government etc. (Scotland) Act 1994 and acting in that office shall, notwithstanding any question as to the validity of his election or his disqualification or want of qualification, be as valid and effectual as if he had been duly elected and qualified.
A member of a local authority may, at any time, resign his office as member by a notice in writing signed by him and delivered to the proper officer of the authority, and his resignation shall take effect upon the expiration of three weeks after the date of delivery of the notice or upon such earlier date, if any, as may be stated in the notice as the date on which the resignation is to take effect.
Subject to subsections (2) to (4) below, if a member of a local authority fails throughout a period of six consecutive months to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority, cease to be a member of the authority.
Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.
A member of any branch of Her Majesty’s naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.
The absence of a member of a local authority from a meeting of the authority during a period of suspension imposed on the member under section 103F or 103G of this Act or section 19 or 21(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is not, for the purposes of this section, a failure to attend the meeting.
For the purpose of filling a casual vacancy in any office for which an election is held under the Local Government etc. (Scotland) Act 1994, the date on which the vacancy is to be deemed to have occurred shall be—
in the case of death, on the date of death;
in the case of resignation, the date on which the notice of resignation takes effect;
in the case of the election of a person who is not qualified to be elected or who is disqualified for being elected a member of a local authority, or of a member of a local authority ceasing to be qualified to be a member or becoming disqualified for being a member, the date on which the office has been declared vacant by the sheriff principal or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7). or the date of the determination of any appeal;
in the case of a full number of members of a local authority not being elected at an election, the day on which the poll was held at the election;
in the case of an election being declared void on an election petition, the date of the decision of the election court;
in the case of a vacancy arising from any other cause, not being a vacancy arising in ordinary course, such date as the local authority may determine.
On a casual vacancy occurring in the office of councillor, an election to fill the vacancy shall be held within three months from the date on which the vacancy is deemed to have occurred, and the day on which the poll is to be held at the election to fill the vacancy shall be fixed by the returning officer.
Where a casual vacancy in any such office occurs within six months before the relevant date . . . , an election shall not be held under subsection (1) above unless, on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.
A person elected to fill a casual vacancy in the office of councillor shall hold office until the day of the next ordinary election.
For the purposes of subsection (2) above, the “relevant date” is—
the first Thursday in May in the year in which the next ordinary election is to be held; or
where, by virtue of subsection (1)(b) of section 43 of the Representation of the People Act 1983 (c.2), the poll at that election is to be held on another day, that other day.
This section applies where—
a casual vacancy occurs in the office of councillor,
the returning officer fixes a date under section 37(1) on which the poll is to be held at the election to fill the casual vacancy, and
the date fixed does not fall within the period of 6 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37(1).
Subsection (4) applies where—
the returning officer fixes a date under subsection (2), and
the date fixed does not fall within the period of 6 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under subsection (2).
Before fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must consult—
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after fixing a date under subsection (2) or (as the case may be) subsection (4), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
the date fixed for the holding of the poll, and
the reasons for the exercise of the power.
For the purposes of this section, section 37B and section 37C the “relevant date” has the meaning given in section 37(2A).
This section applies where—
a casual vacancy occurs in the office of councillor,
on the occurrence of the casual vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies), the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members,
the returning officer fixes a date under section 37 or 37A on which the poll is to be held at the election to fill the casual vacancy, and
the date fixed falls within the period beginning 6 months before the relevant date and ending 3 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may fix another date for the holding of the poll to fill the casual vacancy which is to be within the period of 3 months beginning with the date of the poll fixed by the returning officer under section 37 or (as the case may be) 37A.
Before fixing a date under subsection (2) the returning officer must consult—
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after fixing a date under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
the date fixed for the holding of the poll, and
the reasons for the exercise of the power.
This section applies where—
a casual vacancy occurs in the office of councillor,
the returning officer fixes a date under section 37, 37A or 37B on which the poll is to be held at the election to fill the casual vacancy, and
the date fixed falls within the period of 6 months before the relevant date.
If the returning officer considers it necessary or appropriate for any reason to do so, the returning officer may determine that an election to fill the casual vacancy is not to be held.
Before determining that an election is not to be held under subsection (2), the returning officer must consult—
the Electoral Commission, and
the convener of the Electoral Management Board for Scotland.
As soon as reasonably practicable after determining that an election is not to be held under subsection (2), the returning officer must publish, in such manner as the returning officer considers appropriate, a statement setting out—
that an election is not to be held, and
the reasons for the exercise of the power.
Where an election is not held by virtue of the returning officer’s determination under subsection (2), the casual vacancy is to be filled at the next ordinary election.
A person elected to office as a councillor of a local authority shall not, unless— act in the office except for the purpose of taking such a declaration.
he has made a declaration of acceptance of office in a form prescribed by an order made by the Secretary of State; and
the declaration has within two months from the day of the election been delivered to the proper officer of the local authority,
If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.
The declaration shall be made before either—
two members of the local authority to which the declarant is elected; or
the proper officer of the local authority; or
the sheriff; or
a justice of the peace.
Any person before whom a declaration is authorised to be made under this section may take the declaration.
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Subject to the provisions of section 60 of this Act, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting, and as soon as practicable after its commencement, disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
If any person fails to comply with the provisions of subsection (1) above, he shall for each offence be liable on summary conviction to a fine not exceeding £200 unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.
A local authority may, by standing orders, provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
The following, that is to say— shall not be treated as a pecuniary interest for the purposes of this section.
the receipt by the chairman of a council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;
the receipt by a member of a local authority of an allowance or other payment under any provision of sections 45 to 48 of this Act or his right to receive, or the possibility of his receiving, any such payment;
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For the purposes of section 38 of this Act, a person shall be treated, subject to the following provisions of this section and to section 41 of this Act, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—
he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.
Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.
In the case of married persons living together, the interest of one spouse shall, if known to the other, be deemed for the purpose of section 38 of this Act to be also an interest of the other.
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A general notice, given in writing to the proper officer of the authority by a member thereof, to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.
The proper officer of the authority shall record, in a book to be kept for the purpose, particulars of any disclosure made under section 38 of this Act and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any local government elector for the area of the local authority.
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The Secretary of State, as respects a member of any local authority, may, subject to such conditions as he may think ' fit to impose, remove any disability imposed by section 38 of this Act in any case in which the number of members of a local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.
The power of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member, or any class or description of member, by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.
Nothing in section 38 of this Act precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.
Section 38 of this Act does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as a ratepayer or inhabitant of the area, or as an ordinary consumer of water or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.
For the purposes of section 38 of this Act, a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected, as mentioned in section 39 of this Act, which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.
Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £1,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, sections 38 and 39 of this Act shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose has interest.
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In sections 39 and 41 of this Act, " securities " and " shares " have the same meaning respectively as in the Prevention of Fraud (Investments) Act 1958.
In section 39 of this Act, " public body " includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, or college, school or hall of a university, college of education or central institution or of any institution established under section 81(2) of the Education (Scotland) Act 1962, and the National Trust for Scotland for Places of Historic Interest or Natural Beauty incorporated by the Order confirmed by the National Trust for Scotland Order Confirmation Act 1935. In this subsection, " college of education" and " central institution " have the meanings assigned to them by section 145 of the said Act of 1962.
The provisions of Schedule 7 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees.
For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as " the 1960 Act") shall have effect subject to the following provisions of this section.
Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply to any committee constituted under an enactment specified in section 56(9) of this Act and to any committee appointed by one or more local authorities under section 57 of this Act, not being a committee falling within section 2(1) of the 1960 Act.
Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.
Any member of a local authority who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the local authority may determine.
The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours.
The amount of any allowance determined by a local authority under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the authority entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.
Any member of a body to which this section applies who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty.
Subject to subsection (2) below a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State.
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The following bodies, that is to say— may pay any member of the body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travel and subsistence, as they think fit.
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any body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies;
Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection.
payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed— and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations.
in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and
in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 46 above for the corresponding allowance under that section;
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In relation to any other body to which this section applies, . . . this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.
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In relation to any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in the body’s opinion relate—
to the functions of the body; or
to any functions of local authorities in which the body has an interest.
Subject to subsection (2) below, a local authority may—
defray any travelling or other expenses receipted and reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority;
defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons.
In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of any allowances and reimbursement of expenditure by virtue of regulations made under section 11 of the Local Governance (Scotland) Act 2004 if the making of the visit had been an approved duty of that member.
Sections 45 to 47 of this Act shall apply to the following bodies—
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any joint committee of two more local authorities, whether appointed or established under this Act or any other enactment;
any board, joint board, joint authority or other combined body, all the members of which are representatives of local authorities;
any body prescribed for the purposes of those sections and on which any such body as is mentioned in any of the foregoing paragraphs is represented; and
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In sections 46 to 48 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State.
attendance at a meeting of the body, or of any of its committees or sub-committees;
the doing of any other thing approved by the body, or anything of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees ;
where, in pursuance of a duty imposed on or a power granted to the body by any enactment or instrument (including a Royal Charter), he has been appointed by or on the nomination of the body to be a member of some other body prescribed for the purposes of this paragraph (whether or not also prescribed for the purposes of sections 45 to 47 of this Act), the doing of anything as a member of that other body for the purpose of, or in connection with, the discharge of the functions of that other body.
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For the purposes of sections 45 to 48 of this Act a member of a committee or sub-committee of a . . . body mentioned in subsection (1) above shall be deemed to be a member of that body.
Section 38(4) of this Act shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 45 to 48 of this Act or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989.
The Secretary of State may make regulations as to the manner in which sections 45 to 48 and 49A of this Act are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations—
providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable;
specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections;
providing for the publication by a body to which sections 45 to 47 of this Act apply, in the minutes of that body or otherwise, of details of such payments.
A statutory instrument containing regulations under section 45 49 or 49A of this Act or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Every local authority . . . shall, before 16th May 1976, or such later date as may be agreed by the Secretary of State, submit to the Secretary of State, in accordance with the provisions of this Part of this Act, a scheme for the establishment of community councils for their area.
In addition to any other purpose which a community council may pursue, the general purpose of a community council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable.
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Every local authority shall give public notice of their intention to frame a scheme for the establishment of community councils, and any such notice shall invite the public, within a period of not less than eight weeks from the date of the notice, to make suggestions as to the areas and composition of the community councils.
After considering suggestions made under subsection (1) above, the local authority shall prepare and give public notice of a draft scheme which shall contain—
a map showing the boundaries of the proposed areas of community councils and their populations, and the boundaries of any area for which the local authority consider a community council to be unnecessary;
where a local authority consider that a community council is unnecessary for any area, a statement of their reasons for arriving at this conclusion;
provisions relating to qualifications of electors, elections or other voting arrangements, composition, meetings, financing and accounts of community councils;
provisions concerning the procedures to be adopted by which the community councils on the one hand and the local and public authorities with responsibilities in the areas of the community councils on the other will keep each other informed on matters of mutual interest; and
such other information as, in the opinion of the local authority, would help the public to make a reasonable appraisal of the scheme.
The notice mentioned in subsection (2) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make to the local authority representations as respects the draft scheme.
After considering any representations made under subsection (3) above, the local authority may amend the draft scheme to take account of those representations and shall submit the scheme to the Secretary of State for his approval along with any outstanding representations and their comments upon them.
The Secretary of State, after holding, if he thinks fit, a local inquiry in relation to the whole scheme or any part thereof, may approve, with or without modifications, a scheme submitted to him under subsection (4) above, or may refer the scheme back, in whole or in part, for further consideration by the local authority concerned.
After the Secretary of State has approved a scheme, the local authority shall give public notice of the scheme in its approved form together with public notice of such a scheme as it applies to each proposed area, by exhibition in that area, and any such notice shall contain an invitation to electors in the area concerned to apply in writing to the local authority for the establishment of a community council in accordance with the scheme.
Where not less than 20 electors apply as mentioned in subsection (6) above, the local authority shall, within not more than six weeks from the date of the application, organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing the community council.
Having regard to changing circumstances and to any representations made to them, every local authority shall from time to time review schemes made and approved under section 52 of this Act and, where they consider that such a scheme ought to be amended, they shall give public notice of their proposals, inviting any community council concerned and the public to make to the local authority representations as respects the proposals.
The local authority shall consider any representations made under subsection (1) above and may amend the scheme in accordance with— Provided that the scheme shall not be amended under paragraph (b) of this subsection unless public notice of the amendments to the proposals has been given with a further invitation to make representations under subsection (1) above.
the notified proposals; or
those proposals as amended to take account of any such representations:
A decision of the local authority— a scheme, shall be by resolution passed by not less than two-thirds of the members voting thereon at a local authority meeting specially convened for the purpose with notice of the object.
to review, under subsection (1) above; or
to amend, under subsection (2) above,
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If, contrary to section 51 of this Act, a local authority fail to submit to the Secretary of State a scheme for their area or any part thereof, he may himself prepare a scheme, carry out any consultations which seem to him to be appropriate, and, if he thinks fit, hold a local inquiry in relation to the scheme.
After considering those consultations and the result of any local inquiry, the Secretary of State may confirm the scheme subject to such, if any, modifications as he thinks fit, and may organise, in accordance with the scheme, elections or other voting arrangements for the purpose of establishing a community council or councils for the area or areas concerned.
If, contrary to section 53 of this Act, a local authority fail to review a scheme or make proposals in pursuance of such review, the Secretary of State may propose amendments to the scheme, carry out consultations and hold a local inquiry as aforesaid.
After considering those consultations and the result of any local inquiry, the Secretary of State may confirm the amendments subject to such, if any, modifications as he thinks fit.
Where a scheme or amendments are confirmed by the Secretary of State under this section, he shall give public notice of the scheme or amendments as confirmed.
Any expenses incurred by the Secretary of State by virtue of this section, which he certifies as having been incurred in performing the functions of a local authority, may be recovered by him from that authority.
. . . councils for local government areas may make such contributions as they think fit towards the expenses of community councils within their areas, may make loans to those councils and may, at the request of such community councils, provide them with staff, services, accommodation, furniture, vehicles and equipment, on such terms as to payment or otherwise as may be agreed between the councils concerned.
A meeting of a local authority shall be open to the public except to the extent that they are excluded (whether during the whole or part of the proceedings) under subsection (2) below or by resolution under subsection (4) below.
The public shall be excluded from a meeting of a local authority during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that, if members of the public were present during consideration of that item, confidential information would be disclosed to them in breach of the obligation of confidence; and nothing in this Part shall be taken to authorise or require the disclosure of confidential information in breach of the obligation of confidence.
For the purposes of subsection (2) above, “confidential information” means— and, in either case, the reference to the obligation of confidence is to be construed accordingly.
information furnished to the authority by a Government department upon terms (however expressed) which forbid the disclosure of the information to the public; and
information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court;
A local authority may by resolution exclude the public from a meeting during consideration of an item of business whenever it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during consideration of that item of business there would be disclosure to them of exempt information, as defined in section 50J below.
A resolution under subsection (4) above shall— and where such a resolution is passed this section shall not require a meeting to be open to the public during proceedings to which the resolution applies.
identify the proceedings, or the part of the proceedings, to which it applies; and
state the description, in terms of Schedule 7A to this Act, of the exempt information giving rise to the exclusion of the public,
The following provisions shall apply in relation to a meeting of a local authority, that is to say—
public notice of the time and place of the meeting shall be given by posting it at the offices of the authority three clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened;
while the meeting is open to the public, the authority shall not have power to exclude members of the public from the meeting; and
where the meeting is open to the public, duly accredited representatives of newspapers attending the meeting for the purpose of reporting the proceedings for those newspapers shall, so far as practicable, be afforded reasonable facilities for taking their report and, unless the meeting is held in premises not belonging to the authority or not connected to a public electronic communications network, for transmitting the report by means of such a network at their own expense.
Nothing in this section shall require a local authority to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.
This section is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.
Copies of the agenda for a meeting of a local authority and, subject to subsection (2) below, copies of any report for the meeting shall be open to inspection by members of the public at the offices of the authority in accordance with subsection (3) below.
If the proper officer thinks fit, there may be excluded from the copies of reports provided in pursuance of subsection (1) above the whole of any report which, or any part which, relates only to items during consideration of which, in his opinion, the meeting is likely not to be open to the public.
Any document which is required by subsection (1) above to be open to inspection shall be so open at least three clear days before the meeting, except that— but nothing in this subsection or subsection (1) above requires copies of any agenda, item or report to be open to inspection by the public until copies are available to members of the authority.
where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and
where an item is added to an agenda copies of which are open to inspection by the public, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item shall be open to inspection from the time the item is added to the agenda;
An item of business may not be considered at a meeting of a local authority unless either—
a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least three clear days before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or
by reason of special circumstances, which shall be specified in the minutes, the convenerof the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
Where by virtue of subsection (2) above the whole or any part of a report for a meeting is not open to inspection by the public under subsection (1) above—
every copy of the report or of the part shall be marked “Not for publication”; and
there shall be stated on every copy of the whole or any part of the report the description, in terms of Schedule 7A to this Act, of the exempt information by virtue of which the authority are likely to exclude the public during consideration of the item to which the report relates.
Where a meeting of a local authority is required by section 50A above to be open to the public during the proceedings or any part of them, there shall be made available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and, subject to subsection (8) below, of the reports for the meeting.
There shall, on request and on payment of postage or other necessary charge for transmission, be supplied for the benefit of any newspaper—
a copy of the agenda for a meeting of a local authority and, subject to subsection (8) below, a copy of each of the reports for the meeting;
such further statements or particulars, if any, as are necessary to indicate the nature of the items included in the agenda; and
if the proper officer thinks fit in the case of any item, copies of any other documents supplied to members of the authority in connection with the item.
Subsection (2) above applies in relation to copies of reports provided in pursuance of subsection (6) or (7) above as it applies in relation to copies of reports provided in pursuance of subsection (1) above.
After a meeting of a local authority the following documents shall be open to inspection by members of the public at the offices of the authority until the expiration of the period of six years beginning with the date of the meeting, namely—
the minutes, or a copy of the minutes, of the meeting, excluding so much of the minutes of the proceedings during which the meeting was not open to the public as discloses exempt information;
where applicable, a summary under subsection (2) below;
a copy of the agenda for the meeting; and
a copy of so much of any report supplied to members of the authority for the meeting as relates to any item during consideration of which the meeting was open to the public.
Where, in consequence of the exclusion of parts of the minutes which disclose exempt information, the document open to inspection under subsection (1)(a) above does not provide members of the public with a reasonably fair and coherent record of the whole or part of the proceedings, the proper officer shall make a written summary of the proceedings or the part, as the case may be, which provides such a record without disclosing the exempt information.
Subject, in the case of section 50C(1), to subsection (2) below, if and so long as copies of the whole or part of a report for a meeting of a local authority are required by section 50B(1) or 50C(1) above to be open to inspection by members of the public— shall also be open to such inspection at the offices of the authority.
copies of a list, compiled by the proper officer, of the background papers for the report or the part of the report, and
at least one copy of each of the documents included in that list,
Subsection (1) above does not require a copy of the list, or of any document included in the list, to be open for inspection after expiration of the period of four years beginning with the date of the meeting.
Where a copy of any of the background papers for a report is required by subsection (1) above to be open to inspection by members of the public, the copy shall be taken for the purposes of this Part to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect the copy.
Nothing in this section—
requires any document which discloses exempt information to be included in the list referred to in subsection (1) above; or
without prejudice to the generality of subsection (2) of section 50A above, requires or authorises the inclusion in the list of any document which, if open to inspection by the public, would disclose confidential information in breach of the obligation of confidence, within the meaning of that subsection.
For the purposes of this section the background papers for a report are those documents relating to the subject matter of the report which— but do not include any published works.
disclose any facts or matters on which, in the opinion of the proper officer, the report or an important part of the report is based, and
have, in his opinion, been relied on to a material extent in preparing the report,
Sections 50A to 50D above shall apply in relation to— as they apply in relation to a local authority.
a committee or sub-committee of a local authority, and
a committee (not falling within paragraph (a) above) constituted under an enactment specified in section 56(9) below or a sub-committee of such a committtee, and
a relevant body, or a committee or sub-committee of such a body,
In the application by virtue of this section of sections 50A to 50D above in relation to a committee , sub-committee or relevant body—
section 50A(6)(a) shall be taken to have been complied with if the notice is given by posting it at the time there mentioned at the offices of every constituent authority and if the meeting of the committee , sub-committee or relevant body to which that section so applies is to be held at premises other than the offices of such an authority, at those premises; and
for the purposes of section 50A(6)(c), premises belonging to a constituent authority shall be treated as belonging to the committee , sub-committee or relevant body; and
for the purposes of sections 50B(1), 50C(1) and 50D(1), offices of any constituent authority shall be treated as offices of the committee , sub-committee or relevant body.
Any reference in subsection (2) above to a constituent authority is a reference to a local authority which (whether alone or with one or more other local authorities) .
in the case of a relevant body or a committee or sub-committee of such a body, appointed the members of the relevant body;
in the case of any other committee, appointed the committee; or
in the case of any other sub-committee, appointed the committee of which that body is a sub-committee.
Any document which is in the possession or under the control of a local authority and contains material which relates to any business to be transacted or proceedings at a meeting of— shall, subject to subsection (2) below, be open to inspection by any member of the authority and, in the case of a committee , sub-committee or relevant body, by any other member of the committee , sub-committee or relevant body.
the authority or of a committee or sub-committee of the authority; or
a statutory committee appointed by the authority, or any sub-committee of that committee, ; or
a relevant body, any member of which was appointed by the authority, or of a committee or sub-committee of such a body
Where it appears to the proper officer that a document discloses exempt information of a description for the time being falling within any of paragraphs 1 to 5, 7, 9, 11, 12 and 14 of Part I of Schedule 7A to this Act, subsection (1) above does not require the document to be open to inspection.
The Secretary of State may by order amend subsection (2) above—
by adding to the descriptions of exempt information to which that subsection refers for the time being; or
by removing any description of exempt information to which it refers for the time being.
Any statutory instrument containing an order under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The rights conferred by this section on a member of a local authority are in addition to any other rights he may have apart from this section.
A local authority shall maintain a register stating—
the name and address of each member of the authority for the time being and the electoral . . . ward which he represents; and
the name and address of every member of each committee or sub-committee of the authority for the time being.
A local authority shall maintain a list— but this subsection does not require a power to be specified in the list if the arrangements for its discharge by the officer are made for a specified period not exceeding six months.
specifying those powers of the authority which, for the time being, are exercisable from time to time by officers of the authority in pursuance of arrangements made under this Act or any other enactment for their discharge by those officers; and
stating the title of the officer by whom each of the powers so specified is for the time being so exercisable;
There shall be kept at the offices of every local authority a written summary of the rights— which are for the time being conferred by this Part, Part XI below and such other enactments as the Secretary of State by order specifies.
to attend meetings of the authority and of committees and sub-committees of the authority, and
to inspect and copy documents and to be furnished with documents,
The register maintained under subsection (1) above, the list maintained under subsection (2) above and the summary kept under subsection (3) above shall be open to inspection by the public at the offices of the authority.
A document directed by any provision of this Part to be open to inspection shall be so open at all reasonable hours—
in the case of a document open to inspection by virtue of section 50D(1) above, upon payment of such reasonable fee as may be required for the facility; and
in any other case, without payment.
Where a document is open to inspection by a person under any provision of this Part, the person may, subject to subsection (3) below— upon payment of such reasonable fee as may be required subject to any provision to the contrary in any other enactment or instrument.
make copies of or extracts from the document,
require the person having custody of the document to supply to him a photographic copy of or of extracts from the document,
Subsection (2) above does not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is a local authority, nothing done in pursuance of that subsection shall constitute an infringement of the copyright.
If, without reasonable excuse, a person having the custody of a document which is required by section 50B(1) or 50C(1) above to be open to inspection by the public— he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
intentionally obstructs any person exercising a right conferred by this Part to inspect, or to make a copy of or extract from, the document, or
refuses to furnish copies to any person entitled to obtain them under any provision of this Part,
Where any accessible document for a meeting to which this subsection applies— the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.
is supplied to, or open to inspection by, a member of the public, or
is supplied for the benefit of any newspaper, in pursuance of section 50B(7) above,
Subsection (5) above applies to any meeting of a local authority and any meeting of a committee or sub-committee as is mentioned in paragraph (a) or (b) of section 50E(1) above and any meeting of a relevant body or of a committee or sub-committee of such a body; and for the purposes of that subsection the “accessible documents” for a meeting are the following—
any copy of the agenda or of an item included in the agenda for the meeting;
any such further statements or particulars for the purpose of indicating the nature of any item included in the agenda as are mentioned in section 50B(7)(b) above;
any copy of a document relating to such an item which is supplied for the benefit of a newspaper in pursuance of section 50B(7)(c) above;
any copy of the whole or part of a report for the meeting;
any copy of the whole or part of any background papers for a report for the meeting, within the meaning of section 50D above.
The rights conferred by this Part to inspect, copy and be furnished with documents are in addition, and without prejudice, to any such rights conferred by or under any other enactment.
The descriptions of information which are, for the purposes of this Part, exempt information are those for the time being specified in Part I of Schedule 7A to this Act, but subject to any qualifications contained in Part II of that Schedule; and Part III has effect for the interpretation of that Schedule.
The Secretary of State may by order vary Schedule 7A to this Act by adding to it any description or other provision or by deleting from it or varying any description or other provision for the time being specified or contained in it.
Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part—
“information” includes an expression of opinion, any recommendations and any decision taken;
References in this Part to a committee or sub-committee, in relation to a local authority, shall be construed in accordance with the following provisions—
references to a committee of a local authority are references to a committee appointed under section 57 below by the authority or by two or more local authorities of which one is that authority and references to a sub-committee of a local authority are references to a sub-committee appointed by such a committee under that section; and
references to a statutory committee appointed by a local authority are references to a committee constituted under an enactment specified in section 56(9) below other than a committee constituted under either of the enactments specified in paragraph (d) of that section and appointed by the authority or by two or more local authorities of which that authority is one and references to a sub-committee of such a statutory committee shall be construed accordingly.
Any reference in this Part to a meeting is a reference to a meeting commenced after the 1st April 1986.
Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions by a committee of the authority, a sub-committee, an officer of the authority or by any other local authority in Scotland.
Where by virtue of this section any function of a local authority may be discharged by any committee or sub-committee of theirs, then, unless the local authority otherwise direct—
the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority; and
the sub-committee, whether assigned the discharge of functions by the authority or by a committee, may arrange for the discharge of any such functions by an officer of the authority.
Where by virtue of this section any functions of a local authority may be discharged by another local authority, subsections (1) and (2) above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—
the foregoing provision shall have effect subject to the terms of the arrangement relating to the functions; and
that other authority shall not, by virtue of this subsection, arrange for the discharge of those functions by some other local authority.
Any arrangement made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.
Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
A local authority’s functions with respect to— shall be discharged only by the authority.
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setting an amount of council tax in accordance with section 93(1) of the Local Government Finance Act 1992, or setting a reduced amount of council tax under section 94 of that Act or paragraph 3 of Schedule 7 to that Act;
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borrowing money,
approval of any annual investment strategy or annual investment report required by any consent issued by the Scottish Ministers by virtue of section 40 of the Local Government in Scotland Act 2003 (asp 1),
A local authority shall not make arrangements under this section for the discharge of any of their functions under the Animal Health Act 1981 by any other local authority.
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Any enactment, except one mentioned in subsection (9) below, which contains any provision— shall, to the extent that it makes any such provision, cease to have effect.
which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose, or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or
which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;
The duty to carry out a review of a case imposed on an authority under section 86(2) of the Community Empowerment (Scotland) Act 2015 (reviews by local authorities of asset transfer requests) must be discharged only by the authority or a committee or sub-committee of the authority; and accordingly no such committee or sub-committee may arrange for the discharge under subsection (2) of the duty by an officer of the authority.
The following enactments are exempted from subsection (8) above—
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section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc.);
section 9 of the said Act of 1972 (superannuation of teachers).
In subsection (6B), the reference to section 86(2) of the Community Empowerment (Scotland) Act 2015 includes a reference to that section as applied by subsection (2) of, and modified in such application by virtue of subsection (4) of, section 89 of that Act.
This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which, by any enactment mention in subsection (9) above, are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.
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A local authority is not to make arrangements under this section for the discharge of any functions conferred on it by the Public Bodies (Joint Working) (Scotland) Act 2014 by any other local authority.
The Secretary of State may approve, with or without modifications, proposals submitted to him under subsection (11) above or may refuse to approve them, and any such proposals may be varied or revoked by subsequent proposals which shall be submitted to the Secretary of State for approval or otherwise as aforesaid.
The Strathclyde Regional Council shall cause their said functions to be discharged in accordance with any proposals approved under subsection (12) above, and on 15th May 1978 subsections (11) and (12) above and this subsection shall cease to have effect.
References in this section and section 57 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.
Nothing in this section affects the operation of the Local Authorities (Goods and Services) Act 1970.
In this section, “Act” includes an Act of the Scottish Parliament.
For the purpose of discharging any functions of a local authority in pursuance of arrangements made under section 56 of this Act—
the authority may appoint a committee of the authority; or
two or more local authorities may appoint a joint committee of those authorities; or
any such committee may appoint one or more sub-committees.
Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority, shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.
A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area may, subject to section 59 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.
A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—
may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and
may appoint one or more sub-committees to advise the committee with respect to any such matter.
Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
The expenses incurred by a joint committee appointed under this Part of this Act or any other enactment shall be defrayed by the appointing local authorities in such proportions as they may agree or, in the case of disagreement, as may be determined by the Secretary of State.
Subject to section 126 of this Act, a person who is disqualified under Part III of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee of the authority and another local authority, whether the committee or joint committee are appointed under this Act or under any other enactment.
Section 32 of this Act shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee or sub-committee of a local authority or of a joint committee appointed by local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.
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as respects members of a committee or sub-committee, references to meetings of the committee or subcommittee shall be substituted for references to meetings of the local authority; and
as respects members of a joint committee, references to meetings of the joint committee shall be substituted for references to meetings of the local authority.
Where a local authority by virtue of any enactment of instrument or otherwise appoint a member of the authority to be a member of any court or body, then, unless otherwise specifically provided in the enactment or instrument regulating the constitution of the court or body, the person so appointed shall cease to be a member of the court or body on ceasing to be a member of the authority.
A local authority appointing a committee, and local authorities appointing a joint committee, either under this Act or under any other enactment, may make, vary or revoke standing orders respecting the quorum, proceedings and place of meeting of the committee, joint committee or any sub-committee of any such committee, but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.
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Subsections (2) to (4) below shall have effect for the purposes of the application of the foregoing provisions of this Part of this Act to a local authority in relation to their functions as a police authority.
A police authority may not arrange under section 56(1) of this Act for the discharge of any of their functions by another police authority or a district council.
The following provisions of this Part of this Act shall not apply to a police authority—
in section 56, subsections (3), (5) and (10),
section 57(1)(b).
Section 62 of this Act shall not apply in a case where a joint police committee are constituted by or under an amalgamation scheme made under Part I of the Police (Scotland) Act 1967.
Subsections (1) and (2) of section 56 of this Act shall apply to a joint police committee as they apply to a local authority except that—
they may not arrange for the discharge of any of their functions by another joint police committee or a police authority or district council, or
if the function relates to part only of the combined area in respect of which the committee are exercising functions, they may not arrange for the discharge of that function by any other person.
Where— the Secretary of State may by order establish a joint board in accordance with this section to discharge those functions.
arrangements are made (whether under this Act or any other enactment) for two or more local authorities (in this Part of this Act referred to as “the relevant authorities”) to discharge any of their functions, or any functions in any area, jointly;
the relevant authorities have—
appointed, or propose to appoint, a joint committee to discharge those functions; and
advertised their proposals in accordance with subsection (2) below; and
application is made, in writing, to the Secretary of State by the relevant authorities for the incorporation of that joint committee (or proposed joint committee) as a joint board to carry out those functions,
Before applying to the Secretary of State under subsection (1)(c) above, the relevant authorities shall place in at least one daily newspaper circulating in their areas an advertisement— and they shall include with their application evidence that an advertisement has been placed.
giving brief details of what they propose to do;
giving an address to which representations about the proposal may be sent; and
fixing a date, being not less than 8 weeks after the date on which the advertisement appears, within which representations may be made,
Where any representations are timeously made in response to an advertisement placed in accordance with subsection (2) above, the relevant authorities shall consider them and shall include with their application a statement that they have done so.
An order under subsection (1) above shall delegate to the joint board such of the functions of the relevant authorities as may be specified in the order and may include provision with respect to— and may, without prejudice to the generality of paragraphs (a) to (e) above, apply (with or without modifications) any of the provisions of Part V of this Act to a joint board as those provisions apply to a joint committee.
the constitution and proceedings of the joint board;
matters relating to the membership of the joint board;
the transfer to the joint board of any property, rights and liabilities of the relevant authorities;
the transfer to the joint board of any staff of the relevant authorities;
the supply of services or facilities by the relevant authorities to the joint board,
A joint board established under this section shall be a body corporate and shall have a common seal.
An order under subsection (1) above shall be in terms agreed by the relevant authorities.
An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where the Secretary of State considers— he may, after consulting the relevant authorities, by order establish a joint board in accordance with this section.
that any functions, or any functions in any area, of the relevant authorities should be discharged jointly by those authorities; and
that arrangements, or satisfactory arrangements, for the joint discharge of those functions—
have not been made by the relevant authorities; or
have ceased to be in operation,
Subsections (4) and (5) of section 62A of this Act shall apply to a joint board established under this section as they apply to a joint board established under that section with the substitution of a reference to subsection (1) of this section for the reference to subsection (1) of that section.
No order shall be made under subsection (1) above unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.
Where a joint board has been established by order under section 62A or 62B of this Act, the Secretary of State may by order provide—
for excluding any functions, or any functions in any area, from those specified in the order establishing that joint board; and
for the dissolution of the joint board.
An order shall not be made under subsection (1) above unless the Secretary of State has consulted the relevant authorities.
An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make an order under this section or section 62A or 62B of this Act shall include power to make such transitional, incidental, supplemental or consequential provision as the Secretary of State thinks necessary or expedient.
An order under this section or section 62A or 62B of this Act may, for the purpose of making such provision as is mentioned in subsection (4) above— any enactment or any instrument made under any enactment.
apply with or without modifications;
extend, exclude or amend; or
repeal or revoke with or without savings,
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Subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of their functions and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 65 of this Act.
An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.
Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any enactment and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under the enactment required or entitled him to do it.
Any enactment, except one mentioned in subsection (5) below, which requires or empowers local authorities or any class of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.
The following enactments are excepted from subsection (4) above—
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section 32 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
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section 3 of the Social Work (Scotland) Act 1968 (chief social work officers);
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section 67(3)(b) of the Agriculture Act 1970 (agricultural analysts and deputies).
Nothing in this section affects the operation of section 7 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 (registrars) or the operation of the Local Authorities (Goods and Services) Act 1970.
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Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.
For superannuation purposes, service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities’ functions as an officer of that other local authority.
A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may, in the case of any other officer employed by them, take such security for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.
A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.
A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.
A person who is a member of a local authority is disqualified from being appointed by the authority to any paid office or employment (other than the office of convener or depute convener) or other place of profit in the gift or disposal of the authority.
A person who has ceased to be a member of a local authority is disqualified—
for a period of 3 months beginning with the day on which the person ceased to be a member of a local authority from being appointed by the authority to any such office, employment or place of profit which is not a politically restricted post;
for a period of 12 months beginning with that day from being appointed by the authority to any such office, employment or place of profit which is a politically restricted post.
A person who— is, for the period of 12 months beginning on that day, disqualified from being appointed by the authority to any paid office or employment or other place of profit in the gift or disposal of the authority.
has ceased to be a member of a local authority; and
at any time during the period of 12 months ending with the day on which the person so ceased, participated directly in the appointing of any person to a politically restricted post,
A reference to a politically restricted post is—
in subsection (2) above, a reference to a post held by a person who is within any of paragraphs (a) to (g) of subsection (1) of section 2 (politically restricted posts the holders of which are disqualified from membership of the local authority) of the Local Government and Housing Act 1989 (c. 42);
in subsection (3) above, a reference to a post held by a person who is within any of paragraphs (a) to (e) of that subsection.
If it comes to the knowledge of an officer employed whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall, as soon as practicable, give notice in writing to the authority of the fact that he is interested therein. For the purposes of this section, an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 39 of this Act had he been a member of the authority.
An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.
Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
References in this section to a local authority shall include references to a joint committee appointed under section 57 of this Act or any other enactment.
Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.
A local authority shall not by virtue of this section raise money, whether by means of rates or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.
Without prejudice to section 53 of the Countryside (Scotland) Act 1967 (contributions by or to local authorities), two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.
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For the purposes of— a local authority may acquire by agreement any land, whether situated inside or outside their area.
any of their functions under this or any other enactment, or
the benefit, improvement or development of their area,
A local authority may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the authority’s functions.
For the purpose of the purchase of land by agreement by a local authority, the Lands Clauses Acts (except so much thereof as relates to the acquisition of land otherwise than by agreement, and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and section 6 and sections 70 to 78 of the Railways Clauses Consolidation (Scotland) Act 1845 (as originally enacted and not as amended by section 15 of the Mines (Working Facilities and Support) Act 1923) are hereby incorporated with this section, and, in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking or company, as the case may require.
Where two or more local authorities acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those authorities from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.
References in the foregoing provisions of this section to acquisition are references to acquisition by purchase, feu, lease or excambion.
Subject to subsection (2) below, for the purposes of any of their functions under this or any other enactment, a local authority may be authorised by the Minister concerned with the function in question to purchase compulsorily any land, whether situated inside or outside their area.
A local authority may not be authorised under subsection (1) above to purchase land compulsorily for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.
Where one or more local authorities propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one local authority, between those authorities, and—
the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and
where there is more than one local authority concerned, the authorities may nominate one of them to acquire the land on behalf of them all and the authority so nominated shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.
The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.
The title to all land acquired by a local authority shall be taken in the corporate name of the authority.
Subject to Part II of the Town and Country Planning (Scotland) Act 1959 and to the following provisions of this section, a local authority may appropriate for the purpose of any function, whether statutory or otherwise, land vested in them for the purpose of any other such function.
A local authority may ... exercise their power of appropriation under subsection (1) above with respect to any land specified in subsection (3) below subject to sections 117 and 118 of the Community Empowerment (Scotland) Act 2015.
The land to which subsection (2) above applies is land which is held for use as allotments (within the meaning of section 107 of that Act).
land which was acquired not more than ten years before the date of the proposed appropriation in the exercise of compulsory powers by a local authority (including, in respect of an acquisition before 16th May 1975, any existing local authority) and which has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired; and
land which consists or forms part of a common or open space, or is held for use as allotments.
Subject to Part II of the Town and Country Planning (Scotland) Act 1959 and to subsection (2) below, a local authority may dispose of land held by them in any manner they wish.
Except in accordance with regulations under subsection (2C) below, a local authority shall not dispose of land under subsection (1) above for a consideration less than the best that can reasonably be obtained.
Subsection (2) does not extend to a disposal where—
the best consideration that can reasonably be obtained is less than the threshold amount; or
the difference between that consideration and the proposed consideration is less than the marginal amount.
The Scottish Ministers shall, by regulations, fix the threshold amount and the marginal amount for the purposes of subsection (2A) above.
The Scottish Ministers may, by regulations, provide as to the circumstances in which and procedure by which local authorities may, under this section, dispose of land for a consideration less than the best that can reasonably be obtained.
Those regulations may include provision—
requiring a local authority proposing to dispose of land at less than the best consideration that can reasonably be obtained to appraise and compare the costs and other disbenefits and the benefits of the proposal;
requiring the local authority, before deciding in favour of the proposal, to be satisfied that so deciding would be reasonable; and
setting out factors to which the local authority must have regard when considering whether its decision would be reasonable.
References in this section to the best consideration that can reasonably be obtained by a local authority are references to that consideration as assessed by a suitably qualified valuer.
In appointing and instructing a suitably qualified valuer for the purposes of subsection (2E) above, the local authority shall have regard to any guidance provided by the Scottish Ministers on—
what are suitable qualifications;
what factors are to be or not to be taken into account by the valuer in assessing the consideration referred to in that subsection.
Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
Before making such regulations, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think fit.
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The provisions of this Part of this Act with respect to the appropriation or disposal of land belonging to a local authority shall apply in the case of land forming part of the common good of an authority with respect to which land no question arises as to the right of the authority to alienate.
Where a local authority desire to appropriate or dispose of land forming part of the common good with respect to which land a question arises as to the right of the authority to alienate, they may apply to the Court of Session or the sheriff to authorise them to appropriate or dispose of the land, and the Court or sheriff may, if they think fit, authorise the authority to appropriate or dispose of the land subject to such conditions, if any, as they may impose, and the authority shall be entitled to appropriate or dispose of the land accordingly.
The Court of Session or sheriff acting under subsection (2) above may impose a condition requiring that the local authority shall provide in substitution for the land proposed to be appropriated or disposed of other land to be used for the same purpose for which the former land was used.
Where an heir of entail in possession of land disposes of land to a local authority for the purpose of public recreation under the provisions of this Act or any other enactment (not being land within a quarter of a mile of the mansion house in the natural possession of the heir of entail or part of any garden, orchard or enclosure adjacent to the mansion house which has usually been in the natural possession of the proprietor) and such land does not exceed in all twenty acres, and where the persons in right of heritable securities or other charges affecting such land refuse to consent to such disposal, such lands shall be disburdened of the said heritable securities and charges if the sheriff, upon the application of the heir of entail in possession duly intimated to the said persons who shall be entitled to appear and object, finds that the lands comprised in the heritable securities or charges other than the land being acquired by the local authority afford adequate security.
Any purchase money or compensation payable in pursuance of this Part of this Act by a local authority in respect of land acquired from another local authority which would but for this section be required to be paid into court in manner provided by the Lands Clauses Acts may, if the Minister concerned with the purpose for which the land was held by the last mentioned authority consents, instead of being paid into court, be paid and applied as that Minister may determine, and the decision of that Minister shall be final.
Subject to subsection (2)below and section 94 of this Act, a local authority may, for the purpose of any of their functions or for the benefit or improvement of their area, erect buildings or execute any other works on any land belonging to them or, where they are satisfied that the terms of the lease of land are such as to make it prudent for them to do so, on land leased by them, or convert, alter, enlarge or improve any existing building or other works belonging to them or, where they consider it prudent, any existing building or other works let to them.
Subsection (1)above shall not of itself authorise a local authority to do anything contrary to the conditions contained in the title to or lease of any such land or building or other works or authorise land held for one purpose to be used for another purpose.
A local authority may acquire or provide and furnish and maintain halls, offices and other buildings, whether within or without the area of the authority, to be used for the purpose of transacting the business of the authority or the business of any other body for which the authority are required or authorised by or under any enactment to provide accommodation, or for the purpose of public meetings or assemblies.
For the purposes of the foregoing provisions of this Part of this Act, the functions of a local authority shall be deemed to include the provision of accommodation for any committee, court or other body which the authority are required or authorised to provide, notwithstanding that the committee, court or body may exercise functions not vested in the authority.
A local authority may make standing orders with respect to the making of contracts by them or on their behalf.
A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.
Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.
A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.
In this section the expression “contracts” includes, in relation to the execution of works, arrangements for the execution of those works by persons employed by the local authority.
“private legislation” includes– a provisional order and the confirmation Bill relating thereto under the Act of 1936; any local or personal Bill in Parliament; and any private Bill in the Scottish Parliament.
Subject to the provisions of this Act, where a local authority are satisfied that it is expedient to promote or oppose any private legislation . . ., the local authority may, in accordance with the procedure provided by this section, promote or oppose the same accordingly and may defray the expenses incurred in relation thereto.
A resolution of a local authority to promote or oppose private legislation under subsection (1) above shall be—
passed by a majority of the whole number of the members of the authority at a meeting of the authority held after ten clear days’ notice of the meeting and of its purpose has been given by advertisement in one or more newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and
in the case of the promotion of private legislation, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the same.
the draft of the provisional order has been submitted to the Secretary of State in accordance with the provisions of the Act of 1936 ; or
the Bill has been introduced in the Scottish Parliament
Where under section 2 of the Act of 1936, the Chairman of Committees of the House of Lords and the Chairman of Ways and Means in the House of Commons are of opinion that provisions contained in a draft provisional order ought to be dealt with by private Bill and not by provisional order, the determination of the Chairmen shall forthwith be reported to the local authority concerned, and unless the authority resolve to proceed with the promotion of a private Bill dealing with the matters to which the said provisions relate or any of them, such a private Bill shall not be promoted, but if such a private Bill is to be promoted, the proceedings of the authority with respect to the promotion of a provisional order under this section shall be deemed to apply to the promotion of such a Bill.
In ascertaining for the purpose of this section the whole number of members of a local authority, no account shall be taken of any vacancy which may at the time exist in the membership of the authority.
No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing private legislation under this section.
Nothing in this section shall affect the right of any local authority connected with the locality to which any draft provisional order referred to Commissioners under the Act of 1936 relates to make a report to the Commissioners respecting the provisions of the draft order.
In this section—
The Commission shall have the following functions, that is to say—
" joint board " means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities;
" provisional order " means a provisional order under the Act of 1936;
" year " has the same meaning as in the said Act of 1963.
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A local authority may, . . . incur expenditure on contributions to any of the following funds, that is to say—
the funds of any charitable body in furtherance of its work in the United Kingdom; or
the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or
any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by a convener of a local authority, a convener of a community council, a lord-lieutenant or by a body of which any of these persons is a member or by such a person or body as is referred to in section 137(3)(c) of the Local Government Act 1972.
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Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a local authority are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the authority may—
incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and
make grants or loans to other persons or bodies on conditions determined by the authority in respect of any such action taken by those persons or bodies.
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The power conferred by subsection (1) above shall be in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.
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A local authority may accept, hold and administer— and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.
for the purpose of discharging any of their functions, gifts of property, whether heritable or moveable, made for that purpose; or
for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;
A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.
Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member concerned.
The provisions of the Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of the Financial Services and Markets Act 2000 to be a policy of insurance upon the happening of personal accidents.
In this section, the expression “member of the authority” includes a member of a committee or sub-committee of the authority who is not a member of that authority.
A local authority may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning their area or any part thereof and may make, or assist in the making of arrangements whereby any such information and the results of any such investigation are made available to . . . any government department or the public.
The appropriate Minister with respect to any matter may require a local authority to provide him with any information with respect to that matter which is in the possession of, or available to, that local authority in consequence of the exercise of any power conferred by or under any enactment; . . ..
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A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities mentioned in subsection (1B) below or by government departments, or by charities and other voluntary organisations, and other information relating to the functions of the authority.
A local authority may—
arrange for the publication within their area of information relating to the functions of the authority; and
arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and
arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and
prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.
A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below.
The other authorities referred to above are any other local authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local authorities.
A local authority may assist voluntary organisations to provide for individuals—
information and advice concerning those individuals’ rights and obligations; and
assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations.
A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—
of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or
of any association of officers or members of local authorities which was so formed.
A local authority may—
provide, or encourage any other person to provide, facilities for leisure, conferences, trade fairs and exhibitions or improve, or encourage any other person to improve, any existing facilities for those purposes;
promote, by advertisement or otherwise, facilities provided by that local authority (whether such facilities are owned by the authority or otherwise);
organise, or assist others in the organisation of, and promote, by advertisement or otherwise, conferences, trade fairs and exhibitions;
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Subject to subsection (3) below, a local authority shall not have power to—
encourage persons, by advertisement or otherwise (and whether inside or outside the United Kingdom)—
to visit their area for purposes relating to leisure; or
to hold conferences, trade fairs or exhibitions within their area;
provide information about accommodation and facilities and services relating to leisure in their area or provide a booking service for such accommodation, to persons visiting their area;
carry on such other activities relating to those mentioned in paragraphs (a) and (b) above as the Secretary of State may by regulations specify.
A local authority shall have power to do any of the things mentioned in paragraphs (a) to (c) of subsection (2) above—
in so far as it is necessary to do any of those things for the purposes of carrying on the activities mentioned in paragraphs (a) and (b) of subsection (1) above; or
where the Secretary of State has given his prior consent (subject to such conditions as he considers necessary or expedient) in writing.
A local authority shall not, for the purposes of carrying on activities relating to tourism other than— form, acquire or join with any person or body corporate.
those such as are mentioned in paragraphs (a) to (c) of subsection (1) above; or
by virtue of subsection (3) above, those such as are mentioned in subsection (2) above,
Without prejudice to subsection (1) above, a local authority may contribute towards expenses incurred by any person—
doing anything mentioned in paragraph (a) of that subsection; or
organising and holding a conference, trade fair or exhibition.
A local authority may appoint officers for the purposes of enabling the authority to carry out any of their powers under this section; and section 65 of this Act shall apply in relation to any officers appointed under this subsection subject to the following modification—
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in subsection (2), the words from “but” to the end shall be omitted.
A statutory instrument containing regulations under subsection (2)(c) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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A local authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for the purpose of the provision of adequate facilities for social, cultural and recreative activities, and in particular, but without prejudice to that generality, for any of the following purposes, that is to say—
the provision of an entertainment of any nature or of facilities for dancing;
the development and improvement of the knowledge, understanding and practice of the arts and crafts;
the provision of a theatre, cultural centre, arts centre, concert hall, dance hall, community centre or other premises suitable for social, cultural or recreative activities;
the maintenance of a band, orchestra or theatrical company or any other body for the promotion of all or any of the activities aforesaid ;
any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any such activities.
Without prejudice to the generality of the provisions of subsection (1) above, a local authority—
may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;
may permit any premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid, to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;
may themselves make charges for admission to or participation in any entertainment given or social, cultural or recreative activity promoted by them and for any refreshment or programme supplied at or in connection with any such entertainment or activity.
Regional councils shall have a duty, in consultation with district councils within their region, to ensure that there is an adequate provision of facilities for the inhabitants of their region for social, cultural and recreative activities.
Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.
Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of exciseable liquor.
No certificate shall be granted under the Licensing (Scotland) Acts 1959 to 1969 for the sale of exciseable liquor in any premises provided under this section in Scotland, but nothing in this subsection shall render it unlawful to grant under section 60 of the Licensing (Scotland) Act 1959 a special permission for an entertainment on any such premises.
Where any securities are standing in the books of a company in the name of a local authority the following provisions shall have effect—
if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;
if by virtue of anything done under any provision of this Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of that other authority or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;
if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the Court of Session may on the petition of that other authority make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be.
In this section, the expression—
as those paragraphs apply in relation to a council and that council’s members. Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members recorded under paragraph 6 above as having been present at the meeting shall be deemed to have been duly qualified.
For the purposes of this section, a person is a qualifying Commonwealth citizen if he is a Commonwealth citizen who either—
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
But a person is not a qualifying Commonwealth citizen by virtue of subsection (3)(a) if he does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
For the purposes of this section, a “qualifying foreign national” means a person of any nationality who—
is not a Commonwealth citizen or a citizen of the Republic of Ireland ..., and
meets one of the conditions mentioned in subsection (6).
The conditions are that the person—
is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom (excluding a person who does not require such leave by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases)), or
is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.
functions conferred by sections 97A and 97B of this Act.
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" financial year " has the meaning assigned to it by section 96(5) of this Act;
“Securities” means—
shares;
instruments creating or acknowledging indebtedness;
government and public securities;
instruments giving entitlements to investments;
certificates representing securities;
units in a collective investment scheme;
rights to, or interests in, any security of the kind mentioned in paragraphs (a) to (f);
rights (whether actual or contingent) to money lent to, or deposited with—
a society registered under the Industrial and Provident Societies Act 1965, or
a building society within the meaning of the Building Societies Act 1986.
Subsection (3) must be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
Every local authority shall have a general fund and, subject to subsection (2) below— and all sums payable by the authority shall be paid out of that fund.
all sums received by or on behalf of the authority shall be paid into that fund;
all fees, commissions, discounts allowed on payment of accounts and expenses payable to or recovered by any officer of a local authority in respect of any business relating to the authority whether by reason of his office or otherwise shall be accounted for and paid into that fund;
Subsection (1) above shall not apply to sums received or payable—
which relate to funds or property held by a local authority as trustees for any purpose under any deed of trust or other instrument;
which relate to the common good of the council;
with respect to which it is otherwise provided in any other provision of this Act or in any other enactment.
with respect to which regulations made by the Scottish Ministers provide that they be paid into or out of a fund (other than the general fund) established by the local authority for the purposes of this paragraph.
A statutory instrument containing regulations under subsection (2)(d) above shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
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It shall not be lawful for a local authority to incur any liability to meet capital expenses except with the consent of the Secretary of State, and the Secretary of State may, if he thinks fit, give his consent for the purposes of this section—
subject to such conditions as may be specified in the consent;
in relation to such project, or to such programme of works, or to such class of works, or to such amount, as may be so specified;
in relation to expenses to be met by the authority within such financial year as may be so specified.
In this section " capital expenses " means any expenses which are to be charged to a capital or borrowing account, or which, being of a capital nature, are to be met otherwise than out of current revenue.
Without prejudice to section 69 of this Act, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that the proper officer of the authority has responsibility for the administration of those affairs.
Every local authority shall keep accounts of all transactions relating to all funds of the authority and, subject to any provision contained in regulations made under section 105 of this Act, the accounts of the general fund of a local authority shall comprise such current, capital and borrowing accounts as may be necessary for the purpose of distinguishing transactions for different purposes.
All accounts of a local authority shall be made up in respect of each financial year.
Every local authority shall, in addition to preparing accounts in respect of any financial year, prepare in duplicate an abstract of the accounts for that year.
The accounts of every local authority in respect of any financial year shall be audited by a professional accountant, who is either a member of the staff of Audit Scotland or is an approved auditor appointed by the Commission in accordance with the provisions of this Part of this Act.
The financial year of a local authority shall be the period of twelve months ending with 31st March . . .; and references in this Act and in any other enactment (whether passed or made before or after the passing of this Act) to the financial year of a local authority shall be construed in accordance with the provisions of this subsection.
the Secretary of State may direct, either in relation to local authorities generally or in relation to a particular local authority, that their financial year shall be such period as the Secretary of State may specify; and
for the purposes of subsections (2) to (4) above, the first financial year of any local authority shall be the period beginning with the date on which the authority comes into existence in accordance with the provisions of this Act and ending with 15th May 1976 ;
The Secretary of State may by order make provision amending, repealing or revoking, with or without savings, any enactment which is inconsistent with or superseded by subsection (5) above; but no order under this subsection shall have effect unless it is approved by a resolution of each House of Parliament.
There shall be established a body, to be known as the Accounts Commission for Scotland (hereafter in this Part of this Act referred to as “the Commission”), which shall consist of such number of members, not being more than twelveor less than six, as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities . . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate.
securing the audit of all accounts of
local authorities
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considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;
making recommendations to the Secretary of State and to local authorities . . . in accordance with the said provisions; . . .
advising the Secretary of State on any matter relating to the accounting of local authorities . . . which he may refer to them for advice and
The Secretary of State may, after consultation with the Commission, with such associations of local authorities . . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions and the Commission shall give effect to any direction so given.
Any function of the Commission may be exercised on behalf of the Commission by any person (whether or not a member of the staff of Audit Scotland) authorised by the Commission to do so.
There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State . . ..
Subsection (2AA) above does not apply in relation to the following functions—
considering reports in pursuance of subsection (2)(b) above,
appointing an auditor under subsection (6) below,
deciding who is to audit any account, or class of account, in pursuance of this Part of this Act,
deciding whether to undertake or promote a study under section 97A or 105A of this Act.
The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.
Subsections (2AA) and (2AB) above do not affect the responsibility of the Commission for the exercise of their functions.
In this Part of this Act “auditor” includes (a) the Controller of Audit, (b)members of the staff of Audit Scotland, being professional accountants, and (c) . . . auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, . . . . . .
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A person shall not be appointed as auditor by the Commission under subsection (6) above unless–
he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006 ; or
he is a member of a body of accountants established in the United Kingdom or another EEA State.
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The Controller of Audit shall, by virtue of appointment as such, be a member of the staff of Audit Scotland unless that person is also the Auditor General for Scotland.
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The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any of the functions of the Commission.
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In subsection (7), “EEA State” means a member State, Norway, Iceland or Lichtenstein.
The Commission shall have power to incur such expenses as appear to them to be necessary or expedient for the proper discharge of their functions, and such expenses shall be met by Audit Scotland—
the Secretary of State may, with the consent of the Treasury, pay to the Commission grants of such amounts, at such times and subject to such conditions as he may determine in respect of expenses incurred by the Commission as aforesaid ;
such part of the expenses of the Commission as is not met by grants under paragraph (a) above shall be met by local authorities in accordance with regulations made by the Secretary of State after consultation with such associations of local authorities as appear to him to be concerned.
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The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations for
the securing by local authorities of best value;
improving economy, efficiency and effectiveness in the provision of services by local authorities or by other bodies whose accounts are required to be audited in accordance with this Part of this Act, and
improving the financial or other management of such authorities or other bodies.
In subsection (1)(a) above, the references to best value and the securing of it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the securing of it in accordance with that section.
The Commission shall publish or otherwise make available its recommendations and the results of any studies undertaken or promoted under this section . . .
Before undertaking or promoting any study under this section the Commission shall consult such associations of local authorities or other bodies whose accounts are required to be audited in accordance with this Part of this Act as appear to it to be concerned and such associations of employees as appear to it to be appropriate . . .
the accounts have been prepared in accordance with regulations made under section 105 of this Act and comply with the requirements of all other enactments and instruments applicable to the accounts ;
In auditing the accounts of any local authority . . .under this Part of this Act, an auditor shall, by examination of the accounts and otherwise, satisfy himself that—
the accounts have been prepared in accordance with regulations made under section 105 of this Act . . . and comply with the requirements of all other enactments and instruments applicable to the accounts; and comply with the requirements of all other enactments and instruments applicable to the accounts;
proper accounting practices have been observed in the preparation of the accounts.
that the local authority . . . has made proper arrangements for securing best value and is complying with its duties under Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) .and
in a case where that body are required to publish information in pursuance of a direction under section 1 of the Local Government Act 1992 (publication of performance information), that body have made such arrangements for collecting and recording the information, and for publishing it, as are required for the performance of their duties under that section.
proper accounting practices have been observed in the preparation of the accounts.
In subsection (1) above, the references to best value and arrangements for securing it are references to best value within the meaning of section 1 of the Local Government in Scotland Act 2003 (asp 1) and the arrangements for securing it which are to be made under that section.
Without prejudice to any other provision of this Part of this Act, the Commission may require to furnish the Commission or any person authorised by it with all such information as the Commission or that person may reasonably require for the discharge of the functions under this Part of this Act of the Commission or of that person, including the carrying out of any study under section 97A of this Act.
any body whose accounts are required to be audited in accordance with this Part of this Act, and any officer or member of any such body ;
any person who, by arrangement or agreement with any such body, is discharging any function of the body,
Any person who without reasonable excuse fails to comply with a requirement imposed by subsection (1) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
An auditor shall have a right of access at all reasonable times to all such documents relating to the accounts of a local authority . . . as it appears to him to be necessary to examine for the purpose of auditing those accounts under this Part of this Act and shall be entitled to require from any officer of that authority . . .or any other person holding or accountable for any such document such information and explanation as he thinks necessary for the said purpose and, if he thinks it necessary for providing any such information or explanation, to require any such officer or other person to attend before him in person and produce any such documents.
Without prejudice to subsections (1) and (1B) above, every local authority . . .shall provide an auditor with every facility and all information which he may reasonably require for the purpose of auditing their accounts and every person who, by arrangement or agreement with a local authority, is discharging any function of the authority shall make that provision for the purpose of the auditing of the authority’s accounts.
In the case of a recognised fund-holding practice, the reference in subsection (1) above to documents includes a reference to documents relating to all the accounts and records of the members of the practice, whether or not relating to an allotted sum.
If any person wilfully or negligently fails to comply with any requirement of an auditor under subsection (1) or (1B) above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. . ..
Without prejudice to subsection (1) above, the auditor shall be entitled to require any officer, former officer, member or former member of an authority . . .whose accounts are required to be audited in accordance with this Part of this Act and any person who, by arrangement or agreement with the authority or body, is discharging any function of the authority or body to give him such information or explanation as he thinks necessary for the purposes of the audit and, if he thinks it necessary, to require any of the persons mentioned above to attend before him in person to give the information or explanation or, where that person is a body corporate, to require that person to appoint a representative to attend before the auditor for that purpose.
At each audit under this Part of this Act of a local authority’s accounts, any persons interested may inspect the accounts to be audited and all books, deeds, contracts, bills, vouchers and receipts relating thereto and make copies of all or any part of the accounts and those other documents.
Any person interested may object to the accounts of a local authority or to any part of those accounts by—
sending his objection in writing, together with a statement of the grounds thereof, to the auditor, and
sending a copy of that objection and statement to the authority and to any officer of the authority who may be concerned.
Where any person objects under subsection (2) above to the accounts of a local authority, the auditor shall, if so requested by that person or authority or by any officer of the authority who may be concerned, afford to that person or authority or officer, as the case may be, an opportunity of appearing before and being heard by the auditor with respect to that objection; and any such person or officer may so appear and be heard either personally or by a representative.
Within fourteen days of the completion of the audit of the accounts of a local authority the auditor shall place on each duplicate abstract of those accounts prepared by the authority under section 96(3) of this Act a certificate, in such form as the Commission may direct, to the effect that he has audited the accounts in accordance with the provisions of this Part of this Act; and the auditor shall, on so certifying, forthwith send one duplicate abstract of the accounts to the Commission and the other duplicate abstract to the local authority.
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The Controller of Audit may and, if so required by the Commission, shall make reports to the Commission with respect to—
the accounts of local authorities audited under this Part of this Act;
any matters arising from the accounts of any of those authorities or from the auditing of those accounts being matters that the Controller considers should be considered by the local authority or brought to the attention of the public;
the performance by a local authority of their duties under Part 1 (best value and accountability) ... of the Local Government in Scotland Act 2003 (asp 1) and Part 2 of the Community Empowerment (Scotland) Act 2015 (community planning) .
The Controller of Audit shall send a copy of a report made under subsection (1) above to—
any local authority named in the report; and
any other person the Controller thinks fit.
Without prejudice to subsection (1) above, if the Controller of Audit, having considered any matter arising out of the auditing under this Part of this Act of the accounts of any local authority and having made such further inquiries (if any) as he may think fit— he may make to the Commission a special report with respect to the said accounts, setting forth his opinion as aforesaid and the grounds thereof.
is of the opinion—
that any item of account is contrary to law, or
that there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account, or
that any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the authority to carry out any duty imposed on them by any enactment; or
is of the opinion that any sum which ought to have been credited or debited to one account of the authority has been credited or, as the case may be, debited to another account of the authority; and
is not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter;
A local authority shall, forthwith upon their receiving a copy of a report sent to them under subsection . . . (2) above, supply a copy of that copy report to each member of the authority and make additional copies available for public inspection.
The Controller of Audit shall, on making a special report under subsection (3) above with respect to the accounts of any local authority, forthwith send a copy of that special report—
to that authority;
to any officer of the authority who may be concerned;
if the matter raised by the special report has been made the subject of objection under section 101 of this Act, to the person making that objection;
to any other person who in his opinion may be affected thereby.
No such special report shall, however, be so made unless—
the authority; and
any person named or referred to in the report— has been given a copy of the proposed report and an opportunity to make representations to the Controller on the proposed report and on any of the matters dealt with in it.
as being to blame in connection with an item of account being contrary to law; or
whose failure, negligence or misconduct is a subject of the report,
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shall consider that special report and any observations on it made in writing by the authority or by any person to whom a copy of it was sent under section 102(4) of this Act, being observations made within fourteen days of the date on which such copy was sent as aforesaid to the authority or, as the case may be, that person or such longer period as the Commission may in any particular case allow ;
may if they think fit, and shall if so requested by the authority or by any person to whom a copy of the special report was sent as aforesaid, hold a hearing into any matter raised by the special report; and
may if they think fit, and shall if so directed by the Court of Session, state a case on any question of law arising on the special report for the opinion of the Court of Session.
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requiring any person whom they find responsible for incurring or authorising that expenditure, or for that failure, or for that loss or deficiency, as the case may be, to pay to the local authority concerned an amount not exceeding the amount of the said expenditure, or of the said sum, or of the said loss or deficiency; or, as the case may be,
directing the authority to make such rectification of their accounts as appears to the Commission to be necessary.
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in the case of an officer of the authority, that before signing the cheque or order he advised the authority in writing that in his opinion the payment was contrary to law; or
in the case of a member of the authority, that the payment was made in pursuance of an order of the authority or of an authorised committee thereof and that before he signed the cheque or order the authority had not been advised by any officer of the authority that in the opinion of that officer the payment was contrary to law.
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shall afford an opportunity of appearing before and being heard by the Commission to the representative of any local authority which is likely to be affected by any recommendation of the Commission and to, or to the representative of, any other person who is likely to be so affected;
may require the attendance of members or officers of any local authority to give oral evidence to the Commission.
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Where recommendations are made to the Secretary of State under section 103(3) of this Act the Secretary of State may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.
The Secretary of State shall not make an order under subsection (1) above requiring a person to pay an amount to a local authority if the Secretary of State is satisfied that that person acted reasonably or in the belief that his action was authorised by law, and the Secretary of State shall, in deciding whether or not to make such an order as aforesaid and, if he decides to make it, what amount to specify therein, have regard to all the circumstances of the case, including such information as may be available to him as to the means of any person concerned and his ability to pay any amount to the local authority.
Where by virtue of an order made under subsection (1) above two or more persons are required to pay an amount to a local authority, those persons shall, if the order so specifies, be liable jointly and severally to pay that amount to the authority.
The Secretary of State shall, on making an order under subsection (1) above requiring a person to pay an amount to a local authority, forthwith cause a copy of that order to be sent—
to that person ;
to the Commission ; and
to that authority.
Any amount which, by virtue of an order made under subsection (1) above, is due to be paid by any person to a local authority shall be paid by that person to the authority within fourteen days of the date on which a copy of that order was sent to him under subsection (4) above; and, if that amount is not so paid, it shall be the duty of the Commission to recover the amount on behalf of the authority and if need be to institute proceedings for that purpose; and the authority shall reimburse the Commission for any expenses incurred by the Commission so far as not recovered from the person liable to pay the amount.
A local authority shall give effect to any direction given to them in an order under subsection (1) above.
The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.
The Secretary of State may by regulations under this section make such provision as appears to him to be necessary or expedient for the purpose of rendering sections 96 to 104 of this Act of full effect and, without prejudice to the foregoing generality, such regulations may contain provisions with respect to the following matters, that is to say—
the form, preparation, keeping and authentication of the accounts of local authorities and of any abstract of such accounts;
the date in each year before which such accounts and abstract are to be authenticated on behalf of a local authority;
the deposit by a local authority, within such period as may be specified in the regulations, of copies of such abstract at the offices of the authority or at any other place, and the publication by the authority of information with respect to such accounts;
the exercise, within such period as may be specified in the regulations, of the rights of inspection and objection conferred by section 101 of this Act in relation to any such accounts and other documents, and the steps to be taken by a local authority for informing persons of those rights;
the giving of public notice by a local authority of any order made in relation to them by the Secretary of State under section 104(1) of this Act.
Before making regulations under this section, the Secretary of State shall consult with such associations of local authorities as appear to him to be concerned.
If any person wilfully or negligently contravenes any provision of any regulations made under this section, contravention of which is declared by the regulations to be an offence, he shall be guilty of an offence and shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding level 3 on the standard scale, and, in the case of a second or subsequent offence, to a fine not exceeding level 3 on the standard scale.
A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The foregoing provisions of this Part of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply with respect to the following bodies, that is to say— as they apply with respect to a local authority; and any provision contained in any enactment with respect to such a committee, joint committee or joint board, or in any trust deed or other instrument regulating any such charity, foundation, mortification or other purpose as aforesaid, shall, so far as inconsistent herewith, cease to have effect: . . ..
any committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities;
the trustees for any charity, foundation, mortification, or other purpose, where a local authority, or some members of such an authority as such, are the sole trustees for such charity, foundation, mortification or other purpose;
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a Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12);
an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014 (but subject to subsection (1A)),
Where an officer of a body whose accounts are required to be audited in accordance with this Part of this Act receives any money or other property on behalf of that body, or receives any money or other property for which he ought to account to that body, the accounts of that officer shall be audited by the auditor of the accounts of the body, and sections 96 to 105 of this Act and any regulations made by the Secretary of State under section 105 of this Act shall, subject to any necessary modifications, apply accordingly to those accounts and that audit.
Despite subsection (1), sections 101A and 105A of this Act do not apply with respect to an integration joint board.
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The Commission may publish a special report made to it under section 102(3) of this Act, and may do so in whatever way and send it to whomever it thinks fit.
On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—
direct the Controller to carry out further investigations;
hold a hearing;
state a case on any question of law arising on the special report for the opinion of the Court of Session;
subject to subsections (2) and (3) below, do none of the above.
The Commission shall hold a hearing if requested to so in writing by—
the local authority which was sent a copy of the report under section 102(3A) of this Act;
any person, named or referred to in the report—
as being to blame in connection with an item of account being contrary to law;
whose failure, negligence or misconduct is a subject of the report; or
who was sent a copy of the report under section 102(3A) of this Act.
The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.
Subject to subsections (2) to (12) below, the procedure at a hearing held under section 103B(1)(b) of this Act shall be such as the Commission determines.
The Commission may, at any one hearing, consider— more than one officer or member of a local authority.
allegations of blame, in connection with an item of account being contrary to law, against; and
failures, negligence or misconduct by,
A hearing shall be conducted by not fewer than three members of the Commission selected by the chairman of the Commission.
Notwithstanding paragraph 4(1) of Schedule 8 to this Act, for the purposes of this section, the quorum for a meeting of the Commission shall be three.
The following— entitled to be heard at the hearing.
an officer or member—
as to whom the question of blame in connection with an item of account being contrary to law is; or
whose alleged failure, negligence or misconduct is being considered by a hearing, is; and
the local authority are,
An officer or member entitled to be heard at a hearing shall be entitled to be heard either in person or represented by counsel or a solicitor or any other person.
The members of the Commission conducting a hearing may—
require any person, including officers or members or former officers or members of any local authority, to attend the hearing, give evidence and produce documents;
administer oaths.
A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.
A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (7)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it thinks fit.
A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.
In this section, “documents” includes information held by means of a computer or in any other electronic form.
The members of the Commission conducting a hearing under section 103B(1)(b) of this Act shall state their findings in writing and give a copy to—
any officer or member of the local authority who is or was blamed in connection with an item of account being contrary to law or whose failure, negligence or misconduct, or alleged failure, negligence or misconduct, was a subject of the hearing;
the local authority;
any other person the Commission considers should, under this paragraph, receive such a copy; and
any other person seeking a copy of those findings who has paid the Commission’s reasonable charge for providing such a copy.
A local authority receiving a copy of findings under section 103D of this Act shall consider those findings at a meeting of the authority within three months of receiving them or within such longer period as the Commission may specify in writing.
The duty imposed on a local authority by subsection (1) above shall be discharged only by that authority and not by a committee or sub-committee or an officer.
Where findings received by a local authority contain recommendations under section 103F(3)(b) of this Act, the authority shall decide—
whether to accept any or all of those recommendations;
what, if any, action to take in response to those recommendations.
A meeting under subsection (1) above shall not be held unless, at least seven clear days before the meeting, there has been published, in a newspaper circulating in the area of the local authority concerned, a notice which—
states the time and place of the meeting;
indicates that the meeting is to be held in order to consider the findings of the Commission and any recommendations in those findings; and
describes the nature of those findings and of any such recommendations.
The local authority shall, as soon as practicable after that meeting—
notify the Commission of any decisions made in pursuance of subsection (3) above; and
publish, in a newspaper circulating in the area of the local authority, a notice containing a summary, approved by the Commission, of any such decisions.
A notice under subsection (5)(b) above shall not need to summarise any decision made while the public were excluded from the meeting—
under section 50A(2) of this Act (confidential matters) or in pursuance of a resolution under section 50A(4) of this Act (exempt information); but
in a case where sections 50C and 50D of this Act (availability for inspection after meetings of minutes, background papers and other documents) apply in relation to the meeting, shall indicate the documents which, in relation to that meeting, are open for inspection in accordance with those sections.
This section is without prejudice to any other duties (so far as they relate to the subject-matter of findings or recommendations sent to the authority) which are imposed by or under Part VII of this Act, section 5 of the Local Government and Housing Act 1989 (c.42) (functions of monitoring officers) or any other enactment.
Where the members of the Commission conducting a hearing under section 103B(1)(b) of this Act find that— they may, as appropriate, impose one of the sanctions specified in subsection (2) or make any of the recommendations in subsection (3) below.
any item of account is contrary to law;
there has been a failure on the part of any person to bring into account any sum which ought to have been brought into account;
any loss has been incurred or deficiency caused by the negligence or misconduct of any person or by the failure of the local authority to carry out any duty imposed on them by any enactment;
any sum which ought to have been credited or debited to one account of the local authority has been credited or, as the case may be, debited to another account of the authority and the Commission are not satisfied that the authority has taken or is taking such steps as may be necessary to remedy the matter,
The sanctions which may be imposed under subsection (1) above are—
censuring, but otherwise taking no action against, an officer or member of the authority;
suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend one or more but not all of the following—
all meetings of the local authority;
all meetings of one or more committees or sub-committees of the local authority;
all meetings of any other body on which the member is a representative or nominee of the local authority;
suspending, for a period not exceeding one year, the entitlement of a member of a local authority to attend meetings of the local authority and of any committee or sub-committee thereof and of any other body on which the member is a representative or nominee of the local authority;
disqualifying a member of a local authority for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, such a member.
In the case of a local authority, the Commission may—
make recommendations to the Scottish Ministers that they make an order directing the authority to make such rectification of their accounts as appears to the Commission necessary;
include in its findings any recommendations arising from those findings which the Commission think fit.
A period of suspension imposed under subsection (2)(b) or (c) above which would continue until or after the day of the next following ordinary election of members shall end at the beginning of that day.
Disqualification imposed under subsection (2)(d) above—
has the effect of vacating the member’s office; and
extends to membership of committees and sub-committees of the local authority of which the member was a member and any joint committee, joint board or other body on which the member is a representative or nominee of the local authority.
The Commission shall, on making a recommendation under subsection (3)(a) above, forthwith send a copy of that recommendation to the local authority and to any person whom the Commission thinks fit.
Where the Commission make recommendations to the Scottish Ministers under subsection (3)(a) above, Ministers may make an order giving effect to any recommendation, with or without modifications, or may decline to make such an order.
A local authority shall give effect to any direction to them made in an order under subsection (7) above.
The Controller of Audit may submit an interim report on an investigation being conducted by that Controller under section 102(3) of this Act.
On receiving an interim report, the Commission, if it is satisfied— then it may impose that sanction.
that the further conduct of the investigation is likely to be prejudiced if the sanction mentioned in subsection (3) below is not imposed; or
that otherwise it would be in the public interest to impose that sanction,
That sanction is suspending the member of the local authority whose alleged blame in connection with an item of account being contrary to law or whose alleged failure, negligence or misconduct was the subject of the interim report from the entitlement set out in section 103F(2)(c) of this Act for a period not exceeding three months.
The Commission shall not require to hold a hearing before proceeding to impose that sanction, but shall give the member an opportunity to make representations on the allegations of blame, failure, negligence or misconduct and on the interim report.
The Commission shall put its decision under this section in writing and shall give a copy to—
the member;
the authority; and
any other person seeking a copy of the decision who has paid the Commission’s reasonable charges for providing such a copy.
A period of suspension imposed under this section ends upon—
the issue of findings under section 103D of this Act that the member was not to blame or has not failed, been negligent or been guilty of misconduct;
the imposition of a sanction under section 103F of this Act or a decision not to impose such a sanction; or, as the case may be,
a decision by the Commission under section 103B of this Act not to hold a hearing.
A period of suspension imposed under subsection (2) above which would continue until or after the day of the next following ordinary election of members ends at the beginning of that day.
If, however, the member is re-elected at that election, the Commission may re-impose the suspension.
The period for which suspension may be re-imposed under subsection (8) above is that for which it would have continued to apply but for subsection (7) above.
On the expiry (otherwise than by operation of subsection (6) or (7) above) of a period of suspension, it may be renewed by the Commission for a period not exceeding three months and a renewed period may likewise be further renewed.
Where, but for the suspension under this section, a member would be entitled to receive basic allowance and special responsibility allowance from the authority, the suspension shall not affect that entitlement; but nothing in this subsection authorises the payment or reimbursement of travelling, subsistence or other allowances or expenses.
In subsection (11) above, “basic allowance” and “special responsibility allowance” are the respective allowances referred to in section 18(1)(a) and (c) of the Local Government and Housing Act 1989 (c.42).
For the purposes of the law of defamation, any statement made by the Commission or any of its agents or staff of Audit Scotland provided for the Commission under section 10(3) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) or by the Controller of Audit shall be absolutely privileged.
In subsection (1) above “statement” has the same meaning as in the Defamation Act 1996 (c.31).
An officer or member of a local authority— may appeal to the sheriff principal of the sheriffdom in which the authority has its principal office.
who is the subject of a finding under section 103F(1) of this Act;
on whom a sanction under section 103F(2)(a), (b) or (c) of this Act has been imposed;
who has been suspended under section 103G(2) of this Act,
An appeal—
under subsection (1)(a) above may be made on one or more of the following grounds—
that the Commission’s finding was based on an error of law;
that there has been procedural impropriety in the conduct of any hearing held under section 103B(1)(b) of this Act;
that the Commission has acted unreasonably in the exercise of its discretion;
that the Commission’s finding was not supported by the facts found to be proved by the Commission;
under subsection (1)(b) above may be made on one or more of the following grounds—
that the sanction imposed was excessive;
that the Commission has acted unreasonably in the exercise of its discretion;
under subsection (1)(c) above may be made only on the ground that the Commission has acted unreasonably in the exercise of its discretion.
An appeal under subsection (1) above shall be lodged within 21 days of—
the sending of the finding under section 103F(1) of this Act to the officer or member;
the imposition of the sanction under section 103F(2) of this Act; or, as the case may be,
the imposition of suspension under section 103G(2) of this Act.
A finding made or sanction imposed by the Commission continues to have effect notwithstanding the lodging of an appeal under subsection (1) above.
The sheriff principal may—
in an appeal under subsection (1)(a) above—
confirm the finding under section 103F(1) of this Act;
quash the finding;
quash the finding and remit the matter to the Commission to reconsider its decision;
in an appeal under subsection (1)(b) above—
confirm the sanction;
quash the sanction and either substitute a lesser sanction or remit the matter back to the Commission;
in an appeal under subsection (1)(c) above, quash the suspension;
award expenses.
The decision of the sheriff principal under subsection (1) above is a final judgment for the purposes of section 114(1) (appeal from the sheriff principal to the Court of Session) of the Courts Reform (Scotland) Act 2014 .
In an appeal from the sheriff principal by virtue of subsection (6) above, the Court of Session has the powers specified in subsection (5) above.
The Commission may be a party to an appeal under subsection (1) above and in any appeal from the decision of the sheriff principal.
The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.
In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.
If the Commission require— to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.
any local authority included in a study; or
any officer or member of such an authority,
If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.
Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.
In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.
The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.
Any report of a study may be published by the Secretary of State in conjunction with the Commission.
The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.
Every local authority shall, in respect of the financial year beginning with 16th May 1975 and of each subsequent financial year, determine before such date as may be prescribed a rate to be known— and each such rate shall be levied in respect of that financial year in accordance with the following provisions of this Part of this Act.
in the case of a regional council, as the regional rate;
in the case of an islands council, as the general rate; and
in the case of a district council, as the district rate;
It shall be the duty of every local authority to determine such regional, general or district rate, as the case may be, as will provide sufficient moneys to meet such part of the total estimated expenses to be incurred by the authority during the financial year in respect of which the rate is to be levied (after taking account of any balance or estimated balance at the end of the financial year immediately preceding that year) as falls to be met out of moneys raised by rates, together with such additional amount as is, in the opinion of the authority, required—
to cover expenses previously incurred,
to meet contingencies,
to meet any expenses which may fall to be met before the moneys to be received in respect of the regional, general or district rate, as the case may be, for the financial year next following the first-mentioned year will become available.
The local authority for the purpose of levying such rates as are mentioned in section 108 of this Act shall be— and in this Act, and in any other enactment (whether passed or made before or after the passing of this Act), the expression " rating authority " shall be construed in accordance with the provisions of this subsection.
in the case of the regional rate and the district rate, the regional council; and
in the case of the general rate, the islands council;
In respect of each financial year every district council shall, before such date as may be prescribed, intimate to the regional council within whose region their district falls the district rate determined by them in respect of that year, together with such further information with respect to that rate as may reasonably be required for the preparation of demand notes for the purposes of levying the rate.
Subject to the provisions of this section, a regional council shall be liable to pay to the council of each district which falls within their region, in respect of the district rate for any financial year, the amount produced by the district rate determined by that district council in respect of that year, and the regional council shall make payments, in accordance with regulations made by the Secretary of State under section 111 of this Act, to the district council on account of the district rate.
The amount due by a regional council to a district council in respect of the district rate for any financial year shall be ascertained in the prescribed manner after the end of that year, and—
if that amount exceeds the aggregate amount of the payments made on account of that rate under subsection (1) above, the balance shall be paid by the regional council to the district council;
if that amount is less than the aggregate amount of the said payments, the balance shall be set off against the payments on account of the district rate in respect of the financial year next following the said year.
The cost of, and any losses on, the collection of all rates levied by a regional council, and the cost of any rebates, discounts, reductions or remissions given by that council, shall be treated as deductions in estimating and ascertaining the amounts produced by each of the rates levied by the council in such manner and to such extent as may be prescribed.
The Secretary of State may, after consultation with such associations of local authorities as appear to him to be concerned, make regulations—
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making provision for any matter with respect to which he is empowered or obliged by this Act, or by any other enactment, to make provision in regulations under this section;
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providing for the payment of interest, at such rate as may be prescribed, by a local authority to another local authority, to a committee, joint committee or joint board all the members of which, other than any ex officio members, are appointed by one or more local authorities, . . . in a case where any amount due in respect of a requisition made under any enactment is not paid on or before such date as may be prescribed.
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A statutory instrument containing regulations made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to the provisions of this section, the Secretary of State shall, with the consent of the Treasury, prescribe by regulations a scheme (hereafter in this Part of this Act referred to as " the standard scheme ") for the grant by rating authorities to persons to whom this section applies of rebates from rates calculated in accordance with the provisions of the standard scheme by reference to the needs and the resources of such persons.
Regulations under subsection (1) above shall be so made as to secure that the standard scheme shall have effect in respect of rebate periods beginning on or after 16th May 1974.
In preparing the standard scheme the Secretary of State shall have regard to the provisions of the schemes for the time being in force under sections 15 and 16 of the Housing (Financial Provisions) (Scotland) Act 1972 (rent rebates and rent allowances) and, without prejudice to the generality of the power conferred by subsection (1) above, the standard scheme may contain provisions corresponding, so far as the Secretary of State considers appropriate, to provisions of Part I of Schedule 2, or of Part I of Schedule 3, to the said Act of 1972 (model schemes of rent rebates and rent allowances).
No person shall be entitled in respect of a rebate period beginning on or after 16th May 1974 to a rebate under section 5 of the Rating Act 1966 (rate rebates) but, where any person is entitled to a rebate under that section in respect of any period beginning before that date, then, notwithstanding the repeal of sections 5 to 8 of the said Act of 1966 by this Act, a rating authority may grant that rebate under those sections on or after that date.
A statutory instrument containing regulations under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and in sections 113 to 115 of this Act—
" application " means an application for a rate rebate under the standard scheme or, in the case of a rating authority which has varied the standard scheme under section 114 of this Act, under the standard scheme as so varied;
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
Subject to subsection (2) below and to section 16(2) of the Ministry of Social Security Act 1966 (rate rebate to which persons in receipt of supplementary benefit might otherwise be entitled to be reduced if their requirements were determined without regard to any rate rebate), section 112 of this Act shall apply to any of the following persons who makes an application in such form as the rating authority may require, that is to say— For the purposes of this subsection " relevant date " means the date of the beginning of the rebate period in respect of which an application is made.
a person who is the occupier of, and resides or is usually resident in, lands and heritages which are a dwelling-house and which at the relevant date have a rateable value which does not exceed any limit prescribed;
a person who is the occupier of, and resides or is usually resident in, lands and heritages which at the relevant date have a rateable value which does not exceed any limit prescribed and which, though not a dwelling-house, are used mainly for the purposes of a private dwelling or private dwellings ;
a person who, not being the occupier of such lands and heritages as are mentioned in paragraph (a) or paragraph (b) above, is the tenant of, and resides or is usually resident in, a part of any such lands and heritages, being a part which at the relevant date has a rateable value which does not exceed any limit prescribed, and in respect of which he makes payments to the occupier by way of rent.
Regulations under section 112 above may make provision as respects rate rebates where two or more persons are joint occupiers of such lands and heritages as are mentioned in paragraph (a) or paragraph (b) of subsection (1) above, or joint tenants of such a part thereof as is mentioned in paragraph (c) of that subsection.
For the purposes of paragraph (b) of subsection (1) above lands and heritages which are not a dwelling-house shall be deemed to be used mainly for the purposes of a private dwelling or private dwellings—
if it appears to the rating authority that, having regard to all the circumstances at the date of the making of an application, the proportion of the rateable value of the lands and heritages as shown in the valuation roll in force at that date which is attributable to the part of the lands and heritages used for the purposes of a private dwelling or private dwellings is greater than the proportion thereof which is attributable to the part used for other purposes; or
if at the said date a rate rebate in respect of the rebate period in question has already been granted to some other person in respect of those lands and heritages or any part thereof.
For the purposes of paragraph (c) of subsection (1) above, the rateable value of any part of lands and heritages shall be taken to be such value as is found by proper apportionment of the rateable value shown in the valuation roll in respect of those lands and heritages, and any question arising under this subsection as to the proper apportionment of any rateable value shall be determined by the sheriff and the decision of the sheriff on any such question shall be final.
Where in pursuance of section 244 of the 1947 Act (remission of rates on account of poverty) a rating authority is for the time being giving to any person to whom section 112 of this Act applies any relief from the rates chargeable for any rebate period in respect of the lands and heritages or part of the lands and heritages to which an application relates, that authority shall grant a rebate in respect of those rates only if, and to the extent that, the amount of such rebate exceeds the aggregate amount given to that person by way of such relief in that rebate period.
Subject to the provisions of this section, a rating authority may, in respect of a rebate period beginning on or after 16th May 1975, with the consent of the Secretary of State, vary for their area the provisions of the standard scheme; and, where a rating authority have varied the standard scheme under this section, the standard scheme as so varied shall have effect, subject to subsection (6) below, for the purpose of the grant of rate rebates under this Part of this Act by that authority.
Any variation of the standard scheme by a rating authority under subsection (1) above shall be so made as to secure that, on the best estimate which the rating authority can make—
no person shall be granted less rate rebate in respect of any rebate period than he would have been granted under the standard scheme ; and
the total of the rate rebates which will be granted under the standard scheme as so varied for any financial year will not exceed 110 per cent. of the total of the rate rebates which would have been granted for that year under the standard scheme.
Without prejudice to the generality of the powers conferred by subsection (1) above, a variation under that subsection of the standard scheme may provide that, in ascertaining for the purposes of a rate rebate the income of a person to whom section 112 of this Act applies and his spouse (if any), there is a total disregard of war disablement pension and special widow's pension and of payments accepted by the Secretary of State as being analogous to such pensions.
The Secretary of State may accept a payment as being analogous to such a pension as is mentioned in subsection (3) above—
by directing rating authorities in general to regard payments of that description as analogous for the purposes of that subsection, or
by notifying a rating authority that he accepts such a payment as analogous for those purposes.
The Secretary of State's consent under subsection (1) above may be given generally or in a particular case and shall be subject to such conditions (if any) as may be specified in the consent.
Where a rating authority has varied the provisions of the standard scheme under subsection (1) above and any person shows to the satisfaction of that authority that the standard scheme as so varied does not in his case fulfil the condition mentioned in paragraph (a) of subsection (2) above, that person may apply for a rate rebate under the standard scheme, and in relation to that application the standard scheme shall have effect in place of the standard scheme as so varied, and the authority may grant a rate rebate under the standard scheme to that person.
In this section—
The Secretary of State shall pay to any rating authority granting rate rebates in respect of any rebate period beginning on or after 16th May 1974 under the standard scheme or under the standard scheme as varied under section 114 of this Act a grant equal to nine tenths of the aggregate net standard amount of rate rebates for the financial year in which that rebate period, or part thereof, falls.
In subsection (1) above the reference to the aggregate net standard amount of rate rebates for a financial year shall be construed, in relation to any rating authority— calculated or estimated by following such methods and principles as the Secretary of State may direct, either generally or in any particular case.
except in such a case as is mentioned in paragraph (b) below, as a reference to the aggregate net amount granted by that authority by way of rate rebates for that year;
in a case where that authority have varied the standard scheme under section 114 of this Act, as a reference to the aggregate net amount which would have been granted by that authority by way of rate rebates for that year if they had not so varied the standard scheme ;
Any grant payable under this section to a rating authority shall be paid at such times as the Secretary of State may with the consent of the Treasury determine.
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in paragraph (a) of the said section 9(1), for the words " 1961-62" there shall be substituted the words " 1978-79 ";
in paragraph (a) of the said section 10(1), for the words " 1961-62" there shall be substituted the words " 1978-79 ", and in paragraph (b) of that subsection, for the words " in respect of each of the four years following the year 1961-62 " there shall be substituted the words " in respect of each year after the year 1971-72 and before the year 1978-79, and in respect of each of the four years following the year 1978-79 ".
Subject to subsection (3) below, every authority to which this section applies shall make a return to the Secretary of State in respect of each financial year . . . of their revenue and expenses.
of their revenue and expenses;
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Returns under this section shall be in such form, shall contain such particulars, shall be authenticated in such manner, and shall be submitted to the Secretary of State by such date, as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes.
If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by an authority under any other enactment, he may exempt that authority from all or any of the requirements of this section so far as they relate to that matter.
The Secretary of State shall, in respect of each year, cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under subsection (3) above and shall lay that summary before both Houses of Parliament.
In this section references to an authority to which this section applies are references to a local authority, any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities or any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12). . .or any river purification board within the meaning of section 135 of this Act.
As soon as may be after the first election of councillors for a new local authority, each existing rating authority whose area, or part of whose area, for rating purposes falls within the area of that new local authority shall, in accordance with the provisions of this section, cause the appropriate contribution to be paid into the general fund of the new local authority.
In subsection (1) above " the appropriate contribution " means— of an amount calculated in accordance with subsection (3) below.
in the case of a contribution to a regional council, three quarters,
in the case of a contribution to an islands council, the whole,
in the case of a contribution to a district council, one quarter,
The amount referred to in subsection (2) above shall be—
in a case where the whole of the area for rating purposes of the existing rating authority falls within the area of the new local authority, an amount equal to the product of a rate of 1p in the pound, or the standard penny rate product, whichever is the higher, for the first-mentioned area for the year 1973-74;
in a case where a part only of the area for rating purposes of the existing rating authority falls within the area of the new local authority, an amount which bears the same proportion to the amount calculated in accordance with paragraph (a) above as the rateable valuation of that part of the first-mentioned area for the year 1973-74 bears to the rateable valuation of the whole of that area for that year.
A new local authority may before 16th May 1975 borrow for the purpose of meeting any expenses incurred by them before that date.
With a view to providing sums which may be transferred by an order under section 215 of this Act to one or more new local authorities, any existing rating authority may include in any rate levied by them in respect of the year 1974-75 provision to meet contingencies or to meet any expenses which, if this Act had not been passed, would have fallen to be met by the existing authority on or after 16th May 1975 and before the moneys to be received in respect of the rate for the year 1975-76 would have become available.
In this section—
“the Act of 1972” means the Town and Country Planning (Scotland) Act 1972;
any organisation which is systematically engaged in collecting news— for sound or television broadcasts; or for programmes to be included in a cable programme service which is or does not require to be licensed.
a joint board; or
Rate support grant orders under section 3 of the Local Government (Scotland) Act 1966 shall be made in advance for a period of one year, instead of for successive periods of two years, and accordingly—
in section 3(3) of that Act, for the words from “successive periods” to the end of the subsection there shall be substituted the words “a period of one year”;
a rate support grant order made before the passing of this Act shall, in so far as it was made in respect of the year 1974-75, cease to have effect.
If in the exercise of the power conferred on him by section 4 of the said Act of 1966 the Secretary of State at any time after 15th May 1975 redetermines for the year 1974-75 the amount and portion mentioned in paragraphs (a) and (b) of section 2(2) of the said Act of 1966, he may by an order made under the said section 4, instead of increasing to any extent the amount fixed by the rate support grant order made in respect of that year as the aggregate amount of the rate support grants and any element of those grants for that year, increase to that extent the amount fixed by the rate support grant order made in respect of the year 1975-76 as the aggregate of the rate support grants and any element of those grants for the last-mentioned year.
Expressions used in this section and in sections 2 to 4 of the said Act of 1966 have the same meanings in this section as in those sections.
The rate of interest fixed by subsection (2) below shall be substituted for the rate or, as the case may be, the maximum rate of interest determined by or under the following enactments (which relate among other things to the interest payable to local authorities on certain sums due to them), that is to say— section 56(3) of the Water (Scotland) Act 1946; section 10(2) of the Coast Protection Act 1949 ; sections 29(5) and 31(4) of the Housing (Financial Provisions) (Scotland) Act 1968; section 23(5) of the Mines and Quarries (Tips) Act 1969 ; section 25(3) of the Housing (Scotland) Act 1969.
The said rate shall be one-quarter per cent above the relevant rate determined by the Treasury in relation to loans made for a period of fifteen years under section 3 of the National Loans Act 1968 (local loans by the Loan Commissioners); and in this subsection " the relevant rate " means the rate applying on whichever of the following dates, namely 16th May or 16th November or such other date as may be prescribed by regulations under section 111 of this Act, most closely precedes the date from which interest first becomes payable in relation to the sum in question, or, where more than one rate has been so determined, such one of those rates as the Treasury may from time to time direct either generally or with respect to any particular enactment.
As soon as may be after giving a direction under subsection (2) above the Treasury shall cause it to be published in the Edinburgh Gazette.
Schedule 9 to this Act shall have effect for making amendments and modifications of enactments relating to local government finance which are not replaced by the foregoing provisions of this Part of this Act.
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The education authority for the purposes of the Education (Scotland) Act 1980 and any other enactment conferring functions on the education authority shall be a local authority.
Where an education authority appoint a committee whose purposes include— the members of such committee shall, notwithstanding the provisions of section 57(3) and (4)(a) of this Act, be appointed in accordance with this section.
advising the authority on any matter relating to the discharge of their functions as education authority; or
discharging any of those functions of the authority on their behalf,
Subject to the provisions of section 59 of this Act, an education authority who appoint a committee such as is mentioned in subsection (1) above shall secure that—
at least half of the persons appointed by them to be members of such committee are members of the authority; and
the persons appointed by them to be members of such committee shall include the three persons mentioned in subsection (4) below.
Subject to the provisions of subsection (2) above, an education authority may appoint persons who are not members of the authority to be members of a committee such as is mentioned in subsection (1) above.
at least three persons interested in the promotion of religious education, and the persons appointed in terms of this paragraph shall include—
one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church ; and
in the case of the education authority for the area of a region, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church;
one person, or, in the case of the education authority for an islands area, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under sub-paragraphs (i) and (ii) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there;
at least two teachers employed in educational establishments under the management of the authority, nominated in such manner as may be determined by the authority.
The three persons mentioned in subsection (2)(b) above (who shall not be members of the education authority appointing such committee) are—
one representative of the Church of Scotland, nominated in such manner as may be determined by the General Assembly of the Church;
in the case of the education authority for each area other than Orkney Islands, Shetland Islands and Western Isles, one representative of the Roman Catholic Church, nominated in such manner as may be determined by the Scottish Hierarchy of the Church; and
one person or, in the case of the education authorities for Orkney Islands, Shetland Islands and Western Isles, two persons, in the selection of whom the authority shall have regard (taking account of the representation of churches under paragraphs (a) and (b) above) to the comparative strength within their area of all the churches and denominational bodies having duly constituted charges or other regularly appointed places of worship there.
Where two or more authorities appoint a joint committee whose purposes include discharging any of the functions of those authorities as education authorities on their behalf, section 57(3) of this Act shall apply to such a joint committee as if for the words “two-thirds” there were substituted the words “ one-half ”.
Paragraphs 2, 8, 9 and 10 of Schedule 10 to this Act shall, subject to any necessary modifications, apply in relation to an education committee and to the standing reference of functions to that committee under subsection (1) above as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.
Every education authority shall appoint bodies to discharge, subject to any directions given by the authority, such of the functions of management and supervision of educational establishments or groups of educational establishments under the control of the authority (including functions relating to attendance thereat) as the authority shall determine.
A body appointed under subsection (1) above shall be called—
in the case of such a body having only a school or schools under their management, a school council;
in any other case, a college council.
An education authority, in appointing a school or college council under this section, shall secure that the membership thereof includes—
in the case of any such council having any school under their management,
due representation of the parents of the pupils attending such school or schools;
at least one person interested in the promotion of religious education;
in the case of any such council having under their management any of the educational establishments mentioned in paragraph (a) or (c) of this subsection, on the nomination of the teachers and other educational staff employed in those establishments under the management of the said council, or, failing such nomination, by direct appointment, at least one such teacher or member of such other educational staff;
in the case of any such council having under their management any educational establishment used wholly or partly for any form of further education other than that described in section 4(c) of the Education (Scotland) Act 1962 (social, cultural and recreative activities, etc.), due representation of persons concerned or engaged in crafts, industries, commerce or other employments in the locality;
in the case of any such council having under their management any educational establishment used wholly or partly for any form of further education described in the said section 4(c), due representation of persons resident in the locality and otherwise qualified to represent local interests in the management of such establishment or establishments.
Paragraphs 9 and 12 of Schedule 10 to this Act and section 62 of this Act shall, subject to any necessary modifications, apply in relation to school and college councils and, except where the context otherwise requires, references in sections 59 and 60 of this Act to a sub-committee shall include references to a school or college council.
Any reference in any enactment, scheme or document to a sub-committee appointed under section 109 of the 1947 Act shall be construed as a reference to a council appointed under this section.
Notwithstanding the provisions of section 59 of this Act, a person shall not, by reason of his being a teacher employed in an educational establishment under the management of an education authority, be disqualified for being a member of—
a committee such as is mentioned in subsection (1) of section 124 of this Act;
a joint committee of two or more authorities whose purposes include either of those mentioned in paragraphs (a) and (b) of that subsection; or
any sub-committee of such a committee or joint committee.
In relation to the discharge by a local authority of their functions as an education authority, Schedule 10 to this Act shall have effect in place of subsections (1) to (5) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.
Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under this section as they apply in relation to a joint committee appointed under Part V of this Act.
Where, immediately before 16th May 1975, any educational endowment is to any extent vested in the existing local authority for an area specified in the first column of Table A below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the appropriate new local authority for the area specified in relation thereto in the second column of that Table. Existing area New area County County of a city Region or islands area Large burgh Small burgh District District or islands area
Where, immediately before 16th May 1975, any educational endowment is to any extent to be vested, by virtue of his office, in the holder of any office connected with an existing local authority specified in the first column of Table B below, that endowment shall on that day to that extent be transferred to and vest for the same purposes in the holder of the office, specified in relation thereto in the second column of that Table, of the appropriate new local authority as determined by reference to subsection (1) above. Existing office-holder New office-holder Lord Provost Provost Convener of county Chairman of district council Convener of council MagistrateCouncillorChairman of or member of a committee Councillor, or any other person nominated by the council Any specified officer The corresponding officer or (if there is no such officer) the proper officer
Where, immediately before 16th May 1975, any power with respect to an educational endowment is vested in an existing local authority, or (by virtue of his office) in the holder of an office connected with such an authority, that power shall on that day be transferred to and vest in the appropriate new local authority or (as the case may be) in the new office-holder of that authority, as ascertained by reference to subsections (1) and (2) above.
Subject to the provisions of the governing instrument of an educational endowment, where, as the result of the election of a local authority occurring after 16th May 1975, it is necessary for a person to be nominated by the authority or by a committee thereof to be vested (to any extent) with the endowment, in terms of subsection (2) above, or to be vested with any power, in terms of subsection (3) above, that person shall be so nominated at the first meeting of the authority or committee held after it has been elected or appointed; and in such a case the person who (to the said extent) was last vested with the endowment or, as the case may be, who was last vested with the power, before the meeting shall continue therein until the date of the meeting.
In this section, unless the context otherwise requires, expressions used in Part VI of the Education (Scotland) Act 1962 have the same meaning as in that Part, and “the appropriate new local authority” means, in relation to an existing local authority, the new authority whose area comprises the whole or the greater part of the area of the existing authority: and if, in any case, there is a dispute as to such appropriate authority, or as to the person or persons corresponding to an existing office-holder or office-holders for the purposes of this section, it shall be taken to be such new local authority or, as the case may be, person or persons as the Secretary of State may direct.
Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.
Subject to the provisions of this and the next following section, the local authority for the purposes of the Housing (Scotland) Act 1987 shall be a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Before any local authority exercise outwith their area any power under Part I of the Housing (Scotland) Act 1987 (provision of housing accommodation) the authority shall give notice of their intention to do so to the local authority in whose area they propose to exercise the power, but failure to give any such notice shall not invalidate the exercise of the power.
The enactments relating to housing specified in Schedule 12 to this Act shall be amended in accordance with the provisions of that Schedule.
A regional council may enter into an agreement with a district council whether within or outwith their region whereby, in consideration of the provision of housing accommodation by the district council, the regional council shall make such payment to the district council as shall be specified in the agreement; but any agreement under this subsection shall be subject to the approval of the Secretary of State.
A regional council as well as an islands or district council may, with the consent of the Secretary of State, promote the formation or extension of or assist a housing association whose objects include the erection, improvement or management of housing accommodation.
A regional council as well as an islands or district council may, with the approval of the Secretary of State, make arrangements with a housing association for the purpose of enabling the association to provide any housing accommodation which the islands or district council in whose area the accommodation is to be provided are empowered under Part VII of the Housing (Scotland) Act 1966 to provide.
The local authority for the purposes of the Rent (Scotland) Acts 1971 and 1972 shall be an islands council or district council.
The Rent (Scotland) Act 1971 shall have effect subject to the amendments set out in Schedule 13 to this Act.
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The powers and duties vested in the council of each county in relation to roads by virtue of section 11 of the Local Government (Scotland) Act 1889 shall be transferred to and vested in the local roads authority.
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The Building (Scotland) Act 1959 shall have effect subject to the amendments specified in Part I of Schedule 15 to this Act, and Part II shall have effect for making amendments to other enactments relating to building.
River purification boards established under Part II of the Rivers (Prevention of Pollution) (Scotland) Act 1951 are hereby dissolved and sections 2 to 5 of the said Act shall cease to have effect.
On and after 16th May 1975 the functions of river purification authorities under the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall be exercised by river purification boards established under the following provisions of this section and by islands councils.
The Secretary of State shall, by order, divide Scotland, other than islands areas, into areas (to be known as "river purification board areas") and the said areas shall include such tidal waters, being waters to which the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 apply, as the Secretary of State may determine.
An order made under subsection (3) above shall define each river purification board area either by reference to a map or to the line of any watershed or to the boundary of any local government area existing immediately before the making of the order, or partly by one method and partly by another.
For each river purification board area the Secretary of State shall by order establish the river purification board and the said order shall provide—
that the river purification board shall consist of such number of members as may be specified in the order not being more than three times the number of districts wholly or partly within the river purification board area,
that one third of the members of the river purification board shall be appointed from among their own members by such of the regional councils wholly or partly within the area of the river purification board and in such proportions, as may be so specified; that one third of the members of the river purification board shall be appointed from among their own members by such of the district councils wholly or partly within the area of the river purification board and in such proportions as may be so specified ; and that one third of die members of the river purification board shall be appointed by the Secretary of State, after consultation with such bodies as he thinks fit, to represent the interests of persons concerned with the carrying on of agriculture, fisheries or industry in the river purification board area or any other interests which, in the opinion of the Secretary of State, should be represented on the board,
that the river purification board shall be a body corporate with such name as may be specified in the order, and that the board shall have a common seal and may hold land and may sue and be sued in the name so specified.
An order made under subsection (5) above may make provision with regard to the following matters—
the arrangements for the calling of the first meeting of the river purification board;
the preparation of a scheme with respect to the administrative arrangements for the discharge of the functions of the river purification board;
the tenure of office of members of the river purification board and the filling of casual vacancies among such members;
the mode of defraying the expenses of the board and in particular the proportions of those expenses which are to be borne severally by regional councils and for issue of requisitions to the said councils for the payment of the amounts apportioned to these councils ;
the transfer to the river purification board of rights or liabilities (other than those in or relating to property) or of the services of any officer or servant of any existing river purification authority, the functions of which, on and after 16th May 1975, shall be exercised by the river purification board in terms of subsection (2) of this section;
the application to the board, subject to any necessary modifications, of any of the provisions of this Act;
any other matter incidental to or consequential on the establishment of the river purification board or any provision contained in the order.
Before making an order under subsection (3) or (5) above the Secretary of State shall consult all local authorities (including in the case of an order made before 16th May 1975, councils of counties and large burghs) and river purification boards whose areas are wholly or partly within the area affected by the order, and the provisions of Schedule 3 to the Water (Scotland) Act 1967 shall apply to the making of such an order as they apply to the making of an order under section 5 of that Act with the substitution of a reference to this subsection for the reference to section 33(4) of that Act.
Any reference in the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 to the councils of counties or of large burghs and to their districts shall be read as references to regional, islands or district councils and to their areas.
The provisions of section 216 of the 1947 Act (which relate to the issue of requisitions by joint committees and joint boards) shall, subject to any necessary modifications, apply to a requisition by a river purification board in terms of an order under this section as they apply to requisitions by a joint committee or joint board, and the provisions of section 106 of this Act shall, subject to any necessary modifications, apply with respect to a river purification board as they apply to a water development board within the meaning of the Water (Scotland) Act 1967.
The Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965 shall have effect subject to the amendments specified in Schedule 16 to this Act.
The local authority for the purposes of the Deposit of Poisonous Waste Act 1972 shall be an islands council or a district council; and accordingly in section 5(1)(b) of that Act for the words “county councils and town” there shall be substituted the words “ islands councils and district ”.
In section 3(5), 4(3) and 5(3) of that Act for any reference to a river purification board there shall be substituted a reference to a river purification authority.
In section 7 of that Act after the definition of “refuse tip” there shall be inserted the following definition “ “river purification authority” has the same meaning as in section 17 of the Rivers (Prevention of Pollution) (Scotland) Act 1951, but shall not include an islands council. ”
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In the said Act of 1949 the following amendments shall be made—
for section 1(1) (coast protection authorities), there shall be substituted the following subsection—;
in section 20(5) (contributions towards expenses of coast protection) for the word “burgh” there shall be substituted the word “ district ”;
in section 22 (power to use for incidental purposes land acquired for coast protection)—
in subsection (2), for the words “burgh or county” there shall be substituted the words “ region or islands area ”.
in subsection (3), for the reference to the Local Government (Scotland) Act 1947 there shall be substituted a reference to the Local Government (Scotland) Act 1973;
in section 30 (transfer and compensation of officers, and superannuation rights), at the end there shall be added the following subsection—;
in section 45(1)(b) (service of notices and other documents), for the words “or burgh” there shall be substituted the words “ or in Scotland the council of a region, islands area or district ”;
in section 46(4) (local inquiries), for the words from “subsection (2)” to “1947” there shall be substituted the words “ subsection (2) and subsections (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”;
in Schedule 1 (procedure for making orders), for paragraph 8(b) there shall be substituted the following sub-paragraph—.
The local authority for the purposes of section 5 of the Chronically Sick and Disabled Persons Act 1970 (public conveniences) shall be a local authority within the meaning of this Act, and accordingly in subsection (3) of that section, for the word “1947” there shall be substituted the word “ 1973 ”.
For the purposes of the enactments to which this section applies, the local authority and sanitary authority shall be an islands or district council.
This section applies to the following enactments—
The Public Health (Scotland) Act 1897 ;
The Alkali, Etc., Works Regulation Act 1906 ;
The Public Health (Scotland) Act 1945 ;
Part I of the Prevention of Damage by Pests Act 1949 ;
The Rag, Flock and Other Filling Materials Act 1951;
The Clean Air Acts 1956 and 1968 ;
The Noise Abatement Act 1960 ;
The Health Services and Public Health Act 1968, except section 65 thereof.
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In section 43 of that Act (facilities for sheep dipping), the words " with the sanction of the Minister " shall cease to have effect.
Sections 60, 61(7), 64(2) and 68 of, and Schedule 4 to, that Act (committees and officers of local authorities etc.) shall cease to have effect.
A competent authority under the Plant Health Act 1967 shall no longer have certain powers of direction, and accordingly, in section 5(2) of that Act (records of proceedings), the words from “in such manner” to “direct” shall be omitted, and, in section 6(3) of that Act (publication of orders), the words from “in such”(where first occurring) to “direction” shall cease to have effect.
The Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the modifications set out in this section.
An application under section 1 as read with section 17 of the 1841 Act shall be made to the proper officer of the local authority, and where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the authority to whose proper officer the application was made.
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References, in whatever terms in the 1841 Act, to the sheriff by whom a person is appointed under section 1 as read with section 17 of that Act shall be construed as references to the local authority.
References in the 1841 Act to the sheriff clerk or sheriff clerk depute shall be construed as references to the proper officer of the local authority.
References in the 1841 Act to a county shall be construed as references to the area of a local authority, including the electoral areas thereof and other places therein.
The Police (Scotland) Act 1967 shall be amended in accordance with subsections (2) to (9) below.
For section 1(1) of that Act (police areas) there shall be substituted the following subsection—
In section 2(1) (police authorities), for the words from the beginning to “police authority” there shall be substituted the words “ For every police area which is a region, the regional council, and for every police area which is an islands area the islands council, shall be the police authority ”.
Section 4(3) of that Act (same person may be chief constable of more than one police force) shall cease to have effect on 16th May 1975.
Section 18 of that Act (jurisdiction of constables as respects execution of warrants in border counties of England and Scotland) shall be amended as follows—
in subsection (1) for the words from “Scotland” to “Dumfries” there shall be substituted the words “ any one of the border areas of Scotland, that is to say, the counties of Northumberland or Cumbria, or the areas of the Borders or Dumfries and Galloway ”, and after the word “counties” or “county” wherever it occurs there shall be inserted respectively the words “ or areas ” or “ or area ”;
in subsection (2) for paragraph (b) there shall be substituted the following paragraph—
In sections 20(5) (power of Secretary of State to make amalgamation schemes) and 29(3) (local inquiries) of that Act, for the reference to subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973.
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For section 23 of that Act there shall be substituted the following section—
In section 51 (1) (general interpretation), in the definition of “amalgamation scheme”, for the words “or section 20” there shall be substituted the words “ section 20 or section 21A ”.
Sections 24 and 25 of the said Act of 1967 and Schedule 2 thereto shall, subject to any necessary modifications, apply to an order under section 215 of this Act as they apply to an amalgamation scheme under that Act.
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Subject to the provisions of the Fire Services Act 1947 as amended by this section, the fire authority for the purposes of the Fire Services Acts 1947 to 1959 shall be a regional or islands council.
For section 36(3) (administration scheme) of the said Act of 1947 there shall be substituted the following subsection—
Not later than 1st January 1975 every new fire authority shall prepare and submit to the Secretary of State for his approval an establishment scheme for their area or combined area under section 19 of the said Act of 1947 to come into force on 16th May 1975, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.
Without prejudice to subsection (3) above, every fire authority, in respect of whose area or combined area the Secretary of State has approved or made an administration scheme under section 36 of the said Act of 1947, shall prepare and submit to the Secretary of State for his approval an establishment scheme for the combined area under the said section 19, and the Secretary of State may approve the scheme as submitted to him or subject to such modifications as he may direct.
The following further amendments shall be made to section 36 of the said Act of 1947—
for any reference to counties and burghs or counties or burghs there shall be substituted respectively references to regions and islands areas or regions or islands areas;
in subsection (2), the words between " Secretary of State" and " for any reference to a combination scheme " shall cease to have effect;
in subsection (6), for the words from the beginning to " subsection (3) of this section" there shall be substituted the words " If the councils of the regions and islands areas comprised in one of the combined areas set out in the Table at the end of subsection (3) of this section fail to submit within the time limited by that subsection " ;
in subsection (8) for the words "the areas specified in the Fourth Schedule to this Act" there shall be substituted the words " any area or combined area ";
in subsection (15), in the substituted section 4, for the words from the beginning to " or burgh " there shall be substituted the words " Subject to the provisions of this Act, as from 16th May 1975, the fire authority shall be a regional or islands council ";
in subsection (19), for the words " (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947 " there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".
In section 38(1) of the said Act of 1947 (interpretation), after the definition of " appointed day " there shall be inserted the following definition—.
Schedule 4 to the said Act of 1947 (combined areas in Scotland) shall cease to have effect.
Section 7(2) of the Fire Services Act 1959 (establishment schemes) shall cease to have effect.
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For any area specified in column 1 of the following table the water authority shall be the regional council specified in relation to that area in column 2 of that table. Area Regional council to whose limits of supply the area in column 1 is to be added 1 2 The whole of the former County of Kinross. Fife That part of the former Counties of Stirling and Dunbarton which lies within both the Strathclyde Region and the region of the Mid-Scotland Water Board. Central
The area within which a water authority are to exercise their functions by virtue of this section shall comprise the limits of supply of that authority.
Notwithstanding section 57 of this Act, where— then the members of that committee shall be appointed both by that authority and by the other water authority; and the number of such members to be appointed by each of those authorities shall be such number as may be agreed between them or in default of agreement as the Secretary of State may by order specify.
a water authority have arranged under section 56 of this Act for the discharge of their functions relating to water by a committee, and
the limits of supply of that authority include an added area,
A member of such a committee who represents the other water authority shall not be entitled to exercise a deliberative vote or to submit a motion or, except with the leave of the committee, to take part in a discussion except in respect of a matter relating solely or, in the opinion of the person presiding at the meeting of the committee, mainly to the exercise of any of the functions of the water authority of whose committee he is a member.
Where the limits of supply of a water authority include an added area but the authority propose to make an arrangement for the discharge of their functions relating to water other than such an arrangement as is referred to in subsection (5)(a) above, then the proposed arrangement shall require the consent of the Secretary of State, who shall not give such consent unless he is satisfied that the interests of the other water authority will be adequately safeguarded by the proposed arrangement.
Schedule 17 to this Act shall have effect for making amendments to the enactments relating to water.
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The local weights and measures authority for the purposes of the Weights and Measures Act 1963 shall be a regional or islands council; and accordingly for section 36 of that Act there shall be substituted the following section—
Without prejudice to the powers of local authorities under Parts V and VI of this Act and under the Local Authorities (Goods and Services) Act 1970, section 37 of the Weights and Measures Act 1963 (power for local weights and measures authorities to combine) shall cease to have effect.
In section 39(5) of the said Act of 1963 (inquiries), for the reference to subsections (2) to (9) of section 355 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (2) to (8) of section 210 of this Act.
Sections 40(2) and 47 of the said Act of 1963 (compensation of officers and general administrative regulations) shall cease to have effect.
Paragraph 5(2) of Schedule 6 to the said Act (byelaws relating to sale of solid fuel) shall have effect as if—
for the words from " by the authority " to " measures authority " there were substituted the words " by the local weights and measures authority for the area where they have effect ";
Provided that where the byelaws have effect in the areas of two or more local weights and measures authorities, they may be revoked by any of the authorities to the extent that they have effect in their area, and when so revoked the byelaws shall continue in force in any other area until revoked to the extent that they have effect in that area.
A local weights and measures authority may make, or assist in the making of, arrangements to provide advice to or for the benefit of consumers of goods and services within the area of the authority.
Schedule 18 to this Act (amendment of certain enactments relating to transport) shall continue to have effect.
Subject to the provisions of Schedule 18 to this Act, all functions relating to transport under the enactments specified in that Schedule shall be exercised by regional or islands councils and those enactments shall have effect subject to the amendments specified in that Schedule.
The Strathclyde Regional Council shall be the Passenger Transport Authority for the Greater Glasgow Passenger Transport Area for the purposes of Part II of the Transport Act 1968, and accordingly the Greater Glasgow Passenger Transport Authority established by virtue of the said Part II is hereby dissolved and its property and functions transferred to the Strathclyde Regional Council.
In consequence of subsection (2) above, the Secretary of State may by order amend any local enactment or any order made under Part II of the said Act of 1968 or any provision of the said Part II in its application to the Greater Glasgow Passenger Transport Area, being an area which has been designated for the purposes of that Part by an order under section 9(1) of that Act, and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
References in this section to the Greater Glasgow Passenger Transport Area and the Greater Glasgow Passenger Transport Authority include references to that Area or Authority as varied by an order made under section 9 of the said Act of 1968.
In section 16(1) of the Finance Act 1970 (exclusion of amounts precepted under section 13 of the Transport Act 1968 and certain grants in computing profits chargeable to corporation tax of a Passenger Transport Executive), for paragraph (a) there shall be substituted the following paragraph—.
As respects any area of a local authority, other than an area which has been designated for the purposes of Part II of the Transport Act 1968 by an order under section 9(1) of that Act, it shall be the duty—
of the local authority, acting in consultation with persons providing bus services within their area and, so far as appropriate, with the Railways Board, to develop policies which will promote the provision of a coordinated and efficient system of public passenger transport to meet the needs of their area and, for that purpose, to take such steps to promote the coordination, amalgamation and re-organisation of road passenger transport undertakings in their area as appear to the local authority to be desirable; and
of each of the persons providing bus services within such an area and of the Railways Board to co-operate with one another and the local authority concerned in the exercise of their respective functions for the purpose of co-ordinating the passenger transport services within the area and to afford to one another and to the local authority such information as to proposed changes in their services as may be reasonably required for that purpose.
For the purpose of such co-operation as is referred to in subsection (1)(b) above, the Railways Board and each of the persons providing bus services as aforesaid shall have power to enter into such arrangements with one another with respect to the exercise and performance of their respective functions on such terms as may appear to them to be expedient, including arrangements for the establishment under the Companies Acts of, and the transfer of assets to, one or more companies controlled (severally or jointly) by the parties to the arrangements.
A local authority may make grants towards any costs incurred by persons carrying on public passenger transport services (whether by land, water or air) wholly or partly in the area of the authority.
A local authority may, in respect of any financial year—
make a contribution out of rates towards the expenditure which they estimate they will incur in that year in discharging functions relating to public passenger transport services under any enactment or instrument made thereunder; and
notwithstanding the provisions of any such enactment or instrument, take into account the amount of such contribution in fixing for that year the fares and charges for the public passenger transport services in respect of which the contribution is made.
In this section " local authority" means a regional or islands council and other expressions have the same meaning as in the Transport Act 1968.
All rights which are presently vested in regional or islands councils in relation to ferries, all functions relating thereto, and all liabilities to which those authorities are subject in that connection, are hereby transferred to the . . . council within whose area the ferry is situated.
A . . . council or any two or more . . . councils acting in combination may acquire, provide, maintain, improve and operate any ferry situated wholly or partly within their area or areas, but . . . a council or councils acting in combination may only exercise those powers as respects a ferry situated partly within their area or areas and partly within the area of another such council if the agreement of that other council has first been obtained.
A . . . council or any two or more . . . councils acting in combination may
incur capital expenditure and borrow money for the purposes of exercising their powers under subsection (2) above;
lease or hire a ferry to or from another person on such conditions as they think fit;
enter into arrangements with another person for the operation of a ferry by that person on their behalf; and
from time to time fix fares and charges for the use of any ferry operated by virtue of this section, and adequate publicity as to those fares and charges shall be given by them within their area.
If in any year the revenue received by a council, or by two or more councils acting in combination, in respect of a ferry operated by virtue of this section is insufficient to defray the expenditure incurred in operating and maintaining in an efficient state any such ferry and any sums required to meet interest, sinking fund or other loan charges, the deficiency shall be met out of rates by the council in whom the ferry is vested, or in the case of a ferry vested in two or more councils in combination, by those councils in such proportions as may be fixed by the combination agreement.
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. . ., all rights which are presently vested in regional, islands or district councils in relation to harbours, piers, boatslips and jetties, all functions relating thereto, and all liabilities to which regional, islands or district councils are subject in that connection, are hereby transferred to the . . . council within whose area the harbour, pier, boatslip or jetty is situated, and the enactments specified in Schedule 19 to this Act shall have effect subject to the amendments set out in that Schedule.
Where a harbour is situated partly within the area of one . . . council and partly within the area of another . . . council, all such rights, functions and liabilities as aforesaid shall be transferred to those councils jointly.
A . . .council or any two or more . . . councils acting in combination may acquire by agreement, or, if so authorised by the Secretary of State, may acquire compulsorily— and sections 70(2) to (5) and 71(3) and (4) of this Act shall apply respectively to acquisition by agreement or compulsorily under this subsection as they apply for the purposes of those sections.
land for the purpose of constructing, re-constructing, extending or improving a marine work;
any harbour whose acquisition is considered by the council to be desirable in the interests of their area and
whose maintenance is to be discontinued by its owner, or
which is considered by the council to be in a poor state of repair,
If a local authority so elects and notifies the Secretary of State accordingly, Part III of the Harbours, Piers and Ferries (Scotland) Act 1937 shall apply to any harbour transferred to or acquired by them under this section which is not a marine work as if it were a marine work.
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A local authority may make loans to a harbour authority for a harbour wholly or partly situated within their area, on such terms as may be agreed between the local authority and the harbour authority, for the purpose of enabling the harbour authority to do anything which they have power to do.
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Where provisions of the Harbours, Docks and Piers Clauses Act 1847 have been incorporated with any enactment, the amendments made by this Act in that Act shall be so incorporated.
In this section —
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In section 46(6) (bye-laws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, where it twice occurs, there shall be substituted the word “ 1973 ”.
In section 47(1) (means of escape), the word “either” and the words from “or, where” to the end shall cease to have effect.
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In section 153(3) (provisions as to councils), the words “a county council and” shall cease to have effect.
Section 181(3) (definition of “district council” for certain purposes), shall cease to have effect.
In section 182 (application to Scotland), subsection (2) shall cease to have effect, and in subsection (9) for the words “county and town” there shall be substituted the words “ islands and district ”.
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In section 52(3) of that Act (enforcement authorities), paragraph (a) and in paragraph (c), the words “the council of a county” shall cease to have effect.
In section 62(3) (local inquiries), for,the words from “(3)” to “1947” there shall be substituted the words “ (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
It shall be the duty of the authorities specified in the first column of the Table below to enforce and execute the provisions of the Food and Drugs (Scotland) Act 1956 which are specified in relation to them respectively in the second column of that Table. Authorities Provisions to be enforced and executed Regional and islands councils (a) Sections 1, 2 and 6; (b) Section 18. Islands and district councils (a) Sections 8 to 11; (b) Section 12; (c) Sections 14 and 15; (d) Section 17; (e) Section 19; (f) Section 24; (g) Section 34; (h) Section 38.
Notwithstanding subsection (1) above, a district council may execute and enforce the provisions of section 2 of the said Act of 1956 if the offence alleged relates to food which is alleged to contain some extraneous matter.
For the purposes of the Social Work (Scotland) Acts 1968 and 1972, the local authority shall be a regional or islands council.
In relation to the discharge by a local authority of their social work functions, Schedule 20 to this Act shall have effect in place of subsections (1) to (5) and (10) of section 56 and section 57 of this Act, and references in the remaining provisions of section 56 to that section shall include references to that Schedule.
Where a local authority have made an arrangement under Schedule 20 to this Act for the discharge by their social work committee of any of their social work functions, that function shall not, during the subsistence of such arrangement, stand referred to that committee under section 2 of the Act of 1968, and the committee may themselves discharge the function in accordance with the arrangement.
Paragraphs 2, 7, 8 and 9 of Schedule 20 to this Act shall, subject to any necessary modifications, apply in relation to a social work committee and to the standing reference of functions to that committee under section 2 of the Act of 1968 as they apply in relation to the discharge of functions by arrangements made in accordance with that Schedule.
The number of members of a social work committee and their term of office shall be fixed by the appointing authority.
A social work committee may, subject to section 59 of this Act, include persons who are not members of the appointing authority, but at least two-thirds of the members appointed to the committee shall be members of that authority.
Every member of a social work committee who at the time of his appointment was a member of the appointing authority shall, upon ceasing to be a member of that authority, also cease to be a member of the committee and of any subcommittee thereof; but for the purposes of this subsection a member of a social work committee shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
Sections 58 and 68 of this Act shall apply in relation to a joint committee appointed under Schedule 20 to this Act as they apply in relation to a joint committee appointed under Part V of this Act.
This section shall be without prejudice to the provisions of Schedule 3 to the Act of 1968 relating to Children's Panel Advisory Committees.
In this section—
" social work committee " means a committee appointed under section 2(1) of the Act of 1968 ;
" social work functions " means the functions referred to in section 2(2) of the Act of 1968 ;
" the Act of 1968 " means the Social Work (Scotland) Act 1968.
The functions of local authorities under the Physical Training and Recreation Acts 1937 and 1958 shall be exercisable by local authorities within the meaning of this Act and accordingly in section 10(4) of the Physical Training and Recreation Act 1937 (application to Scotland), for the words " town, county " there shall be substituted the words " regional, islands ".
Regional councils shall have a duty, in consultation with district councils within their region, to ensure that there is an adequate provision of facilities for the inhabitants of their region for the purposes of the said Acts of 1937 and 1958.
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A local authority . . . shall have a duty to secure the provision of adequate library facilities for all persons resident in their area.
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Schedule 21 to this Act shall have effect for making amendments to the enactments relating to public libraries, museums and art galleries.
The functions of river purification boards under the Spray Irrigation (Scotland) Act 1964 shall be exercisable by river purification authorities, and accordingly in that Act, for the words “board” and “boards”, wherever they occur, there shall be substituted respectively the words “ authority ” and “ authorities ”.
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Accordingly the following amendments shall be made in that Act—
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in section 6(4) (local inquiries), for the words from “subsections” to “1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”;
in section 8(5) (custody of keys), the words from “by their” to “town clerk” shall cease to have effect;
in section 9(2) (combination of local authorities), for the words from “section”, where last occurring, to “1947” there shall be substituted the words “ sections 56 to 58 of the Local Government (Scotland) Act 1973 ”;
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The functions of councils under the Church of Scotland (Property and Endowments) Acts 1925 and 1933 shall be transferred to and vest in islands and district councils in accordance with the amendments to those Acts set out in Part II of Schedule 27 to this Act.
The local authority for the purposes of the War Memorials (Local Authorities’ Powers) Act 1923 as extended to Scotland by section 133(3) of the Local Government Act 1948 shall be a local authority within the meaning of this Act; and the powers conferred on a local authority by section 1 of the said Act of 1923 as so extended with regard to war memorials shall apply to any war memorial outside as well as within their area.
In consequence of subsection (1) above the said section 133(3) shall have effect as if—
after the word “modifications” there were inserted the following head—
for head (ii) there were substituted the following head—
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section 10 of the Riotous Assemblies (Scotland) Act 1822 (compensation for damage by riot);
section 10 of the Protection of Birds Act 1967 (publicising of effect of Protection of Birds Acts);
section 67 of the Agriculture Act 1970 (enforcement of standards for fertilisers and feedingstuffs).
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Subject to subsections (2) and (3) of this section, a local authority may—
produce heat or electricity or both;
establish and operate such generating stations and other installations as the authority think fit for the purpose of producing heat or electricity or both;
buy or otherwise acquire heat;
use, sell or otherwise dispose of heat produced or acquired, or electricity produced, by the authority by virtue of this section;
without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraphs and steam produced from and air and water heated by such heat.
Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.
Except in such cases as may be prescribed, or in cases where it is produced from waste, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.
A local authority may—
construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;
contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.
Parts I and II of Schedule 3 to the Water (Scotland) Act 1980 (which relate to the breaking open of roads and the laying of communication and supply pipes etc.) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—
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for the reference to the special Act in paragraph 2(3) of that Schedule there were substituted a reference to this subsection; and
for any reference to Scottish Water there were substituted a reference to the local authority in question, whether acting alone or jointly with some other person.
It shall be the duty of a local authority by whom an installation for producing heat is operated in pursuance of this section in any financial year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at the installation as are prescribed.
In this section “associated works” in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed.
Nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority apart from this section.
Regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A local authority who supply or propose to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—
with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;
for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;
providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding level 3 on the standard scale, as is specified in the byelaws.
Subsections (1) to (7) of section 38 of the Water (Scotland) Act 1980 (which relates to the entry of premises by authorised officers of Scottish Water. . .) shall have effect for the purpose of authorising the entry of premises by authorised officers of a local authority who provide or propose to provide such a supply as is mentioned in the preceding subsection as if for any reference to Scottish Water there were substituted a reference to the local authority and as if in subsection (1) of that section—
for paragraphs (aa) to (ac) there were substituted the following paragraph—;
for the words from “this Act” onwards in paragraph (b) there were substituted the words “ byelaws in force by virtue of section 170B of the Local Government (Scotland) Act 1973 ”; and
for the words “this Act” in paragraphs (c) and (d) there were substituted the words “ section 170A of that Act ”.
Regulations may repeal or alter subsection (1) of this section or any provision of byelaws in force by virtue of that subsection and may make any modification of the preceding subsection which the Secretary of State considers is appropriate in consequence of the repeal or alteration.
An instrument containing regulations under subsection (3) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 80 of the Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.
The accounts of a local authority by whom expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.
The planning authority for the purposes of the Act of 1972 and this Part of this Act shall be— and the district of the planning authority shall be the region, islands area or the district, as the case may be.
in the case of regional planning functions, a general planning authority or a regional planning authority; and
in the case of district planning functions, a general planning authority or a district planning authority,
In the term “local planning authority”, wherever it occurs in any enactment or instrument made under an enactment, the word “local” shall be omitted.
In any enactment or instrument made under an enactment, a reference to a planning authority shall, unless otherwise provided, or unless the context otherwise requires be construed as a reference to a general planning authority and to a district planning authority.
In this Part of this Act—
a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).
“regional planning functions” are those described in Part I of Schedule 22 to this Act together with those conferred on general or regional planning authorities by this Part of this Act;
“substantive change” has the meaning assigned to it by section 13(d) of this Act.
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and
“exempt nformation” has the meaning given by section 50J above;
A general or regional planning authority may, in advance of the submission of a structure plan to the Secretary of State, or at any time thereafter, prepare and submit to the Secretary of State a report on their district in accordance with the provisions of this section.
If so directed by the Secretary of State, a general or regional planning authority shall submit such a report to him within a period specified in the direction.
The report shall be based on the survey mentioned in section 4 of the Act of 1972, or any part of that survey, or on material prepared for that survey or part, and shall consist of planning policy proposals for the district of the authority as a whole or any part of it, as respects the matters mentioned in section 5(3) of that Act, having regard to the requirements of section 5(4) of that Act.
Before submitting the report to the Secretary of State, a regional planning authority shall consult every district planning authority within their region, and every other planning authority who are likely to be affected by the report, and at the same time as the regional planning authority submit the report to the Secretary of State they shall send a copy of the report to every such planning authority.
The Secretary of State shall make observations on each report submitted to him under this section and shall transmit those observations to all planning authorities to whom a copy of the report was sent under subsection (4) above, and the general or regional planning authority concerned shall publish within their district the report together with the observations of the Secretary of State.
In the event of the failure of a general or regional planning authority to submit to him a report under this section, the Secretary of State may himself prepare and publish such a report, and any expenses certified by him as having been incurred in so doing shall on demand be repaid by the authority concerned to the Secretary of State.
All planning authorities shall, in the exercise of their functions as such, have regard to any report and observations made under this section which affect or are likely to affect them.
A structure plan submitted to the Secretary of State under section 5(1) of the Act of 1972 may consist of a series of plans relating to different parts of the district of a planning authority, and may, if the Secretary of State agrees, on application made to him to that effect by a planning authority, relate to part only of the district of the authority, in which case references in Part II of the Act of 1972 and in this Part of this Act to such a district shall, in relation to a structure plan, be construed as including references to part of that district.
Before submitting a structure plan or proposals for alteration thereof to the Secretary of State, a regional planning authority shall consult every planning authority who are likely to be affected by the plan or proposals.
The following provisions shall be substituted for subsections (3) and (4) of section 7 of the Act of 1972 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular require him to consider any objections to the plan and to afford a hearing to the persons making them)—
For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 12 of the Act of 1972 (which, amongst other things, applies section 7 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—.
In consequence of subsection (2) above, in section 13(3) of the Act of 1972 the words from " but as if " to the end are hereby repealed.
Every general and district planning authority shall, as soon as practicable, prepare local plans for all parts of their district and accordingly subsections (1) and (2) of section 9 of the Act of 1972 (preparation of local plans) shall cease to have effect.
A district planning authority shall submit a copy of their proposals for a local plan or for the alteration, repeal or replacement of a local plan to the regional planning authority for their region.
A district planning authority shall not prepare a local plan for a part of their district before a structure plan has been approved in relation to that part unless they have first applied for and obtained the consent of their regional planning authority to that effect, and such consent may be withheld or withdrawn where a structure plan is in course of preparation or any decision is likely to be taken shortly by any authority and that plan or decision is likely to have a substantial effect on the contents of the local plan, but otherwise such consent shall not be unreasonably withheld.
Consent under subsection (3) above shall be deemed to have been given unless that consent has been refused within 3 months of the application for consent.
Any question as to whether consent under subsection (3) above has been unreasonably withheld may be referred by the district planning authority to the Secretary of State, whose decision in the matter shall be final.
Subject to any directions which the Secretary of State may give, a general planning authority may prepare a local plan for a part of their district before a structure plan has taken effect in relation to that part.
A regional planning authority may assume the functions of a district planning authority within their district in relation to the preparation and making of a local plan if in their opinion— This subsection applies to the alteration, repeal or replacement of a local plan as it applies to the preparation and making of a local plan.
a local plan is urgently required to implement the provisions of an approved structure plan and the district planning authority concerned have failed to adopt an appropriate local plan ; or
the district of more than one district planning authority is likely to be affected by the local plan in question ; or
the local plan does not conform to a structure plan approved by the Secretary of State; or
the implementation of the local plan will render unlikely the implementation of any other local plan relating to their district.
Where under subsection (1) above a regional planning authority assume the functions of a district planning authority, the provisions of the Act of 1972 and of any instruments made thereunder in relation to local plans shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.
Where a regional planning authority proposes to assume functions under subsection (1) above, the district planning authority concerned may appeal to the Secretary of State against the proposal and the decision of the Secretary of State in the matter shall be final.
The Secretary of State may determine matters arising under section 176(5) of this Act or under subsection (3) above on the basis of written submissions submitted to him by the authority concerned within such period as he may stipulate, and of such consultations with those authorities, whether together or separately, as he thinks fit, and the Secretary of State shall not be under any obligation to consult any other authority or person, or to afford any opportunity for further objections or representations, or to cause any further local inquiry or other hearing to be held.
The local authority for the purposes of the Countryside (Scotland) Act 1967 shall be a regional, islands or district council, and the planning authority for the purposes of that Act shall be a general, regional or district planning authority.
to ensure that there is an adequate provision of facilities for the inhabitants of their region under the said Act of 1967.
Regional planning authorities shall have a duty, in consultation with district planning authorities within their district, and
regional councils shall have a duty, in consultation with district councils within their region,
A regional planning authority shall, in relation to district planning authorities within their district, have the same powers as are conferred on the Secretary of State by subsections (1) to (5) of section 32 of the Act of 1972 where—
the proposed development does not conform to a structure plan approved by the Secretary of State; or
the proposed development raises a new planning issue of general significance to the district of the regional planning authority; and
the application concerned is not subject to a direction given by the Secretary of State under the said section 32.
A district planning authority may appeal to the Secretary of State against any directions given to them by virtue of this section, and the Secretary of State, whose decision shall be final, may determine the appeal in accordance with section 177(4) of this Act.
Where a district planning authority propose to make an order under section 42 or 49 of the Act of 1972 (revocation etc. of planning permission and discontinuance of use, or alteration or removal of buildings or works), they shall give notice of the proposals to their regional planning authority who may make representations or objections as respects the proposed order to the Secretary of State.
Where, after consultation with the district planning authority concerned, a regional planning authority are of the opinion that a structure plan approved by the Secretary of State would be materially prejudiced if such an order as aforesaid were not made, they may themselves make such an order, and in relation to that order the provisions of the said section 42 or 49 shall, with any necessary modifications, apply to the regional planning authority as they apply to the district planning authority concerned.
The functions of local authorities under the Ancient Monuments Acts 1913 and 1931 shall be district planning functions, and the references in those Acts to a borough or to a district or the council thereof shall be construed accordingly.
The functions of local authorities under Part I (except section 24) of the Caravan Sites and Control of Development Act 1960 (caravan sites) shall be functions of islands and district councils and under the said section 24 shall be functions of regional, islands or district councils and regional or district planning functions.
The functions of planning authorities under section 9 of, and Schedule 3 to, the Town and Country Planning (Amendment) Act 1972 shall be district planning functions.
The Secretary of State may from time to time direct a general or district planning authority to submit to him for his approval within a period specified in the direction the arrangements which the authority propose to make to obtain specialist advice in connection with their functions—
under sections 53, 54, 56, 92 or 95 of, or Schedule 10 to, the Act of 1972 (listed buildings);
under section 262 of that Act (designation of conservation areas); or
under section 9 of the Town and Country Planning (Amendment) Act 1972 (control of demolition in conservation areas).
If the Secretary of State is not satisfied about any arrangements mentioned in subsection (1) above, he may, after consultation with the general or district planning authority and any other authority concerned,—
direct the general or district planning authority and another planning authority specified in the direction to enter into an agreement under section 65 of this Act for the placing at the disposal of the former, for the purpose of giving them any such specialist advice as is mentioned in that subsection, of the services of officers employed by the latter who are qualified to give such advice; or
direct the general or district planning authority and another planning authority so specified to enter into arrangements for the discharge by the latter of any of the functions mentioned in that subsection and also direct that the arrangements shall contain terms so specified or terms on lines laid down by him.
The enactments mentioned in Schedule 23 to this Act being enactments relating to planning, new towns and kindred matters, shall have effect subject to the amendments set out in that Schedule.
The Secretary of State shall not make any order under section 31 of the Licensing (Scotland) Act 1959 (supplementary and local provisions) as that section had effect immediately before the passing of this Act; and no alteration shall be made in any licensing court or court of appeal by reason of any increase or decrease of population until those courts are reconstituted in terms of the said Act of 1959 as amended by subsequent enactments (including this Act).
The Licensing (Scotland) Acts 1959 to 1969 shall have effect subject to the minor and consequential modifications and amendments set out in Part I of Schedule 24 to this Act.
The provisions of the Betting, Gaming and Lotteries Act 1963 and of the Gaming Act 1968 relating to the authorities for the purposes of permits, licences and registration under those Acts shall have effect subject to the modifications and amendments set out in Part II of Schedule 24 to this Act.
Part III of Schedule 24 to this Act (miscellaneous licensing, registration and related matters) shall continue to have effect.
The local authority for the purposes of the War Charities Act 1940 (registration authority for war charities) and the Poisons Act 1972 (local authority's list of persons entitled to sell poisons) shall be a regional or islands council.
The local authority for the purposes of the Vehicle and Driving Licences Act 1969 shall be a regional, islands or district council.
For the purposes of the following enactments the local authority shall be an islands or district council—
The Cinematograph Act 1909 ;
The Performing Animals (Regulation) Act 1925 ;
The Theatrical Employers Registration Act 1925 ;
The Methylated Spirits (Sale by Retail) (Scotland) Act 1937;
The House to House Collections Act 1939 ;
The Pet Animals Act 1951;
The Hypnotism Act 1952;
The Animal Boarding Establishments Act 1963 ;
The Riding Establishments Act 1964 ;
section 44(1) of the Local Government (Scotland) Act 1966 (game licences);
The Sale of Venison (Scotland) Act 1968 ;
The Theatres Act 1968.
In consequence of the foregoing provisions of this section the enactments mentioned therein shall have effect subject to the modifications and amendments set out in Part III of Schedule 24 to this Act.
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Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area or any part thereof, they may institute, defend or appear in any legal proceedings or represent the inhabitants at any local inquiry held by or on behalf of any Minister or public body under any enactment.
Any member or officer of a local authority, who is authorised in that behalf by the authority, shall be entitled to institute, defend or appear in proceedings before a court of summary jurisdiction although he is not a practising solicitor.
Any legal proceedings against a local authority shall be deemed to have been duly served on the authority if served on the proper officer of the authority, and any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be sent, delivered or served to or upon a local authority or to or upon the proper officer or convener of a local authority, shall be addressed to the local authority or to the proper officer or convener as the case may be, and left at, or sent by post in a prepaid letter to, the offices of the local authority.
The proper officer of a local authority or any other officer authorised by the authority for the purpose may sign on behalf of the authority any claim in any sequestration, liquidation or other such proceedings in which the authority are entitled to make a claim, and may act on behalf of the authority in connection with that claim in all respects.
by being sent by post in a prepaid letter or delivered to or at the residence or place of business of the person to whom it is addressed:
in the case of an incorporated company or body by being sent by post in a prepaid letter addressed to the secretary or clerk of the company or body at their registered or principal office or by delivering it to him at that office; or
where the notice or other document relates to premises and the owner thereof resides beyond the area of the local authority, by being sent by post in a prepaid letter or delivered to or at the place of business of his known factor or agent or the person drawing the rents of the premises; or
where the notice or other document relates to premises and the local authority are unable after reasonable inquiry to ascertain the address of the person upon whom it should be served, by addressing it to him— and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy thereof to some conspicuous part of the premises.
by name, if his name is known; or
if his name is not known, by the description of “owner” or “occupier” of the premises (naming them) to which it relates;
Service of a copy of a document to which this section applies shall be deemed to be service of the principal document.
Service of any document to which this section applies may be proved by a certificate under the hand of the person who posted or delivered or affixed the same attested by one witness who was present at such posting, delivery or affixing.
Where any document to which this section applies relates to premises and the local authority are unable after reasonable inquiry to ascertain the name and address of the owner of the premises, then if there is no known factor, agent or person drawing the rents, such document may be addressed to the occupier or any of the occupiers of the premises, and such occupier shall in all respects take burden for the owner, so however that he shall not be liable to make payment under this section of any sum in excess of the sum which he is liable to pay in respect of rent of the premises nor shall he be required to make payment of any sum before the sum in respect of rent is due and payable, and any sum so paid by the occupier shall be deemed to be a payment to account of rent.
For the purpose of enabling any document to be served on the owner of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner thereof, and if the occupier refuses or wilfully neglects to do so, or wilfully mis-states the name and address of the owner, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding level 1 on the standard scale.
This section applies to any notice, order or other document which is required or authorised by an enactment (including any enactment in this Act) or any instrument made under an enactment to be served by or on behalf of a local authority, or by an officer of a local authority, not being a document to the service of which the provisions of some enactment other than this section or some instrument made under an enactment are applicable.
Without prejudice to subsections (1) to (6) above, a rating authority may use the method specified in subsection (8) below or that specified in subsection (9) below in order to—
issue a demand note under section 237 of the 1947 Act ;
supply information which requires to be supplied when such a demand note is issued.
The method specified in this subsection is to send the demand note or information by electronic communication to an address notified to the authority for the purposes of this subsection by the recipient of the demand note or information, and an electronic communication under this subsection must be—
capable of being accessed by the recipient;
legible in all other material respects; and
sufficiently permanent to be used for subsequent reference.
The method specified in this subsection is to publish the demand note or information on a website in a case where—
the rating authority have agreed with a person that demand notes or information will be issued or supplied to that person by this method;
the demand note or information falls within the terms of that agreement; and
the authority notify that person, in a manner agreed between them of—
the address of the website on which the demand note or information has been published; and
the place on the website where the demand note or information may be accessed and how it may be accessed.
In subsection (8)(b) above, “legible in all other material respects” means that the information contained in the electronic communication shall be available to the recipient to no lesser extent than it would be if that information had been contained in a document in printed form.
Unless the contrary is proved—
a demand note issued under subsection (8) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which the electronic communication containing it was sent;
a demand note issued under subsection (9) above shall be regarded for the purposes of any legal proceedings as having been issued on the second working day after the day on which notification was given under paragraph (c) of that subsection.
A person who has notified an address for the purposes of subsection (8) above may subsequently give notice to the rating authority of a different address for those purposes and such a notice shall take effect from the date specified in it, being a date not less than three working days after the date on which the notice is given.
Where a person has agreed to receive demand notes or information by a method specified in subsection (8) or (9) above, that person may at any time withdraw from that agreement by giving notice to the rating authority and such a notice shall take effect from the date specified in it, being a date not less than seven working days after the date on which the notice is given.
In this section—
“working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 , a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.
Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority, and may be withdrawn by a notice similarly authenticated.
Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority. In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.
Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
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The seal of a council may be affixed to a deed or other document if authority to affix the seal to the deed or other document has been given at a meeting of the council, or has been given otherwise in accordance with standing orders of the council: Provided that a person entering into any transaction with any such council shall not be bound to inquire whether authority to affix the seal has been given in accordance with the provisions of this subsection, and all deeds executed by such a council if otherwise valid shall have full force and effect notwithstanding that such authority may not have been given.
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Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—
by displaying the notice conspicuously at or near the principal entrance to the offices of the authority; and
by posting the notice in some conspicuous place or places within the area of the authority or by inserting a copy of the notice in a newspaper circulating in the area of the authority; and
in such other manner, if any, as appears to the authority to be desirable for giving publicity to the notice.
No misnomer or inaccurate description of any person or place, omission, mistake or informality in any notice or other document under or for the purposes of this Act shall affect the full operation of the notice or other document if the person or place mentioned is so designated as to be commonly understood, and such omission, mistake or informality is not such as to defeat the object of the notice or other document or cause substantial injustice to any person affected thereby.
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the proceedings of a local authority,
the proceedings of any committee appointed by a local authority so far as such proceedings relate to any of the authority's functions under the National Assistance Act 1948, the Education (Scotland) Acts 1939 to 1973, the National Health Service (Scotland) Act 1972 or the Town and Country Planning (Scotland) Act 1972, and
the proceedings of any joint committee or joint board established for the purpose of performing all or any of the functions of two or more local authorities under any of the Acts mentioned in paragraph (b) above,
In any case in which a document of any description is deposited with the proper officer of a local authority, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgements and receipts in respect of, the document as may be so directed.
Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any such map, plan or other document as is mentioned in subsection (2) above, may, at all reasonable hours, inspect and make copies thereof or abstracts therefrom on payment to the person having custody thereof of a fee not exceeding 10p for every such inspection, and of a further fee not exceeding 10p for every hour during which such inspection continues after the first hour.
If a person having the custody of any such document— he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,
refuses to give copies or extracts to any person entitled to obtain copies or extracts,
A local authority may remit any fee chargeable under this section.
Subject to subsection (3) below, any requirement imposed by any enactment that a local authority shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.
Subject to subsection (3) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.
A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.
Every local authority and every joint committee or joint board shall, within such period as the appropriate Minister may require, make to that Minister such reports and returns and give him such information with respect to their functions as the Minister may require, or as may be required by either House of Parliament.
Where records of an existing local authority relate exclusively to property vested in or functions transferred to a new local authority the records shall vest in that new local authority.
Records of parochial boards and parish councils held by an existing local authority shall vest in the regional or islands council which succeeds that authority.
All other records held by a county council shall vest in the regional or islands council which succeeds the county council, and all such records held by any other existing local authority shall vest in the islands or district council which succeeds that authority.
Where the area of an existing local authority is divided among two or more new local authorities, the records shall, subject to the foregoing provisions of this section, vest in the new local authority whose area includes, according to the latest census (not being a sample census), the greater part of the population of the existing local authority.
Where records relating to property or functions vested in or transferred to a local authority have vested in another local authority that other local authority shall make the records available for consultation by the former authority.
Any dispute as to the vesting of records shall be referred to and determined by the Secretary of State, whose decision in the matter shall be final.
A local authority shall make proper arrangements with respect to any records which belong to or are in the custody of the authority or any of their officers, and may dispose of records which they do not consider worthy of preservation.
A local authority may transmit any of their records to the Keeper of the Records of Scotland for safe custody, and accordingly in section 5(2) of the Public Records (Scotland) Act 1937 (transfer of records to Keeper), for the words from " the town " to " any other " there shall be substituted the word " any ".
A regional council may deposit any of their records with a district council within their region, and a district council may deposit any of their records with the regional council within whose region their area is situate or with any other district council within the same region.
A local authority may permit persons, with or without charge, and subject to such conditions as the authority may determine, to inspect their records and to make or obtain copies thereof.
In this section—
" records" includes charters, deeds, minutes, accounts and other documents, and any other records of whatever form which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland ; and
"local authority" includes a joint board, joint committee, river purification board and a water board.
A local authority may make byelaws for the good rule and government of the whole or any part of the their area, and for the prevention and suppression of nuisances therein.
The confirming authority in relation to byelaws made under this section shall be the Secretary of State.
Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.
. . . The following provisions of this section shall apply to byelaws to be made by a local authority—
under this Act,
under any other enactment whenever passed, and whether local or otherwise, conferring on a local authority a power to make byelaws, or
under any enactment which incorporates or applies any of the following enactments—
section 57 of the Local Government (Scotland) Act 1889;
the Civic Government (Scotland) Act 1982;
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sections 301 to 303 of the 1947 Act.
Unless the enactment under which the byelaws are made specifically provides otherwise, any such byelaws may apply only to a part of the area of a local authority, and different byelaws may apply to different parts of the area.
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The byelaws shall be authenticated by being sealed with the common seal of the local authority and signed by the proper officer of the authority, and shall not have effect until they are confirmed by the confirming authority.
At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation, of the place where a copy of the byelaws may be inspected and of the authority to whom objections may be notified shall be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.
For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment.
The local authority by whom the byelaws are made shall on application furnish to any person a copy of the byelaws or of any part thereof on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.
Any person aggrieved by any byelaws may, within one month after notice has been published in accordance with the provisions of subsection (4) above, notify in writing his objection and the ground of his objection to the confirming authority.
Before confirming byelaws, the confirming authority shall take into consideration any objections received by them and may, if they consider it necessary or desirable, hold a local inquiry or cause a local inquiry to be held.
Unless the Secretary of State shall otherwise direct, every inquiry with respect to byelaws made under any provision of this Act or of the Civic Government (Scotland) Act 1982 shall be held by the sheriff.
The confirming authority may confirm with or without modification or refuse to confirm any byelaws submitted under this section for confirmation and may fix the date on which the byelaws are to come into operation, and if no date is so fixed the byelaws shall come into operation at the expiration of one month from the date of their confirmation.
The local authority shall, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, cause a notice of such confirmation, of the date on which the byelaws are to come into operation, and of the place where a copy of the byelaws as confirmed may be inspected, to be given in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances.
A copy of the byelaws when confirmed shall be printed and deposited at the offices of the local authority by whom the byelaws are made and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall on application be furnished to any person on payment of such sum not exceeding 20p for every copy as the authority may determine.
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The provisions of this section shall apply, subject to any necessary modifications, in the case of byelaws made by any authority other than a local authority under any enactment passed before the coming into force of this Act and incorporating or applying any of the enactments set out in subsection (1)(c) above.
In this section “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified, means the Secretary of State: Provided that, notwithstanding that a local Act specifies otherwise, the confirming authority in relation to byelaws made under any local Act shall be the Secretary of State.
Byelaws made by a local authority, and for which specific provision is not otherwise made, may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of level 2 on the standard scale, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.
A local authority shall, not later than 10 years from whichever is the later of the following times— review that byelaw and do so thereafter at intervals of not more than 10 years.
the coming into force of a byelaw which they have the power to revoke or amend;
the coming into force of this section;
The production of a copy of a byelaw purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating— shall be sufficient evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.
that the byelaw was made by the authority;
that the copy is a true copy of the byelaw;
that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;
A local authority shall, in accordance with this section, keep a register of all byelaws which they have power to revoke or amend.
The register kept under subsection (1) above shall contain—
a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws;
the date or dates when the byelaws and any amendments to them were confirmed;
the date or dates when the byelaws and any amendments to them came or come into operation; and
the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act.
The register kept under subsection (1) above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it.
No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above.
The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry.
Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them.
At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply.
The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above.
Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them.
It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw.
It shall not be competent under this section to revoke any byelaw or any part of any byelaw if the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.
Her Majesty shall appoint for each region such number of lord-lieutenants as she thinks fit, shall appoint a lord-lieutenant for each islands area and may appoint lieutenants for each region and islands area.
The Lord Provost of the cities of Aberdeen, Dundee, Edinburgh and Glasgow shall by virtue of his office be lord-lieutenant for the district of the city concerned and Her Majesty may appoint lieutenants for each such district.
Lord-lieutenants and lieutenants appointed for a region under subsection (1) above shall discharge their functions in such parts of the region as may be determined by Order in Council made by Her Majesty.
Any reference in any enactment passed before or during the same session as this Act or any instrument made before the passing of this Act to a lieutenant of a county shall be construed as a reference to the lord-lieutenant holding office for an area by virtue of this section.
The persons appointed under section 32 of the Militia Act 1882 to act for the lord-lieutenant as vice-lieutenant shall be known as vice-lord-lieutenants and the references to deputy lieutenants in section 30(4) of that Act (displacement of deputy lieutenants) shall include references to vice-lord-lieutenants.
The persons who may be appointed under section 31 of the said Act of 1882 to act as lord-lieutenant of an area or who may be appointed a vice-lord-lieutenant of an area under section 32 of that Act shall include a lieutenant for the area appointed under this section.
Her Majesty may by Order in Council provide that any lieutenant holding office immediately before 16th May 1975 shall continue to hold office on and after that date as lord-lieutenant for such part of a region as may be specified in the Order or for an islands area.
Any deputy lieutenant holding office immediately before that date shall continue to hold office on and after that date as deputy lieutenant of the part of the region, islands area or district of the city in which he resides or of such other area as may be specified in an order made by the Secretary of State.
Where an Order in Council is made in pursuance of subsection (3) above, any deputy lieutenant holding office immediately before the date on which the Order in Council is made shall continue to hold office on and after that date as deputy lieutenant of the part of the region in which he resides or of such other part as may be specified in the Order in Council.
Subsections (7) to (9) above shall not prejudice any power of removal or of directing removal from any office.
In this section " region " does not include the districts of the cities of Aberdeen, Dundee, Edinburgh and Glasgow.
A local authority may, by resolution passed by not less than two-thirds of the members voting thereon at a meeting of the authority the notice of which specifies the proposed admission as an item of business, admit to be honorary freemen of their area persons of distinction and any persons who have rendered eminent service to their area.
An officer designated for the purpose by local authority shall keep a roll containing the names of persons admitted to be freemen under this section.
Nothing in this Part of this Act shall—
confer any right of membership or any right or interest in the properties, funds, revenues or privileges of any guild or incorporation of crafts; or
confer any right or interest in any burgess acres or any grazing rights connected therewith, or affect the law or practice existing at the commencement of this Act with reference to the use, enjoyment and administration of any such burgess acres or grazing rights.
Where the day or the last day on which anything is required or permitted by or in pursuance of this Act to be done is a Sunday, Christmas Day, New Year’s Day, Good Friday, bank holiday, or a public holiday, or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days before mentioned, but, save as aforesaid or as otherwise expressly provided in this Act, in reckoning a number of days for the purposes of this Act, the days before specified shall not be excluded.
Where under the foregoing provisions of this section an election is postponed, the day on which the election is held shall be treated as the day of election for all purposes of this Act relating to that election: Provided that where a day is declared to be a bank holiday or day of public thanksgiving or mourning, nothing in this subsection shall affect the validity of any act done in relation to an election before or on the date of the declaration.
For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in Schedule 25 to this Act shall have effect subject to the amendments set out in that Schedule.
Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.
An order made under this section may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.
A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.
In this section “local authority” includes a Passenger Transport Executive.
Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act . . ., or where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.
Except as otherwise provided in any enactment, the Minister may appoint an officer of his Department or any other person to conduct the inquiry and to report thereon to him.
The person appointed to hold the inquiry shall cause notice of the time and place of the inquiry to be given to the bodies and persons appearing to him to be interested.
For the purpose of any such local inquiry, the person appointed to hold the inquiry may by notice in writing require any person to attend, at a time and place stated in the notice, to give evidence or to produce any books or other documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths: Provided that—
no person shall be required, in obedience to such a notice, to attend to give evidence or to produce any such books or other documents, unless the necessary expenses of his attendance are paid or tendered to him; and
nothing in this subsection shall empower the person holding the inquiry to require any person to produce any book or document or to answer any question which he would be entitled on the ground of privilege or confidentiality, to refuse to produce or to answer if the inquiry were a proceeding in a court of law.
Any person who refuses or wilfully neglects to attend in obedience to a notice under this section to give evidence or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
The Minister causing the inquiry to be held may, if he thinks fit, pay such expenses of witnesses and such expenses of or concerning the production of any books or other documents as to him seems reasonable, and such expenses shall be deemed to be part of the expenses of the inquiry.
The Minister may make orders as to the expenses incurred— and as to the parties by whom any of the expenses mentioned in paragraphs (a) and (b) above shall be paid.
by the Minister in relation to—
the inquiry;
arrangements made for an inquiry which does not take place; and
by the parties to the inquiry,
Where the Minister has made an order under subsection (7) of this section requiring any party to pay expenses to him he shall certify the amount of the expenses, and any amount so certified shall be a debt due by that party to the Crown and shall be recoverable accordingly.
What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—
there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and
there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.
This section shall not apply in the case of a local inquiry held under any enactment where the enactment contains provisions with regard to such inquiries.
The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—
the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,
expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry, and
any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and
any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.
If a complaint is made to the Secretary of State or any appropriate Minister that a local authority have failed to do what is required of them by or under this Act or any other enactment or the Secretary of State or that Minister is of opinion that an investigation should be made as to whether a local authority have so failed, he may cause a local inquiry to be held into the matter.
If after such a local inquiry the Secretary of State or appropriate Minister is satisfied that there has been such a failure on the part of the authority in question, he may make an order declaring the authority to be in default and directing them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.
If the authority declared to be in default by such an order fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been default, and do otherwise as to the court appears to be just.
If the Secretary of State or appropriate Minister— he may, in that order and without any local inquiry, declare the authority to be in default in respect of the continuance or recurrence of the failure and direct them for the purpose of remedying the default to take such steps and within such time or times as may be specified in the order.
is about to make an order under subsection (2) above; and
is satisfied that the failure to which the order relates has continued or recurred,
Nothing in this section shall affect the provisions of any other enactment relating to the enforcement of a statutory duty whether under that enactment or otherwise.
The Secretary of State or appropriate Minister may, in an order under subsection (2) above, notify the local authority that any continuance or recurrence of the failure in respect of which the authority have been declared to be in default happening after the date of the order may be made the subject of an application to the Court of Session under subsection (3A) below.
If— the Court of Session may, on the application of the Lord Advocate on behalf of the Secretary of State or appropriate Minister, order specific performance of the functions in respect of which there has been such continuance or recurrence of the failure and do otherwise as to the court appears to be just.
a local authority have been notified under subsection (2B) above; and
there has been any such continuance or recurrence as is mentioned in that subsection of the failure to which the notification relates,
The provisions of this section shall apply to a joint board as they apply to a local authority.
In this section any reference to an enactment includes a reference to the Transport (Scotland) Act 2001 (asp 2).
The following provisions of this section apply where a Minister is authorised under or by virtue of any of the following statutory provisions to recover expenses incurred by him in relation to an inquiry— section 129(1)(d) of the Road Traffic Regulation Act 1984 (expenses of inquiry under that Act), any other statutory provision to which this section is applied by order of the Minister.
What may be recovered by the Minister is the entire administrative expense of the inquiry, so that, in particular—
there shall be treated as expenses incurred in relation to the inquiry such reasonable sum as the Minister may determine in respect of the general staff expenses and overheads of his department, and
there shall be treated as expenses incurred by the Minister holding the inquiry any expenses incurred in relation to the inquiry by any other Minister or Government department and, where appropriate, such reasonable sum as that Minister or department may determine in respect of general staff expenses and overheads.
The expense of an inquiry which does not take place may be recovered by the Minister from any person who would have been a party to the inquiry to the same extent, and in the same way, as the expense of an inquiry which does take place.
The Minister may by regulations prescribe for any description of inquiry a standard daily amount and where an inquiry of that description does take place what may be recovered is—
the prescribed standard amount in respect of each day (or an appropriate proportion of that amount in respect of a part of a day) on which the inquiry sits or the person appointed to hold the inquiry is otherwise engaged on work connected with the inquiry,
expenses actually incurred in connection with the inquiry on travelling or subsistence allowances or the provision of accommodation or other facilities for the inquiry,
any expenses attributable to the appointment of an assessor to assist the person appointed to hold the inquiry, and
any legal expenses or disbursements incurred or made by or on behalf of the Minister in connection with the inquiry.
An order or regulation under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order applying this section to a statutory provision may provide for the consequential repeal of so much of that provision, or any other provision, as restricts the sum recoverable by the Minister in respect of the services of any officer engaged in the inquiry or is otherwise inconsistent with the application of the provisions of this section.
Where a local authority claim to recover any sum in respect of rates or otherwise under or in pursuance of any provision of this Act from a person as being the owner of premises and that person proves that he— his liability should be limited to the total amount of the money which he has or has had in his hands as aforesaid.
is receiving the rent merely as trustee, tutor, curator, factor or agent for some other person; and
has not, and since the date of the service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,
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The function of appointing representative commissioners under the said Act of 1969 shall be transferred to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale and the Berwick on Tweed District Council.
The said Act of 1969 shall have effect subject to the amendments set out in Schedule 26 to this Act.
As from 16th May 1975 Part I of Schedule 27 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.
As from that date the enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in the said Part II, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.
The Secretary of State or any appropriate Minister may at any time, whether before or after 16th May 1975, by order make such incidental, consequential, transitional or supplementary provisions as may appear to him— and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or
to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;
An order under this section may in particular make provision, in the case of any body, person, funds or matter affected by this Act, for the transition from the provisions of any enactment to the provisions of this Act, but nothing in that order shall be inconsistent with any provision of this Act.
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Any statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order or regulations under section 24, or an order under section 215, of this Act may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any such order or regulations as is or are referred to in subsection (1) . . . above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that— are not less favourable than those which he enjoyed immediately before the date of transfer.
so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and
the said new terms and conditions are such that—
so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and
the other terms and conditions of his employment,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to a person if—
at some time before 16th May 1975, or on that date but otherwise than by virtue of provision made by an order under section 216 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and
had he continued until 16th May 1975 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of Part I of this Act, provision would have been made by an order under section 216(2) of this Act for his transfer on that date to the employment of a specified local authority.
Where this section applies to a person, then for the purposes of paragraph 10 of Part II of Schedule 1 to the Trade Union and Labour Relations Act 1974 (qualifying period for protection from unfair dismissal) and section 49 of the Employment Protection (Consolidation) Act 1978 (minimum periods of notice)—
the period of employment in his previous employment shall count as a period of employment in his new employment, and
the change of employment shall not break the continuity of the period of employment.
The Secretary of State, after consulting with such bodies representative of existing local authorities or of staff employed by such local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a staff commission for Scotland for the purpose of—
considering and keeping under review the arrangements for the recruitment of staff by relevant authorities and for the transfer in consequence of the provisions of this Act or any instrument made under it of staff employed by relevant authorities which cease to exist by virtue of Part I of this Act;
considering such staffing problems arising in consequence of, and such other matters relating to staff employed by any body affected by, any provision of, or of any instrument made under, this Act as may be referred to the commission by the Secretary of State ; and
advising the Secretary of State on the steps necessary to safeguard the interests of such staff.
The Secretary of State shall be deemed to have consulted the bodies mentioned in subsection (1) above for the purposes of that subsection if he has consulted before the passing of this Act bodies representative of existing local authorities or of staff employed by them.
The Secretary of State may give directions to the staff commission as to their procedure and to any relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission and with respect to the payment by a new local authority of any expenses incurred by the commission in doing anything requested by the authority.
Any expenses incurred by the staff commission under this section and not recovered from a local authority shall be paid by the Secretary of State.
The staff commission for Scotland established under section 218 of the Local Government (Scotland) Act 1973.
In this section " relevant authority " means a local authority within the meaning of the 1947 Act or this Act, a joint committee, joint board, river purification board, water board or a Passenger Transport Executive established under section 9(1) of the Transport Act 1968 or an association of local authorities the constituent members of which include any such local authority as aforesaid.
The Secretary of State shall by regulations provide for the payment by such person as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.
Regulations under this section may— but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.
include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,
make different provision for different classes of persons and for other different circumstances and make or authorise the Secretary of State to make exceptions and conditions,
be framed so as to have effect from a date earlier than the making of the regulations,
Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the Secretary of State shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.
Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 220 of this Act, any person who— may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 219 of this Act shall not, apply to him.
is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and
attains or has attained the age of fifty on or before 15 May 1975, and
fulfils such other conditions as may be prescribed,
Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 219 of this Act shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.
Subject to subsection (4) below, the Secretary of State shall, by regulations, provide for the payment by such person as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—
at the date of his retirement he had attained the normal retiring age; and
the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.
Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.
Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 219 of this Act.
In this section—
A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section the Secretary of State may designate such body appearing to him to be representative of local authorities as he considers appropriate (in this section referred to as " the advisory body ") to consider any increase made or proposed to be made by an existing local authority in the remuneration of any of their employees.
For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from new and existing local authorities and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such local authority requiring them to furnish to the advisory body such information as may be specified in the direction relating to the remuneration and other terms and conditions of employment of such employees of the local authority as may be so specified.
If it appears to the advisory body that an existing local authority have fixed or propose to fix for any employee or class of employee of theirs a rate of remuneration which, having regard to any recommended levels of remuneration formulated on a national basis by representatives of local authorities and employees of local authorities, is greater than that which the advisory body considers appropriate for that employee or class of employees, they shall notify the local authority concerned and recommend to them the rate of remuneration which should be paid to the employee or class of employees concerned.
If it appears to the advisory body that an existing local authority to whom they have made a recommendation under subsection (3) above are not complying with that recommendation, then, after giving notice in writing to the local authority concerned of their intention to do so, they may refer the matter to the Secretary of State, and on such a reference the Secretary of State, after consultation with such persons appearing to him to be representative of local authorities and of employees of local authorities as he considers appropriate in relation to the employee or class of employees concerned, may give a direction to that local authority requiring them, with effect from such date as may be specified in the direction (not being earlier than the date on which notice was given to them by the advisory body), to pay such employee or class of employees of theirs as was the subject of the recommendation and as may be so specified remuneration at the rate recommended by the advisory body under subsection (3) above and specified in the direction.
It shall be the duty of any local authority to whom a direction is given under subsection (2) or subsection (4) above to comply with the direction.
If at any time in the period of three months beginning on 16th May 1975 it appears to the advisory body that the remuneration paid at any time before that date to any employee or class of employees of an existing local authority was such that, if that authority had not ceased to exist, the advisory body would have made a recommendation to the authority under subsection (3) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (4) above, they shall notify the Secretary of State and report to him the rate of remuneration which in their opinion should have been paid to the employee or class of employees concerned immediately before 16th May 1975 or such earlier date as may be specified in the report, being the date on which the employee or employees ceased to be employed by the local authority concerned.
On receiving a report under subsection (6) above the Secretary of State may, after such consultation as is specified in subsection (4) above, by order provide that, for the purposes of the provisions of this Act relating to transfer of officers and compensation for loss of office, the employee or class of employees to whom the report relates and who are specified in the order shall be deemed to have been receiving, immediately before 16th May 1975 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order, but no order shall be made under this subsection after the end of October 1975.
Nothing in this section—
shall apply to the remuneration payable to teachers by education authorities, or
shall empower the Secretary of State to give a direction requiring a local authority to pay any employee, or to make an order deeming any employee to have been receiving remuneration at a rate below that to which he was entitled on 1st April 1973.
In this section, " existing local authority" includes a joint committee, joint board, river purification board and a water board.
The Secretary of State shall by order provide that all property vested on 15th May 1975 in one or more existing relevant authorities, other than property which is subject to the provisions of section 128 or 223 of this Act or property mentioned in subsection (2) below, shall on 16th May 1975 be transferred to and vest in such new relevant authority as may be specified in or determined under the order.
The Secretary of State shall by order provide that all property held as part of the common good by an existing local authority on 15th May 1975 shall on 16th May 1975 be transferred to and vest in such islands or district council as may be specified in or determined under the order, and those councils, other than the district councils of Aberdeen, Dundee, Edinburgh and Glasgow, shall, in administering that property, have regard to the interests of the inhabitants of the area to which the common good formerly related.
The district councils of Aberdeen, Dundee, Edinburgh and Glasgow shall, in administering the property transferred to them by virtue of subsection (2) above, have regard to the interests of all the inhabitants of their districts.
An order under this section may contain such incidental, consequential, transitional or supplementary provisions as appear to the Secretary of State to be necessary or expedient for the purposes of the order.
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
All property held on trust immediately before 16th May 1975 by shall on that day be transferred to and vest (subject to the same trust) in the appropriate islands or district council.
an existing local authority, or
a councillor and a specified officer of an existing local authority,
The council in whom property is vested by virtue of subsection (1) above shall nominate a sufficient number of their councillors to act as trustees of that property and in so doing shall have regard to the terms of the trust deed ; and where the property is held immediately before 16th May 1975 by the persons mentioned in subsection (1)(b) above, the council shall nominate the proper officer as one of the trustees.
All property held on trust immediately before 16th May 1975 by a specified officer of an existing local authority shall on that day be transferred to and vest (subject to the same trust) in the proper officer of the appropriate islands or district council.
Where, immediately before 16th May 1975, property is held on trust by the holder of an office, whether as a councillor or a specified officer, connected with an existing local authority or existing local authorities and any other person, the appropriate islands or district council or (where the area to which the trust relates comprises the areas of more than one existing local authority) the appropriate islands or district councils shall, on the application of the trustees, nominate a sufficient number of their councillors to act in place of such holder and in so doing shall have regard to the terms of the trust deed, and, where the terms of the trust deed so require, the said council or councils shall nominate the proper officer as one of the trustees.
In this section " appropriate islands or district council" means, in relation to an existing local authority, the islands or district council whose area comprises the whole or the greater part of the area of the existing local authority, and " appropriate islands or district councils " shall be construed accordingly.
This section shall not apply to property which is subject to section 128 of this Act.
The Secretary of State, after consulting with such bodies representative of existing local authorities as appear to him to be concerned, shall, not later than one month after the passing of this Act, establish a property commission for Scotland for the purpose of—
assisting existing relevant authorities to identify property to be transferred to new relevant authorities ;
advising the Secretary of State on the general principles on which such property should be transferred;
playing such further part in the process of transfer of such property as may be specified in an order made under section 222 of this Act.
The Secretary of State shall be deemed to have consulted the bodies mentioned in subsection (1) above for the purposes of that subsection if he has consulted those bodies before the passing of this Act.
The Secretary of State may give directions to the property commission as to their procedure and to any existing or new relevant authority with respect to the furnishing of any information requested and the implementation of any advice given by the commission.
Any expenses incurred by the property commission under this section shall be paid by the Secretary of State.
The property commission for Scotland established under section 224 of the Local Government (Scotland) Act 1973.
In this section and in section 222 of this Act—
" property " means any property, heritable or moveable, other than a security or balance in a fund, and all interests, rights and liabilities in or relating to property ;
" relevant authority " means a local authority within the meaning of the 1947 Act or this Act, as the context may require, a joint committee, river purification board or water board or an association of local authorities the constituent members of which include any such local authority as aforesaid.
In the foregoing provisions of this Part of this Act " water board " means a regional water board or a water development board, or both, as the context may require.
Subject to subsections (2) and (8) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Act shall— but the continuation by this subsection of an instrument made under any enactment shall not be construed as prejudicing any power to vary or revoke the instrument which is exercisable apart from this subsection.
notwithstanding the changes of administrative areas and local authorities effected by or under this Act and, in the case of an instrument made under any enactment, notwithstanding the repeal of that enactment, continue to apply on and after 16th May 1975 to, but only to, the area, things or persons to which or to whom it applies before that date;
have effect subject to any necessary modifications and to the modifications made by subsection (3) below;
Subsection (1) above shall have effect subject to the provisions of—
this Act, other than Part I of Schedule 27;
any Act passed after this Act and before 16th May 1975; and
any order made under section 215 of this Act or the following provisions of this section.
Any local statutory provision to which this section applies and which relates to functions exercisable by a local authority of any description by virtue of any public general enactment shall have effect as if for any reference to the authority by whom the functions are exercised immediately before 16th May 1975 there were substituted a reference to the authority by whom those functions are exercisable on and after that date.
Subsection (3) above shall not come into force until 16th May 1975 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and, without prejudice to the foregoing, the Secretary of State may by order provide for the exercise of functions conferred by any local statutory provision to which this section applies and exclude the operation of that subsection where it would otherwise conflict with any provision of the order.
Where any local statutory provision is continued in force in any area by subsection (1) above or is amended or modified in its application to any area by an order under section 215 of this Act, the Secretary of State or any appropriate Minister may by that order, or in the case of a provision continued as aforesaid, by an order under this subsection—
extend the provision throughout the new local government area in which it is continued in force;
provide that that provision as so continued, amended, modified or extended shall have effect in that area to the exclusion of any enactment for corresponding purposes, including any enactment contained in or applied by this Act;
make such modifications of any such enactment in its application to that area as will secure that the enactment will operate harmoniously with the said provision in that area;
repeal or revoke any local statutory provision to which this section applies and which appears to the Secretary of State or that Minister to have become spent, obsolete or unnecessary or to have been substantially superseded by any enactment or instrument which applies or may be applied to the area, persons or things to which or to whom that provision applies;
transfer to any authority appearing to the Secretary of State or that Minister to be appropriate any functions of an existing local authority under a local statutory provision to which this section applies which are not to become functions of some other authority under any provisions of this Act except section 215 of this Act and this section, or under any other instrument made under this Act, being functions exercisable by any existing local authority abolished by this Act;
with prejudice to paragraph (e) above, make such modifications of any local statutory provision to which this section applies in its application to any new local government area as appear to the Secretary of State or that Minister to be expedient.
Subject to sections 134(2), 135 and 137 of the Civic Government (Scotland) Act 1982 and any order under these sections, All local statutory provisions to which this subsection applies shall cease to have effect at the end of 1984, but—
the Secretary of State or any appropriate Minister may by order exempt any such provision from the foregoing provision of this subsection;
the Secretary of State may from time to time by order postpone the date on which all local statutory provisions applying to the whole or part of any local government area, so far as they so apply, are to cease to have effect under this subsection.
An instrument containing an order under subsection (5) or (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any local statutory provision relating to valuation or the determination, levying, collection or recovery of rates shall cease to have effect: Provided that this subsection shall not affect the operation of section 19(2) of the Water (Scotland) Act 1949 (domestic water rate payable at reduced rate in certain cases).
This section applies to any local statutory provision in force immediately before 16th May 1975 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following statutory provisions— not being a provision relating to a statutory undertaking or a protective provision for the benefit of any person.
a provision of a local Act, the Bill for which was promoted by a local authority;
a provision of an Act confirming a provisional order made on the application of a local authority;
a provision of an order made on such an application which was subject to special parliamentary procedure;
In subsection (9) above “local authority” means— and “statutory undertaking” means any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power, water or district heating.
a council of a county, county of city, burgh or district;
any body which immediately after the coming into force of the enactment which constituted the body exercised functions which immediately before 16th May 1975, were exercised by one of the councils referred to in paragraph (a) above;
Subject to the following provisions of this section, where an existing joint board, every member of which is appointed by a local authority, was constituted by or under any enactment for exercising functions for any area, then, notwithstanding the change of areas and authorities effected by Part I of this Act, the board shall continue to exist on and after 16th May 1975 and to exercise for that area the same functions as before that date (to the exclusion of new local authorities).
Subsection (1) above shall not apply to a joint board constituted for an area which on 16th May 1975 will be wholly within the area of a single new local authority if the board was constituted for the purpose of exercising functions which on and after that date would (apart from the existence of the board) be exercisable by that local authority, whether or not the board has additional functions which, apart from this section, would not be so exercisable ; and accordingly in any such case—
the functions of the board shall on 16th May 1975 become functions of that new local authority ; and
the joint board shall cease to exist on that date.
The continuation in existence of any area or body by this section shall not prejudice any power conferred by any enactment to amend or revoke the order constituting the area or body or the power to make provision with respect to the body conferred by section 215 of this Act.
The following provisions shall have effect for the construction of references to a local statutory provision to which section 225 of this Act applies:—
any reference to an existing joint board which ceases to exist by virtue of this section, or any reference which is to be construed as such a reference, shall be construed as a reference to the local authority by whom the functions of that board will become exercisable by virtue of this section ;
any reference to a united district or other area the existing joint board for which ceases to exist by virtue of subsection (2) above, or any reference which is to be construed as such a reference, shall be construed as a reference to so much of the area of the new local authority by whom the functions formerly exercisable by the existing joint board become exercisable on 16th May 1975 as comprises the area for which the board acted.
The foregoing provisions of this section shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.
On 16th May 1975 all dean of guild courts shall cease to exist, and unless otherwise provided, all powers, duties and responsibilities conferred on a dean of guild or a dean of guild court by or under any enactment shall thereafter be exercised by the authority responsible for building control in the area concerned.
The courts for striking the fiars prices for the counties of Scotland shall no longer be held, and accordingly no payment becoming due after the appointed day shall be calculated by reference to fiars prices.
Subject to the provisions of section 12 of the Conveyancing (Scotland) Act 1924 (abolition and commutation of grain, etc. feuduties) the amount of any periodical payment becoming due after the appointed day which would, if it had become due immediately before that day, have fallen to be ascertained by reference to fiars prices, shall be a sum in money representing the average value of the payment due during the last three years before that day.
In the event of the parties failing to reach agreement as to the commutation into money of any payment by reference to subsection (2) above, either party may apply to the sheriff for a decree declaring the commuted value in money of the payment.
Where any payment, the amount of which falls to be ascertained by reference to subsection (2) above, is exigible from any person by virtue of an interest in land, the title to which may be recorded in the Register of Sasines, any agreement relative thereto and any decree pronounced under subsection (3) above shall, on being duly recorded in the appropriate register, be binding upon all persons having interest.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “the appointed day” means the day appointed under section 238 of this Act for the coming into operation of this section.
The Burgh Police (Scotland) Acts 1892 to 1911 shall cease to have effect at the end of 1979, and until that time those Acts shall have effect subject to the amendments set out in Schedule 28 to this Act, to the provisions of this section and of any order made thereunder.
Subject to subsection (3) below, the said Acts of 1892 to 1911 shall continue to apply in those areas and to those things and persons in which, to which and to whom they at present apply.
The Secretary of State may by order provide for the extension of any provision of the said Acts of 1892 to 1911 to such areas, things and persons as he may think fit, and, without prejudice to that generality, any such order may—
extend the provision throughout a new local government area;
provide that the provision shall have effect in such an area to the exclusion of any enactment for corresponding purposes;
make such modifications of any such enactment in its application to such an area as will secure that the enactment will operate harmoniously with the said provision in that area;
repeal or revoke any such enactment or instrument which appears to the Secretary of State to have become spent, obsolete or unnecessary, or to have been substantially superseded by any such provision ;
transfer to any authority appearing to the Secretary of State to be appropriate any function of an existing local authority which is not to become a function of some other authority;
make such modifications of the said provision in its application to a new local government area as appear to the Secretary of State to be expedient.
An instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Existing local authorities may establish, or the Secretary of State may require existing local authorities to establish, a committee in each region, islands area or district to consider any matter which it is expedient should be considered before the election of the council of the authority concerned in order to ensure the effective operation of that council on and after 16th May 1975.
A committee established under this section shall consist of such number of representatives of the authorities by whom it is established as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.
Any expenses incurred by a committee established under subsection (1) above shall be defrayed by the local authorities by whom the committee was established in such proportions respectively as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State.
Where, from failure to observe any of the provisions of this Act or from any other cause, a difficulty arises in carrying into effect any of the provisions of this Act, or where in any case any question arises as to the procedure to be followed, or where any question arises in connection with the election of members of a local authority and no provision is made in this Act for meeting such difficulty or determining such question, it shall be lawful for the local authority or any seven local government electors for the area of the authority or the proper officer of the authority, or in the case of a question relating to an election of members of a local authority for the returning officer at the election, to make application to the sheriff setting forth the circumstances and after such intimation and inquiry as to the sheriff seems proper, the sheriff may give such directions as in his judgment will enable the provisions of this Act to be complied with as nearly as possible or determine the question as the case may be, and may make such order as seems proper to him with reference to the expenses in connection with the application and the persons by whom such expenses are payable.
Subject to any order made by the sheriff, all expenses incurrred in connection with any application under the preceding subsection shall be defrayed as part of the general expenses of the authority.
Where any application to the sheriff under this Act is dealt with in the first instance by a sheriff other than the sheriff principal, it shall be competent to appeal to the sheriff principal against the decision of the sheriff within fourteen days after the date thereof, but subject thereto the decision of the sheriff principal or sheriff shall, except where otherwise specifically provided, be final.
Where the area of a local authority is situated within more than one sheriffdom, any application to the sheriff under this Act shall be presented to the sheriffs principal of the sheriffdoms in which the area of the authority is situated.
Where any application is presented to two or more sheriffs principal under this Act and they are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.
Any power to make orders, rules or regulations conferred on any Minister by any provision of this Act, other than section 104(1), 210(7) 211 or 221 shall be exercisable by statutory instrument.
Any order under this Act may be varied or revoked by a subsequent order made in the like manner and subject to the same provisions.
An order made by a Minister under this Act may contain such incidental, consequential and supplemental provisions as appear to the Minister by whom the order is made to be necessary or proper for bringing the order into operation and giving full effect thereto.
There shall be defrayed out of moneys provided by Parliament—
any expenses incurred by any Minister under this Act; and
any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.
In this Act, except where the context otherwise requires— “appropriate Minister”, with respect to any matter, means the Minister in charge of any Government Department concerned with that matter; but the validity of any order or regulation purporting to be made by any Minister by virtue of a power conferred on the appropriate Minister by this Act shall not be affected by any question as to whether or not that Minister was the appropriate Minister for the purpose; . . . . . . “education authority”, “educational establishment”, “further education” and “school” have the same meanings as in the Education (Scotland) Act 1980; . . . “electoral ward” shall be construed in accordance with section 5 of the Local Government etc. (Scotland) Act 1994; “enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act; “existing”, in relation to any authority, means that authority as they existed immediately before the passing of this Act; “financial year” has , except in section 98, the meaning assigned to it by section 96(5) of this Act; “joint board” means a body corporate, constituted for the purposes of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities; “joint committee” means a body, not being a body corporate, constituted for the purpose of a combination of local authorities under this Act or by or under any other enactment, consisting exclusively of persons appointed by the local authorities; “land” includes land covered with water and any interest right or servitude in or over land; “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “local statutory provision” means a provision of a local Act (including an Act confirming a provisional order) or a provision of a public general Act passed with respect only to the whole or part of an existing local government area or a provision of an instrument made under any such local or public general Act or of an instrument in the nature of a local enactment made under any other Act; “new”, in relation to any authority, means that authority as established by or under this Act; “1947 Act” means the Local Government (Scotland) Act 1947; “prescribed” means prescribed by regulations made by the Secretary of State; “rating authority” shall be construed in accordance with section 30 of the Local Government etc. (Scotland) Act 1994; . . .
“newspaper” includes—
Any reference in this Act to a regional, islands or district council includes a reference to any combination of those councils.
Any reference in this Act to a proper officer and any reference which by virtue of this Act is to be construed as such a reference shall, in relation to any purpose and any local authority or other body or any area, be construed as a reference to an officer appointed for that purpose by that body or for that area, as the case may be.
In this Act, except where the context otherwise requires, references to any enactment shall be construed as references to that enactment as amended, extended or applied by or under any other enactment, including any enactment contained in this Act.
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. . . Nothing in sections 70 to 78 of this Act shall affect any provision relating to the acquisition by agreement or compulsorily, appropriation, letting or disposal of land, the erection of buildings or the execution of works by a local authority contained in any of the following enactments or any instrument made thereunder—
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The Military Lands Acts 1892 to 1903;
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The Housing (Scotland) Act 1987;
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The Education (Scotland) Acts 1939 to 1973;
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Any local Act.
Any enabling provision contained in this Act shall be in addition to, and not in derogation of, any powers exercisable by Her Majesty by virtue of her royal prerogative.
The enactments specified in Schedule 29 to this Act (which include enactments that were obsolete, spent or unnecessary before the passing of this Act) are hereby repealed to the extent mentioned in the third column of that Schedule.
Without prejudice to section 17(2) of the Interpretation Act 1978, where this Act repeals any enactment making provision with respect to a particular matter or particular matters and either makes or applies some other enactment making corresponding or different provision with respect to that matter or those matters, then, unless the contrary intention appears and in particular subject to any instrument under section 215, 216, 219 or 225 of this Act references in any enactment other than this Act, or in any instrument made under any enactment other than this Act, to the repealed enactment shall be construed as references to the enactment contained in or applied by this Act which makes the corresponding or different provision.
This Act may be cited as the Local Government (Scotland) Act 1973.
This Act (except this section) shall come into operation on the appointed day, being such day as the Secretary of State may by order appoint, and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.
This Act, except sections 92, 146(5) and 213 and paragraph 64 of Schedule 17 and Schedule 26 . . . extends to Scotland only.
Region Area by reference to existing administrative areas Highland The county of Caithness. The county of Nairn. The county of Sutherland. In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven. The county of Inverness (except the districts of Barra, Harris, North Uist, South Uist). In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale. The county of Ross and Cromarty (except the burgh of Stornoway; the district of Lewis). Grampian The county of the city of Aberdeen. The county of Aberdeen. The county of Kincardine. The county of Banff. The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale). Tayside The county of the city of Dundee. The county of Angus. The county of Kinross. The county of Perth (except the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart). Fife The county of Fife. Lothian The county of the city of Edinburgh. The county of East Lothian. The county of Midlothian (except the electoral division of Heriot and Stow). The county of West Lothian (except the burgh of Bo'ness; the district of Bo'ness). Borders The county of Berwick. The county of Peebles. The county of Roxburgh. The county of Selkirk. In the county of Midlothian—the electoral division of Heriot and Stow. Central The county of Clackmannan. In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart The county of Stirling (except the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)). In the county of West Lothian—the burgh of Bo'ness; the district of Bo'ness. Strathclyde The county of the city of Glasgow. The county of Bute. The county of Dunbarton. The county of Lanark. The county of Renfrew. The county of Argyll (except the district of Ardnamurchan; the electoral divisions of Ballachulish and Kinlochleven). The county of Ayr. In the county of Stirling—the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton). Dumfries and Galloway The county of Dumfries. The county of Kirkcudbright. The county of Wigtown.
Region Area covered by reference to existing administrative areas Highland The county of Caithness. The county of Nairn. The County of Sutherland. In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven. The county of Inverness (except the districts of Barra, Harris, North Uist, South Uist). In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale. The county of Ross and Cromarty (except the burgh of Stornoway; the district of Lewis). Grampian The county of the city of Aberdeen. The county of Aberdeen. The county of Kincardine. The county of Banff. The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale). Tayside The county of the city of Dundee. The county of Angus. The county of Kinross. The county of Perth (except the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart). Fife The county of Fife. Lothian The county of the city of Edinburgh. The county of East Lothian. The county of Midlothian (except the electoral divison of Heriot and Stow). The county of West Lothian (except the burgh of Bo’ness; the district of Bo’ness). Borders The county of Berwick. The county of Peebles. The county of Roxburgh. The county of Selkirk. In the county of Midlothian—the electoral division of Heriot and Stow. Central The county of Clackmannan. In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch); the parish of Muckhart. The county of Stirling (except the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)). In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness. Strathclyde The county of the city of Glasgow. The county of Bute. The county of Dunbarton. The county of Lanark. The county of Renfrew. The county of Argyll (except the district of Ardnamurchan; the electoral divisions of Ballachulish and Kinlochleven). The county of Ayr. In the county of Stirling—the burgh of Kilsyth; Western No. 3 district; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton). Dumfries and Galloway The county of Dumfries. The county of Kirkcudbright. The county of Wigtown.
Islands Areas Area by reference to existing administrative areas Orkney The county of Orkney. Shetland The county of Zetland. Western Isles In the county of Inverness—the districts of Barra, Harris, North Uist, South Uist. In the county of Ross and Cromarty—the burgh of Stornoway; the district of Lewis.
Name of Region District Area of district by reference to existing administrative areas Highland Caithness The county of Caithness. In the county of Sutherland—the district of Tongue and Farr. Sutherland The county of Sutherland (except the district of Tongue and Farr). In the county of Ross and Cromarty—the electoral division of Kincardine. Ross and Cromarty In the county of Ross and Cromarty—the burghs of Cromarty, Dingwall, Fortrose, Invergordon, Tain; the districts of Avoch, Dingwall, Fearn, Fortrose, Gairloch, Invergordon, Lochbroom, Lochcarron, Muir of Ord; the electoral division of Edderton and Tain. Skye and Lochalsh In the county of Inverness—the district of Skye. In the county of Ross and Cromarty—the South West district. Lochaber In the county of Argyll—the district of Ardnamurchan; the electoral divisions of Ballachulish, Kinlochleven. In the county of Inverness—the burgh of Fort William; the district of Lochaber. Inverness In the county of Inverness—the burgh of Inverness; the districts of Aird, Inverness. Badenoch and Strathspey In the county of Inverness—the burgh of Kingussie; the district of Badenoch. In the county of Moray—the burgh of Grantown-on-Spey; the district of Cromdale. Nairn The county of Nairn. Grampian Moray The county of Moray (except the burgh of Grantown-on-Spey; the district of Cromdale). In the county of Banff—the burghs of Aberlour, Buckie, Cullen, Dufftown, Findochty, Keith, Portknockie; the districts of Buckie, Cullen (except the electoral division of Fordyce), Dufftown, Keith. Banff and Buchan In the county of Banff—the burghs of Aberchirder, Banff, Macduff, Portsoy; the districts of Aberchirder, Banff; the electoral division of Fordyce. In the county of Aberdeen—the burghs of Fraserburgh, Peterhead, Rosehearty, Turriff; the districts of Deer, Turriff; the electoral division of Cruden. Gordon In the county of Aberdeen—the burghs of Ellon, Huntly, Inverurie, Kintore, Oldmeldrum; the districts of Aberdeen (except the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood and the parishes of Drumoak, Dyce, Peterculter), Alford, Ellon (except the electoral division of Cruden), Garioch, Huntly. City of Aberdeen The county of the city of Aberdeen. In the county of Aberdeen—the electoral divisions of Bucksburn, Newhills Landward, Old Machar, Stoneywood; the parishes of Dyce, Peterculter. In the county of Kincardine—the electoral division of Nigg. Kincardine and Deeside In the county of Aberdeen—the burgh of Ballater; the district of Deeside; the parish of Drumoak. In the county of Kincardine—the burghs of Banchory, Inverbervie, Laurencekirk, Stonehaven; the districts of Laurencekirk, St. Cyrus, Stonehaven, Upper Deeside; the electoral divisions of Banchory-Devenick, Maryculter. Tayside Angus In the county of Angus—the burghs of Arbroath, Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the districts of Brechin, Carnoustie, Forfar, Kirriemuir, Montrose; the parish of Newtyle. City of Dundee The county of the city of Dundee. In the county of Angus—the burgh of Monifieth; the district of Monifieth (except the electoral division of Newtyle and Kettins). In the county of Perth—the electoral division of Longforgan. Perth and Kinross The county of Kinross. In the county of Angus—the parish of Kettins. In the county of Perth—the burghs of Aberfeldy, Abernethy, Alyth, Auchterarder, Blairgowrie and Rattray, Coupar Angus, Crieff, Perth, Pitlochry; the districts Central (except the parish of Muckhart), Eastern, Highland, Perth (except the electoral division of Longforgan); the electoral division of Ardoch. Fife Kirkcaldy In the county of Fife—the burghs of Buckhaven and Methil, Burntisland, Kinghorn, Kirkcaldy, Leslie, Leven, Markinch; the districts of Glenrothes, Kirkcaldy (except that part of the electoral division of Auchtertool within the Gray Park polling district), Wemyss; the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden. North East Fife In the county of Fife—the burghs of Auchtermuchty, Crail, Cupar, Elie and Earlsferry, Falkland, Kilrenny, Anstruther, Easter and Wester, Ladybank, Newburgh, Newport-on-Tay, Pittenweem, St. Andrews, St. Monance, Tayport; the districts of Cupar, St. Andrews. Dunfermline In the county of Fife—the burghs of Cowdenbeath, Culross, Dunfermline, Inverkeithing, Lochgelly; the districts of Dunfermline, Lochgelly (except the electoral divisions of Auchterderran, Denend, Kinglassie, New Carden); that part of the electoral division of Auchtertool within the Gray Park polling district. Lothian West Lothian In the county of West Lothian—the burghs of Armadale, Bathgate, Linlithgow, Whitburn; the districts of Linlithgow, Torphichen and Bathgate, Uphall, Whitburn and Livingston; the electoral divisions of Abercorn, Winchburgh East and Winchburgh West. In the county of Midlothian—the districts of East Calder, West Calder. City of Edinburgh The county of the city of Edinburgh. In the county of West Lothian—the burgh of Queensferry; the district of Kirkliston and Winchburgh (except the electoral divisions of Abercorn, Winchburgh East and Winchburgh West). In the county of Midlothian—the district of Currie and the parish of Cramond. Midlothian In the county of Midlothian—the burghs of Bonnyrigg and Lasswade, Dalkeith, Loanhead, Penicuik; the districts of Gala Water (except the electoral division of Heriot and Stow), Lasswade, Musselburgh (except the parish of Inveresk), Newbattle, Penicuik. East Lothian The county of East Lothian. In the county of Midlothian—the burgh of Musselburgh; the parish of Inveresk. Central Clackmannan The county of Clackmannan. In the county of Perth—the parish of Muckhart. Stirling In the county of Perth—the burghs of Callander, Doune, Dunblane; the Western district (except the electoral division of Ardoch). In the county of Stirling—the burghs of Bridge of Allan, Stirling; the districts Central No. 1, Western No. 1, Western No. 2. Falkirk In the county of Stirling—the burghs of Denny and Dunipace, Falkirk, Grangemouth; the districts Eastern No. 1, Eastern No. 2, Eastern No. 3, Central No. 2 (except the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton)). In the county of West Lothian—the burgh of Bo’ness; the district of Bo’ness. Borders Tweeddale The county of Peebles. Ettrick and Lauderdale The county of Selkirk. In the county of Berwick—the burgh of Lauder; the West district (except the electoral divisions of Gordon, Hume and Nenthorn, Westruther). In the county of Midlothian—the electoral divison of Heriot and Stow. In the county of Roxburgh—the burgh of Melrose; the district of Melrose (except that part of the parish of Roxburgh which lies within this district). Roxburgh In the county of Berwick—the parish of Nenthorn. In the county of Roxburgh—the burghs of Hawick, Jedburgh, Kelso; the districts of Hawick, Jedburgh, Kelso; that part of the parish of Roxburgh within the district of Melrose. Berwickshire In the county of Berwick—the burghs of Coldstream, Duns, Eyemouth; the East district; the Middle district; the electoral divisions of Gordon, Westruther; the parish of Hume. Strathclyde Argyll In the county of Argyll—the burghs of Campbeltown, Dunoon, Inverarray, Lochgilphead, Oban, Tobermory; the districts of Cowal, Islay, Jura and Colonsay, Kintyre, Mid Argyll, Mull, North Lorn (except the electoral divisions of Ballachulish, Kinlochleven), South Lorn, Tiree and Coll. In the county of Bute—the burgh of Rothesay; the district of Bute. Dumbarton In the county of Dunbarton—the burghs of Dumbarton, Cove and Kilcreggan, Helensburgh; the districts of Helensburgh, Vale of Leven; the electoral divisions of Bowling, Dunbarton. City of Glasgow The county of the city of Glasgow. In the county of Lanark—the burgh of Rutherglen; in the Eighth district, the electoral divisions of Bankhead, Cambuslang Central, Cambuslang North, Hallside, Rutherglen, and those parts of Cambuslang South and Carmunnock electoral divisions lying outwith the designated area of East Kilbride New Town; in the Ninth district, the electoral divisions of Baillieston, Garrowhill, Mount Vernon and Carmyle, Springboig. Clydebank In the county of Dunbarton—the burgh of Clydebank; the district of Old Kilpatrick (except the electoral divisions of Bowling, Dunbarton, and that part of the electoral division of Hardgate lying within the parish of New Kilpatrick). Bearsden and Milngavie In the county of Dunbarton—the burghs of Bearsden, Milngavie; that part of the electoral division of Hardgate lying within the parish of New Kilpatrick. Bishopbriggs and Kirkintilloch In the county of Dunbarton—the burgh of Kirkintilloch; those parts of the electoral divisions of Twechar and Waterside lying outwith the designated area of Cumbernauld New Town. In the county of Lanark—the burgh of Bishopbriggs; the electoral divisions of Chryston, Stepps. In the county of Stirling—the Western No. 3 district. Cumbernauld In the county of Dunbarton—the burgh of Cumbernauld; the electoral division of Croy and Dullatur and those parts of the electoral divisions of Twechar and Waterside lying within the designated area of Cumbernauld New Town. In the county of Stirling—the burgh of Kilsyth; the electoral division of Kilsyth West; the polling district of Kilsyth East (Banton). Monklands In the county of Lanark—the burghs of Airdrie, Coatbridge; the Ninth district (except the electoral divisions of Baillieston, Chryston, Garrowhill, Mount Vernon and Carmyle, Springboig, Stepps); in the Seventh district, the electoral division of Shottskirk. Motherwell In the county of Lanark—the burgh of Motherwell and Wishaw; the Sixth district (except the electoral divisions of Bothwell and Uddingston South, Uddingston North), the Seventh district (except the electoral division of Shottskirk). Hamilton In the county of Lanark—the burgh of Hamilton; the Fourth district (except the electoral division of Avondale); in the Sixth district, the electoral divisions of Bothwell and Uddingston South, Uddingston North; in the Eighth district, the electoral divisions of Blantyre, Stonefield, and that part of High Blantyre electoral division lying outwith the designated area of East Kilbride New Town. East Kilbride In the county of Lanark—the burgh of East Kilbride; in the Fourth district, the electoral division of Avondale; in the Eighth district, those parts of High Blantyre, Cambuslang South, and Carmunnock electoral divisions lying within the designated area of East Kilbride New Town. Eastwood In the county of Renfrew—the First district. Lanark In the county of Lanark—the burghs of Biggar, Lanark; the First, Second, Third districts. Renfrew In the county of Renfrew—the burghs of Barrhead, Johnstone, Paisley, Renfrew; the Second, Third, Fourth districts. Inverclyde In the county of Renfrew—the burghs of Gourock, Greenock, Port Glasgow; the Fifth district. Cunninghame In the county of Ayr—the burghs of Ardrossan, Irvine, Kilwinning, Largs, Saltcoats, Stevenston; the districts of Irvine, Kilbirnie, West Kilbride; those parts of the designated area of Irvine New Town within the Ayr and Kilmarnock districts. In the county of Bute—the burgh of Millport; the districts of Arran, Cumbrae. Kilmarnock and Loudoun In the county of Ayr—the burghs of Darvel, Galston, Kilmarnock, Newmilns and Greenholm, Stewarton; the district of Kilmarnock (except that part of the designated area of Irvine New Town within this district). Kyle and Carrick In the county of Ayr—the burghs of Ayr, Girvan, Maybole, Prestwick, Troon; the district of Ayr (except that part of the designated area of Irvine New Town within this district), Girvan, Maybole; that part of the parish of Ayr within the district of Dalmellington; the polling district of Coylton. Cumnock and Doon Valley In the county of Ayr—the burgh of Cumnock and Holmhead; the districts of Cumnock, Dalmellington (except that part of the parish of Ayr within this district; the polling district of Coylton). Dumfries and Galloway Merrick The county of Wigtown. In the county of Kirkcudbright—the Western district (except the electoral division of Anwoth and Girthon). Stewartry In the county of Kirkcudbright—the burghs of Castle Douglas, Dalbeattie, Gatehouse of Fleet, Kirkcudbright, New Galloway; the districts of Castle Douglas, Dalbeattie, Glenkens, Kirkcudbright; the electoral division of Anwoth and Girthon. Nithsdale In the county of Dumfries—the burghs of Dumfries, Sanquhar; the districts of Dumfries (except the parishes of Dalton, Lochmaben), Thornhill, Upper Nithsdale. In the county of Kirkcudbright—the Eastern district. Annandale and Eskdale In the county of Dumfries—the burghs of Annan, Langholm, Lockerbie, Lochmaben, Moffat; the districts of Annan, Gretna, Langholm, Lockerbie, Moffat; the parishes of Dalton, Lochmaben.
The boundaries of the new local government areas shall be mered by Ordnance Survey.
Any such boundary defined on the map annexed to any order under Part VI of the Local Government (Scotland) Act 1947 by reference to proposed works shall, until such works are carried out, be mered as if the boundary had not been so defined.
In this Schedule references to existing polling districts shall mean those districts as bounded as at 16th May 1973.
For the purpose of any election of councillors held before the relevant year of election, every region and islands area shall be divided into such electoral divisions, and every district shall be divided into such wards, as may be specified in a direction made by the Secretary of State after carrying out, either before or after the passing of this Act, such consultations as he thinks appropriate. In this paragraph, “relevant year of election” means, in relation to a local government area, the first year of ordinary election of councillors for that area (being 1978 or any fourth year thereafter in the case of regional or islands councillors, and 1977 or any of the subsequent years stated or referred to in section 4(4) of this Act in the case of district councillors) occurring after the making of any order constituting the new electoral areas of that local government area in consequence of a review under Schedule 5 to this Act. A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Secretary of State to be necessary or proper.
At the first elections of councillors for the new local authorities, the returning officer shall be an officer of the council appointed by such existing county or town council as the Secretary of State may direct. In relation to any such election, if in any electoral division of a region there is a contested election of a regional councillor, any contested election of a district councillor for a ward within that division shall take place in the polling stations and with the presiding officers and clerks appointed for the election of the regional councillor. Section 7(5) of this Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer in relation to the holding of that election shall be paid in the first instance by the council by whom the returning officer was appointed and shall be defrayed by the existing authorities concerned in such proportions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of section 29 of this Act, in its application to a candidate for membership of a new local authority, the new local authority areas shall be treated as having been established not less than twelve months before the day of his nomination as such a candidate.
The first meeting of each new council shall be held within twenty-one days immediately following the day of election. The first meeting shall be convened by a person designated— and shall be held at such place as the said person may appoint. The notice of the meeting required by paragraph 2(1) of Schedule 7 to this Act shall, in the case of the first meeting, be published at the place where the meeting is to be held, and the summons to attend the meeting required by that paragraph shall be signed by the person designated as mentioned in sub-paragraph (2) above.
Until the completion of the election of a chairman at the first meeting of a new council, the returning officer appointed as mentioned in paragraph 2 above, or failing him any such councillor as may be selected by the councillors meeting together, shall exercise any functions falling to be exercised by the chairman of the council, but the person so acting as chairman shall not be entitled to vote unless he is a councillor for the new area. At the first meeting of a new council the person designated as mentioned in paragraph 4(2) above shall exercise any functions falling to be exercised by the proper officer of the new council in relation to the meeting. The standing orders for the regulation of the proceedings and business of an existing authority, designated in the manner indicated in heads (a) and (b) of paragraph 4(2) above, shall apply at the first meeting of a new council.
No election of councillors of an existing local authority shall be held after the end of 1973, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 59(3) of the 1947 Act before the end of 1973; but, notwithstanding the provisions of any local statutory provision, after the last mentioned date any such casual vacancy may be filled in accordance with section 59(1) of that Act by the authority themselves electing a person to fill the vacancy. Any councillor of an existing local authority holding office immediately before the end of 1973 or elected after the end of that year shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 16th May 1975: Provided that nothing in this sub-paragraph shall operate to continue any councillor in the office of provost, bailie, honorary treasurer, judge of police or dean of guild of a burgh beyond the date at which he would have ceased to hold that office if this Act had not been passed, and any reference in any enactment to the day of an annual election of councillors shall be construed as a reference to the day on which such election would have been held if this Act had not been passed.
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In section 11 (polling districts and polling places), in subsection (2)(b), the words " or, in Scotland, each electoral division " shall cease to have effect, and after subsection (2)(b) there shall be added the following paragraph— In subsection (4) of section 11, in the definition of "interested authority ", for the words " any county, town or district council " there shall be substituted the words "the council of any region, islands area or district ".
In section 22 (polling districts and polling stations at local government elections), after subsection (1) there shall be inserted the following subsection—
In section 40(2) (person responsible for making out corrupt and illegal practices list), the words from " in England" to " in Scotland " shall cease to have effect.
In section 41(2) (deputy registration officers), the words " Except in Scotland " shall cease to have effect, and after the words " Secretary of State " there shall be inserted the words " or in Scotland by the council which appointed the registration officer ". In section 41, after subsection (5) there shall be inserted the following subsection:—
In section 43 (payment of expenses of registration) in subsection (1) the words from " and there shall be paid" onwards, and subsection (8) shall cease to have effect.
In section 52(2) (offences in connection with nomination papers) in paragraph (a) the words "or, in the case of an election of town councillors, to the town clerk " shall cease to have effect, and in paragraph (b) for the words from "proposer" to "therein" there shall be substituted the words " in any other capacity certifies the truth of any statement contained therein, knowing such statement ".
In section 55(6) (meaning of " appropriate officer " in Part II), in paragraph (b) the words " in England and Wales " and paragraph (c) shall cease to have effect.
In section 83(1)(b) (use of schools and rooms for local election meetings) for the words " a district council" there shall be substituted the words " the council of an islands area or district " , and in section 83(4) the word " district" shall cease to have effect.
In section 86(4) (officials not to act for candidates) the words "town clerk or town clerk depute" (where they first occur) shall cease to have effect, and for the words from " county " onwards there shall be substituted the words " sheriff court district for which he is sheriff clerk ".
In section 113(3) (person to whom petition questioning local election is presented), for paragraph (b) there shall be substituted the following paragraph—
In section 117 (constitution of election court, etc.):—
in subsection (1), for the words after " tried " there shall be substituted the following words—;
in subsection (2), for the words " by the court" there shall be substituted the words " (unless imposed or made by the Court of Session in consequence of a case stated under subsection (1) above) ";
for subsection (3) there shall be substituted the following subsection—;
in subsection (4), for the word " sheriffdom " there shall be substituted the words " said sheriffdom or sheriffdoms ".
In section 139(3) (incapacity of candidate guilty of corrupt or illegal practice) for the words " a county, town or district council" there shall be substituted the words " any local authority ".
In section 166 (local elections in Scotland excluded from Parts II and III of Act), for the word " 1947 " there shall be substituted the word " 1973 ".
In section 173 (general application to Scotland):—
in subsection (2), the words from the beginning to " town councillor, and " shall cease to have effect;
subsection (3) shall cease to have effect;
in subsection (8), the definitions of " assessor ", " burgh ", " large burgh " and " small burgh ", and " elected district councillor " shall cease to have effect; in the definition of "electoral area" for the words "burgh, ward or other area " there shall be substituted the words " or ward "; in the definition of " local elections rules" for the words "local elections rules in the Third Schedule to this Act" there shall be substituted the words " rules made under section 7 of the Local Government (Scotland) Act 1973 " ; in the definition of " local government Act" for the word " 1947 " there shall be substituted the word " 1973 " ; and in the definition of " local government area " for the words " county, burgh" there shall be substituted the words " region, islands area ".
In Scotland the place shall be in—
In Schedule 7, in paragraph 6(b) (duty to keep lists of meeting rooms, etc.) for the words from " town clerk " to " burgh or county " there shall be substituted the words " proper officer of the council of every islands area and district to prepare and keep for each constituency wholly situated in the area of the council ".
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In section 13(1) (countermand or abandonment of poll on death of candidate), in paragraph (b), after the date " 1949 " there shall be inserted the words " or, in Scotland, of section 9 of the Local Government (Scotland) Act 1973, ". In section 13(3) (application of Schedules 2 and 3 to the Act of 1949 to documents relating to an abandoned poll), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; section 13(4) shall cease to have effect; and in section 13(5) the words " and rule 18 of those in Schedule 3 " shall cease to have effect.
In section 14 (miscellaneous amendments of elections rules), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; and the words " and the local elections rules " shall cease to have effect.
In Schedule 2 (consequential, etc. amendments of Act of 1949), in paragraph 25, sub-paragraph (1) shall cease to have effect, in sub-paragraph (2) the words "and rule 24 of the local elections rules in Schedule 3 " shall cease to have effect, and in head (b) for the words " each of those rules " there shall be substituted the words " that rule ".
Section 12.
Boundaries Scotland shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members. The members of Boundaries Scotland shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments. The Secretary of State may remove a person from membership of Boundaries Scotland if he is satisfied that that person— The common seal of Boundaries Scotland shall be authenticated by the signature of a member of Boundaries Scotland or of some other person authorised in that behalf by Boundaries Scotland.
There shall be paid to each member of Boundaries Scotland such salary or fees and allowances as may from time to time be determined by the Secretary of State . . .. Boundaries Scotland may pay such pension, allowance or gratuity to or in respect of any member of Boundaries Scotland on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, . . . determine. If a person ceases to be a member of Boundaries Scotland, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, . . . require Boundaries Scotland to pay to that person a sum of such amount as the Secretary of State may . . . determine.
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The Local Government Boundary Commission for Scotland
Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973
The Secretary of State may appoint, to assist and advise Boundaries Scotland in the exercise of its functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to Boundaries Scotland. There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Treasury.
At any meeting of Boundaries Scotland three shall be the quorum.
All acts done at a meeting of Boundaries Scotland shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of Boundaries Scotland, be as valid as if the defect had not existed.
Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of Boundaries Scotland at and in connection with its meetings shall be such as it may from time to time determine.
The Secretary of State may appoint a secretary to Boundaries Scotland and such other officers and servants of Boundaries Scotland as he may . . . determine. Before appointing a person to be secretary to Boundaries Scotland, the Secretary of State shall consult with Boundaries Scotland. The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State . . .. Boundaries Scotland may, with the approval of the Secretary of State . . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined. Boundaries Scotland may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.
The expenses of Boundaries Scotland including— together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by the Scottish Ministers.
the salaries, fees and allowances of its members,
any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,
any payment of compensation to a person who ceases to be a member,
the remuneration and any expenses paid to an assistant commissioner, and
the remuneration and any expenses paid to the officers and servants of Boundaries Scotland, and
any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of Boundaries Scotland,
Every document purporting to be an instrument made or issued by Boundaries Scotland and to be duly sealed with the seal of Boundaries Scotland or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by Boundaries Scotland. Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of Boundaries Scotland to be a true copy of the instrument.
As soon as practicable after 1st April 1996 the Boundary Commission shall—
review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; and
formulate proposals for those arrangements.
The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required—
the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and
the Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications).
Section 28.
This Schedule applies to the consideration by the Secretary of State or Boundaries Scotland of the electoral arrangements for election of councillors of local government areas. Having regard to any change in the number or distribution of electors of a local government area likely to take place within the period of five years immediately following the consideration , the number calculated by dividing the number of local government electors in each electoral ward of that local government area by the number of councillors to be returned in that ward shall be, as nearly as may be, the same. Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to— but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.
The strict application of the rule stated in paragraph 1(2) . . . above may be departed from in any area where special geographical considerations appear to render a departure desirable.
Section 97.
A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election. Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine. Meetings shall be held at such place, either within or without their area, as the council may direct. A special meeting may be called at any time by the convener of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.
Three clear days at least before a meeting of a council— If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent . . . to that address shall be deemed sufficient service of the summons. Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council. Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.
At a meeting of a council the convener, if present, shall preside. If the convener is absent from a meeting of the council, the depute convener shall preside. If the convener and depute convener are absent from a meeting of the council, another member of the council chosen by the members present shall preside.
Subject to sub-paragraph (2) below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present. Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.
Subject to this or any other Act and to any provisions of standing orders relating to the suspension of such ordersor to the procedure for early removal from office of the convener or depute convener, all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council. In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment of a member of the council to any particular office or committee, in which case the decision shall be by lot.
The names of the members present at a meeting of a council shall be recorded.
Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof. Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.
Subject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.
The proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.
Section 97.
The Accounts Commission for Scotland (hereafter in this Schedule referred to as “the Commission”) shall be a body corporate and shall have a common seal.
Each member of the Commission shall, subject to sub-paragraph (4) below, hold and vacate office in accordance with the terms of his appointment. A member of the Commission may at any time resign office as such by notice in writing given to the Secretary of State. A person who has held office as a member of the Commission shall be eligible for reappointment. The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—
The Secretary of State shall appoint one of the members of the Commission to be chairman, and another of the members of the Commission to be deputy chairman, of the Commission. The chairman or deputy chairman of the Commission may at any time resign office as such by notice in writing given to the Secretary of State. If the chairman or deputy chairman of the Commission ceases to be a member of the Commission he shall cease to be chairman or, as the case may be, deputy chairman of the Commission.
At any meeting of the Commission , including any hearing under section 103 of this Act, the quorum shall be four or such larger number as the Commission may determine. In the case of an equality of votes at any meeting of the Commission the person acting as chairman of the meeting shall have a second or casting vote. The proceedings of the Commission shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the Commission. Subject to the foregoing provisions of this paragraph, the Commission shall have power to regulate their own procedure.
There may be paid to any member of the Commission . . . such salary or fees and allowances as may be approved by the Secretary of State; and such salary, fees and allowances shall be paid by Audit Scotland.
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The Commission shall have power generally to do such acts as may appear to them to be necessary or expedient for the proper discharge of their functions . . .
borrow, on the security of any property belonging to them, any money necessary for tide purpose of meeting any expenses incurred by them in or in connection with the discharge of their functions;
acquire such property (whether heritable or moveable) as may, in the opinion of the Commission, be necessary or desirable for the discharge of any of their functions, and dispose as they think fit of any property so acquired.
Section 122.
In section 195, after the words “this Act” there shall be inserted the words “or Part VII of the Local Government (Scotland) Act 1973.”
In section 216—
for the words from “as early” to “July” there shall be substituted the words “by such date as may be prescribed”;
for the words from “as the authorities” to “determine” there shall be substituted the words “as may be prescribed”;
In this section—
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In section 223, the proviso shall cease to have effect.
In section 229—
subsection (2) shall cease to have effect;
in subsection (3), the words "or of the provisions of any local Act" and the words from " and the provisions " to the end shall cease to have effect.
In section 231, the words “and save as otherwise provided in any local Act”, the words “the office of the collector of the authority or at” and the word “other” shall cease to have effect.
In section 232, in subsection (1), in the proviso, paragraph (c) shall cease to have effect.
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In section 237—
subsection (2)(f) shall cease to have effect;
for subsection (3) there shall be substituted the following subsection:—.
In section 238, subsection (4) shall cease to have effect.
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In section 252, the words from “whether such expenses” to “county council” shall cease to have effect.
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for paragraph (d) there shall be substituted the following paragraph:—;
paragraph (e) shall cease to have effect;
in paragraph (g), the words from the beginning to "town council" shall cease to have effect;
after paragraph (g) there shall be inserted the following paragraphs:—.
In section 258, in subsection (2), for the words " in respect of sums requisitioned from that authority by another authority " there shall be substituted the words " to another authority on account of rates ".
In section 258, in subsection (3), for the words " the Minister concerned is" there shall be substituted the words " they are " ; and the words from " and gives" to the end shall cease to have effect.
In section 259—
in subsection (1), paragraph (a) shall cease to have effect and in the proviso, for the words “paragraphs (a) and” there shall be substituted the word “paragraph”;
subsections (2) and (3) shall cease to have effect.
In section 260—
in subsection (1), in paragraph (e), the words “in the case of a county council or town council” shall cease to have effect;
subsection (2) shall cease to have effect.
In section 261—
in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act” shall cease to have effect; for the words “of the council” there shall be substituted the words “of the authority”; the words from “and all money” to “pari passu” shall cease to have effect; for the words “a council” there shall be substituted the words “a local authority”; and for the words “which the council” there shall be substituted the words “which the authority”;
in subsection (3), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”;
in subsection (5), for the words “section seventy-one of, or the Fourth Schedule to, the Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the Housing (Scotland) Act 1966”.
In section 262, in subsection (1), in paragraph (b) of the proviso, for the words “paragraph (d), (e), (f) or (g)” there shall be substituted the words “paragraph (d), (f), (g), (ga) or (gb)” and the words from “in order” to “relates” and the words from “in accordance” onwards shall cease to have effect.
In section 263, in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “or under a local Act” shall cease to have effect; and for the words “the council”, in both places where they occur, there shall be substituted the words “the authority”.
In section 264, subsection (4) shall cease to have effect.
In section 265, in subsection (5), the words “with the sanction of the Secretary of State” shall cease to have effect.
In section 266—
in subsection (1), the words from “and if it appears” to the end shall cease to have effect;
in subsection (3), the words “with the consent of the Secretary of State” shall cease to have effect;
in subsection (4), the words “subject to obtaining the consent of the Secretary of State” and the words “with the like consent” shall cease to have effect.
In section 268, in subsection (2), the words from “Where the treasurer” to the end shall cease to have effect.
In section 269—
in subsections (1) to (3), for the words “county council or a town council” and “county council or town council”, wherever they occur, there shall be substituted the words “local authority”; and for the words “the council”, wherever they occur, there shall be substituted the words “the authority”;
in subsection (1), in the proviso, paragraph (a) shall cease to have effect.
In section 271, in subsection (1), the words from “by a county council” to “section” shall cease to have effect and subsection (2) shall cease to have effect.
In section 272, for the words “county council or town council” there shall be substituted the words “local authority”.
In section 273—
in subsections (1) to (3), for the words “county council or town council” there shall be substituted the words “local authority”;
in subsection (1), for the words “the council” there shall be substituted the words “the authority”.
In section 274, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and the proviso shall cease to have effect.
In section 275—
in subsection (1), for the words from “county council” to “that effect” there shall be substituted the words “local authority shall, as from 16th May 1975,”; and for the words “the council” there shall be substituted the words “the authority”;
in subsection (2), for the word “council” there shall be substituted the word “authority”;
subsection (3) shall cease to have effect;
in subsection (4), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”.
In section 279—
the words “with consent of the Secretary of State” shall cease to have effect;
in the proviso, in paragraph (i), the words from “shall require” to “fund or” shall cease to have effect;
in the proviso, paragraph (ii) shall cease to have effect.
In section 292, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”.
In section 295, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.
In section 379, in subsection (1)—
in the definition of “security”, for the words “a burgh” there shall be substituted the words “an islands area or district”;
in the definition of “statutory borrowing power”, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.
In Schedule 7, in Form (1)—
in Note (1), for the words “a burgh” there shall be substituted the words “an islands area or district”; and the words “of the burgh” shall cease to have effect;
in Note (2), the word “district” shall cease to have effect;
Note (3) shall cease to have effect.
In Schedule 8—
in the title, for the words “COUNTY COUNCIL OR TOWN COUNCIL” there shall be substituted the words “LOCAL AUTHORITY”;
“appointed day” means 16th May 1975
“council”means a regional, islands or district council
in rule 18, in paragraph (4), in the proviso, for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”;
in rule 20, for the words from “and the auditor” to the end there shall be substituted the words “and shall be audited in accordance with Part VII of the Local Government (Scotland) Act 1973”.
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In section 144, subsections (3), (4) and (8) shall cease to have effect in relation to Part V of the Act.
In section 145, in subsection (2)—
the definitions of “large burgh” and “small burgh” shall cease to have effect;
“local authority” means a regional, islands or district council;
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In section 1—
subsections (1) to (4) shall cease to have effect;
in subsection (5), for the words “section eighty-three or ninety-three of the Act of 1947” there shall be substituted the words “section 116(2) of the Local Government (Scotland) Act 1973”; and the words “under this section” shall cease to have effect;
subsection (6) shall cease to have effect;
in subsection (7), the words “appointed under this section” shall cease to have effect.
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In section 9, in subsection (5), for the words from the beginning to " said copies " there shall be substituted the words " Every valuation authority shall, when the valuation roll for any year of revaluation has been made up, cause copies of the said roll " ; and for the words " copies of the roll are received by them " there shall be substituted the words " the roll was so made up ".
In section 11, at the end there shall be inserted the following subsection:—
In section 21, in subsection (1), the words “are situated within the landward area of a county and” shall cease to have effect.
In section 24, in subsection (4), in the definition of “separately rated area”, for the words from “a burgh”, where they first occur, to the end there shall be substituted the words “an islands area or district”.
In section 43, in subsection (1), the definitions of “burgh”, “large burgh” and “rating authority” shall cease to have effect.
In Schedule 4—
in paragraph 10, for the words “rating authority” there shall be substituted the words “local authority”;
in paragraph 11, in sub-paragraph (3), in the proviso, for the words “rating authorities”, in both places where they occur, there shall be substituted the words “local authorities”.
Section 8 shall cease to have effect.
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In section 9—
in subsection (1), for the word “rules” there shall be substituted the word “regulations”; and for the words “this subsection” there shall be substituted the words “section 111 of the Local Government (Scotland) Act 1973”;
in subsection (3), for the words “area which is a burgh or the landward area of a county” there shall be substituted the words “district or islands area”; . . ..
after subsection (3) there shall be inserted the following subsection:—;
in subsection (4), for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) above” and the words “to county councils and town councils” shall cease to have effect;
in subsection (6), for the words “burgh or of the landward area of a county” there shall be substituted the words “district or islands area”; and for the words “burgh or, as the case may be, the landward area”, in both places where they occur, there shall be substituted the words “district or, as the case may be, islands area”;
subsection (7) shall cease to have effect.
In section 19, in subsection (2), the words “the expression “local authority” includes a district council, and” shall cease to have effect.
In section 20, subsection (2) shall cease to have effect.
In section 21—
in subsection (1), for the words “county council” there shall be substituted the words “regional council”; for the words “the county”, where they first occur, there shall be substituted the words “the region”; for the words “the expenditure” there shall be substituted the words “the relevant local expenditure”; and for the words from “relevant” onwards there shall be substituted the words “sum of the relevant local expenditures for that year of the regional council and the councils of each district in the region”,
subsection (2) shall cease to have effect;
for subsection (3) there shall be substituted the following subsection:—
In section 26(2), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.
In section 8, subsections (2) and (5) shall cease to have effect.
In section 9—
in subsection (1), paragraph (b) shall cease to have effect;
subsections (2) and (4) shall cease to have effect.
In section 10, subsection (2) shall cease to have effect.
In section 2—
in subsection (5), for the words “section 5 of this Act)” there shall be substituted the words “the standard scheme prescribed under section 112 of the Local Government (Scotland) Act 1973, including that scheme as varied under section 114 of that Act)”;
in subsection (12), in paragraph (b), the words from “or any corresponding provision” to the end shall cease to have effect.
In section 4, in subsection (5), the words “or any provision for like purposes contained in any local Act” and the words from “or any such provision” to the end shall cease to have effect.
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In section 2, in subsection (2), in paragraph (b), the words “and grants under the Rating Act 1966” shall cease to have effect.
In section 6, in subsection (2), for the words “a county” there shall be substituted the words “the area of any local authority”; and for the words “the county” there shall be substituted the words “that area”.
In this subsection the words “the amount of the rate”, in relation to a regional council, mean the aggregate amount of the regional rate and the district rate
In section 46(1), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.
In Schedule 1, in Part I—
in paragraph 1, for the words “first be apportioned to all counties and those burghs which are counties of cities” there shall be substituted the words “be apportioned to all regions, islands areas and districts”;
paragraph 2 shall cease to have effect;
in paragraph 5, in sub-paragraph (2), the words from “and joint” to “constituent councils” shall cease to have effect; for the words “the local authorities” there shall be substituted the words “such classes of local authority as may be specified in the regulations”; and for the words “each authority” there shall be substituted the words “such authorities as may be so specified”.
In Schedule 1, in Part II—
in paragraph 1, the words from “shall be payable” to “burgh, but” shall cease to have effect;
paragraph 3 shall cease to have effect;
in paragraph 4, in sub-paragraph (1), for the words “county council or town council” there shall be substituted the words “islands or district council”.
for paragraph 5 there shall be substituted the following paragraph:—.
In Schedule 1, in Part III, in paragraphs 2 and 3, for the words “local authority” there shall be substituted the words “rating authority”.
In Schedule 2—
in paragraph 19, in head (a), the words “and, where appropriate, the separately rated areas” shall cease to have effect;
paragraph 22 shall cease to have effect;
in paragraph 27, the definition of “burgh” shall cease to have effect; in the definition of “rating area”, for the words from “of”, where it first occurs, to the end there shall be substituted the words “of an islands council or of a district council”; and the definition of “separately rated area” shall cease to have effect.
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In section 53—
for subsection (5) there shall be substituted the following subsection:—;
for subsection (7) there shall be substituted the following subsection:—
Subject to the provisions of section 124 of this Act and of any other express provision contained in this Act or any Act passed after this Act, an education authority may arrange for the discharge of any of their functions by their education committee, a sub-committee of that committee, . . . . . . . . . , an officer of the authority or by any other education authority in Scotland.
Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by their education committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee, . . . . . . . . . or an officer of the authority.
Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by another education authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—
the foregoing provision shall have effect subject to the terms of any arrangement relating to the functions; and
that other authority shall not, by virtue of this paragraph, arrange for the discharge of those functions by some other education authority.
Any arrangement made by an education authority or education committee under this Schedule for the discharge of any functions by an education committee, sub-committee, . . . . . . , officer or education authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.
An education authority may arrange for the discharge of any of their functions jointly with one or more other education authorities or other local authorities and, where arrangements are in force for them to do so—
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and paragraph 2 above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
No arrangement shall be made by an education authority for the discharge otherwise than by their education committee of any function in regard to the dismissal of teachers.
For the purpose of discharging any functions of an education authority in pursuance of arrangements made under paragraph 5 above an education authority may jointly with one or more other education authorities or other local authorities appoint a joint committee.
For the purpose of discharging any functions of an education authority in pursuance of arrangements made under this Schedule, an education committee or any joint committee appointed under paragraph 7 above may appoint one or more sub-committees.
Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.
A joint committee appointed under paragraph 7 above and a sub-committee appointed under paragraph 8 above may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities, or in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.
At least half of the members appointed to a joint committee appointed under paragraph 7 above shall be members of the appointing authorities.
Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
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In section 6(3) (co-operation with local authorities in social activities, physical education, etc.), for the words " county, town " there shall be substituted the words " regional, islands ".
In section 13 (provision of hostels), the words from "and shall " onwards shall cease to have effect.
In section 18(5) (improvements as to premises, etc.), for the words " county or town" there shall be substituted the words " regional or islands ".
In section 20 (acquisition of land and execution of works), in subsection (1A), paragraph (a) shall cease to have effect, in paragraph (b) for the words " any such use as aforesaid " there shall be substituted the words " use as the site of an educational establishment, or of playing fields to be used in connection with such an establishment, or of an extension to any such establishment or playing fields (whether contiguous to the establishment or playing fields or detached therefrom)", and the words " acquisition or" shall cease to have effect.
Section 23 (co-operation in the performance of functions) shall cease to have effect.
In section 25 (power of education authorities to make payments to persons providing education, etc.), in subsection (1)(c), the words "with the approval of the Secretary of State" shall cease to have effect, and subsection (2) shall cease to have effect.
In section 71 (power to enforce duty, etc.), after the word " Act" there shall be added the words " or of any other enactment relating to education ".
In section 85 (dismissal of teachers), in subsection (2), for the words " a county or town council delegate to their education committee " there shall be substituted the words " an education authority arrange for the exercise by their education committee of " ; and in subsection (4), the words from " and for any sub-committee " to " control of the authority)" shall cease to have effect.
In section 86 (appointment of director of education), in subsection (1), after the words " officer of the authority " there shall be inserted the words " and shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit. "; and the words from " and, on a vacancy " onwards and subsection (2) shall cease to have effect.
Sections 88, 89, 90 and 91 shall cease to have effect.
In section 125 (procedure on re-organisation of educational endowments), in subsection (6), in paragraph (b), for the words " town council of any burgh " there shall be substituted the words " council of any district ", and, in paragraph (d), for the words " burgh or parish " there shall be substituted the word " district ".
In section 145 (general definitions), in paragraph (16), for sub-paragraphs (a), (b) and (c) there shall be substituted the words " a regional or islands council, " ; and the following paragraph shall be inserted at the appropriate place—
Section 130.
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In section 16(5) (provision for failure to carry out duties under overspill agreements or town development schemes), for the words “three hundred and fifty-five of the Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.
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Section 98 (duty of medical officers to furnish particulars of overcrowding) shall cease to have effect.
In section 107 (power to require provision of means of escape from fire), in subsection (2) the words from " who are not" to " another fire authority " shall cease to have effect.
In section 147 (execution of works by local authority in connection with housing operations outside their district), the words "subject to the approval of the Secretary of State" shall cease to have effect.
In section 152 (power of local authority to promote and assist housing associations), at the end there shall be added the following subsection—.
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in subsection (1), after the words "local authority" there shall be inserted the words " or a regional council " and for the words " the authority" there shall be substituted the words " the islands or district council in whose area the accommodation is to be provided ";
in subsection (2), after the words " local authority " there shall be inserted the words " or regional council " and for the words " of their district in relation to housing " there shall be substituted the words " in relation to housing of the islands area or district where the accommodation is to be provided ".
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Section 174 (relaxation of building regulations, etc., in connection with housing operations) shall cease to have effect.
In section 184 (penalty for obstructing execution of Act), the words " the sanitary inspector or " shall cease to have effect.
In section 185(1)(b), the words " the sanitary inspector or " and the words " of such officer or " shall cease to have effect.
In section 193 (power of Secretary of State in event of failure of local authority to exercise power), in subsection (1)(a), in head (i), the word " or " occurring at the end and head (ii) shall cease to have effect.
In section 195 (default powers of Secretary of State in relation to rents)—
in subsections (1), (2) and (4), for the words " 356 of the Local Government (Scotland) Act 1947" and the words " said section 356", wherever they occur, there shall be substituted respectively the words " 211 of the Local Government (Scotland) Act 1973 "and the words " said section 211 " ;
in subsection (7), for the words " 372 of the Local Government (Scotland) Act 1947" there shall be substituted the words " 232 of the Local Government (Scotland) Act 1973 ";
in subsection (8), for the words " 356(1) of the Local Government (Scotland) Act 1947" there shall be substituted the words " 211(1) of the Local Government (Scotland) Act 1973 ".
Section 201 (power to obtain report on area) shall cease to have effect.
In section 208(1) (interpretation), the definitions of "burgh" and " large burgh " shall cease to have effect.
In section 27(1)(a)(ii) (qualifying lenders), for the words “county councils and town” there shall be substituted the words “regional, islands and district”.
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In section 62 (increase of rents of houses belonging to certain authorities without notice of removal)—
in subsection (5), for paragraph (d) there shall be substituted the following paragraph—;
in subsection (6), for the words from " town council" to " combined county" there shall be substituted the words " regional, islands or district council ".
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for the word " 1947" there shall be substituted the word " 1973 ";
for the words from " a burgh " to the end there shall be substituted the words " an islands or district council or any trust under the control of a local authority as defined in the Local Government (Scotland) Act 1973 ".
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In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.), for paragraph (a) there shall be substituted the following paragraph—.
In section 37 (registration areas and rent officers)
for subsection (1) there shall be substituted the following subsection—;
after subsection (1) there shall be inserted the following subsection—
in subsection (2), after the words “local authority” there shall be inserted the words “or local authorities” and the words from “and for the purposes” to the end shall cease to have effect;
after subsection (2) there shall be inserted the following subsection—;
subsection (6) shall cease to have effect.
At the end of section 39 (register of rents) there shall be added the following subsections—.
In section 66(1) (service of notices, etc.) for the reference to section 349 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (1) to (4) and (6) of section 192 of the Local Government .(Scotland) Act 1973.
For section 83 (operation of Part VII) there shall be substituted the following section—
In section 85(1) (contracts) the words from “and which is situated” to the end shall cease to have effect.
At the end of section 89 (register of rents under Part VII contracts) there shall be added the following subsections—
In section 97 (local authorities for Part VII), subsection (1) shall cease to have effect.
In section 133(1) (interpretation)—
“local authority” means an islands council or district council;
“rates” means any charges payable in respect of a rate as defined in the Local Government (Scotland) Act 1947;
In section 3 (interpretation), at the beginning of the definitions there shall be inserted the following—
For section 11 (management and maintenance of highways) there shall be substituted the following section—
In section 41 (list of highways to be made up), for the word "board" there shall be substituted the words " local highway authority ".
In section 42 (highways may cease to be such, and other roads may become highways)—
for the words from the beginning to "recommending the same" there shall be substituted the words " The local highway authority may ";
for the words " county road clerk " there shall be substituted the words " local highway authority ".
For section 45 (provision for footpaths) there shall be substituted the following section—
For section 47 (local authority to have management of roads within burghs) there shall be substituted the following section—
For section 58 (new roads and bridges may be constructed by the board, and assessed for upon proprietors) there shall be substituted the following section—
In section 109 (books of former trustees to be evidence), after the word " whatsoever " there shall be inserted the words " affecting the local highway authority ".
In section 123 (incorporation of parts of General Turnpike Act), for the words from " and in any county " to the end there shall be substituted the words " and, in any region or islands area, shall extend and apply to all the highways made or to be made within such region or area, and, except in so far as inconsistent with the provisions of any general or local Act in force therein, within any former burgh or burghs situated or partly situated within the same ; and in the construction of the aforesaid sections of the said Act, with reference to this Act, the expression ' trustees under any Turnpike Act' or words having the like import, and the expression ' Turnpike Roads' shall mean and apply to the local highway authority and the roads, highways and bridges placed under their management by this Act, as the case may require, in so far as such application shall not be excluded by the context or any of the provisions of this Act. "
In section 124 (recovery and application of penalties), for the words " of the clerk of the trustees, or of the clerk to the burgh local authority " and " the treasurer of the trustees or of the burgh local authority " there shall be substituted the words " the proper officer of the local highway authority ".
In Schedule (C)—
in section LXXXI (penalty on taking away materials provided for repairing turnpike roads), for any reference to turnpike trustees there shall be substituted a reference to local highway authority;
in section LXXXIII (power to use adjoining ground as a temporary road), for any reference to trustees there shall be substituted a reference to local highway authority ;
in section XCI (restriction on the erection of houses on the sides of turnpike road), for any reference to turnpike trustees there shall be substituted a reference to local highway authority and for the word " county " and the words " any one of the turnpike trustees or their clerk " there shall be substituted respectively the words " region or islands area " and the words " the local highway authority " ;
in section XCII (power to water roads), for the words " trustees of any turnpike road " and " said trustees " there shall be substituted the words " local highway authority ";
in section CII (proprietors to fence pits made near the roads), for the words " trustees or procurator fiscal " and the words "any two of the trustees of such road or the procurator fiscal of the shire within which the said pit or cut is situated" there shall be substituted respectively the words " local highway authority and " the local highway authority " ;"
in section CIII (no animal to be pastured on the roads)—
for the words from "any trustee of such road " to " authorised by them " there shall be substituted the words " the local highway authority or their proper officer ";
for the words " surveyor or other person ", wherever they occur, there shall be substituted the words " proper officer ";
in section CV (gates to open inwards)—
for the words "trustees of any turnpike road " there shall be substituted the words " local highway authority ";
for the words " their surveyor " and the words " the surveyor" there shall be substituted the words " the proper officer of the local highway authority ";
in section CVI (weeds to be cut by trustees)—
for the words " trustees of every turnpike road " and " said trustees" there shall be substituted the words " local highway authority ";
for the words " their clerk or surveyor " there shall be substituted the words " the local highway authority ".
Section 16 (transfer of powers of county road trustees) shall cease to have effect.
Section 41 (savings) shall cease to have effect.
The whole Act shall cease to have effect.
In section 4 (agreements for construction of new roads)—
for the words from " road board of a county " to " adjoining county " there shall be substituted the words " local highway authority enter into an agreement with another local highway authority ";
for the words " latter county" and " former county", wherever they occur, there shall be substituted respectively the words " area of the latter authority " and " area of the former authority ".
In section 2 (interpretation) for the words from " Scotland " to " thereof" there shall be substituted the words " Scotland the expression ' local highway authority' means the regional or islands council ".
In section 3 (removal of barbed wire where nuisance to highway)
in subsection (1), for the words "the county or district of a local authority " and " such local" there shall be substituted respectively the words " a region or islands area " and " the local highway " ;
in subsection (2), for the words " local authority " wherever they occur there shall be substituted the words " local highway authority ".
In section 4 (proceedings where local authority is occupier of the land) for the words " local authority " wherever they occur, and " district of the local authority " there shall be substituted respectively the words " local highway authority " and " region or islands area ".
In section 29 (maintenance of public ways) for the words " parish council " wherever they occur and the word " parish " there shall be substituted respectively the words " local highway authority " and " region or islands area ".
For section 10(2) (provision as to construction of new roads by highway authorities) there shall be substituted the following subsection—
In section 16 (application to Scotland)
for the words " county council or a town council " there shall be substituted the words " regional or islands council ";
the words from " References to a county" to " respective powers and duties " shall cease to have effect.
For any reference in the Act to county council or other highway authority there shall be substituted a reference to local highway authority.
In section 6(2) (power to conduct experiments), for the words from " authority or person " to the end there shall be substituted the words " local highway authority ".
In section 7 (joint exercise of powers), the words " between any of them respectively " shall cease to have effect.
Section 8 (expenses) shall cease to have effect.
In section 12 (application to Scotland)—
in paragraph (b), for the words from " county council" to the end there shall be substituted the words " regional or islands council ";
in paragraph (d), for the words from " county ", where it first occurs, to " burgh " there shall be substituted the words " local highway authority in any highway or in any land forming part thereof unless the local highway authority for the area ";
in paragraph (e), for the words from " within a burgh " to the end there shall be substituted the words " within the area of a local authority shall not be served without the consent of such authority, and a building line affecting land within any such area shall not be prescribed by a local highway authority without the consent of the said local authority. "
The whole Act shall cease to have effect.
In section 15 (application to Scotland), in paragraph (a), for the words from " county " to " burgh " there shall be substituted the words " regional or islands council ".
before paragraph (c) there shall be inserted the following paragraph—;
for paragraph (e) there shall be substituted the following paragraphs—;
at the end there shall be added the following paragraphs—
In section 119 (special provisions as to Scotland)—
in subsection (3), for the words “county or town council” there shall be substituted the words “local highway authority” ;
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Section 23 (power of county councils to light roads) shall cease to have effect.
In section 25(3) (application to Scotland), for the words " county or town" there shall be substituted the words " regional or islands ".
In section 3(2) (general provisions as to functions with respect to trunk roads)—
in paragraph (b), the words from " shall not" to " aforesaid " shall cease to have effect;
in paragraph (c), the words "shall not be exercisable by a county council in any borough or urban district and " shall cease to have effect.
In section 5 (delegation of roads functions to local authorities) in subsections (2) and (3), for the word " council ", wherever it occurs, there shall be substituted the words " local highway authority ".
In section 6 (miscellaneous provisions as to functions in connection with trunk roads), for any reference to a county council, council, or council of any county or large burgh there shall be substituted a reference to a local highway authority.
In section 7(5) (transfer of property and liabilities), for the word " council" there shall be substituted the words " local highway authority ".
In section 12 (application to Scotland)—
in subsection (2)(a), for the words " large burgh as defined in the Local Government (Scotland) Act 1929 " there shall be substituted the words " local highway authority " and in the proviso, the words " subsection (2) of section 3 and " shall cease to have effect and for the word " burgh " there shall be substituted the words " regional or district council ";
in subsection (2)(b), for the words from " the maintenance " to " 1929 " there shall be substituted the words " which the local highway authority ";
in subsection (2)(c), for the words " county or town council " there shall be substituted the words " local highway authority ";
in subsection (5), for the words " town council" there shall be substituted the words " local authority ";
in subsection (8), for any reference to a local authority there shall be substituted a reference to a local highway authority ;
in subsection (9), for the words "council of the county or large burgh " there shall be substituted the words " regional council for the area " and the proviso shall cease to have effect;
in subsection (10), for the substituted subsection (1) there shall be substituted the following subsection—;
for subsection (12) there shall be substituted the following subsection—
In section 13(1) (interpretation), in the definition of "former highway authority", for the word " council", wherever it occurs, there shall be substituted the words " local highway authority ".
In section 14 (application to Scotland)—
in subsection (3) for the words " large burgh " there shall be substituted the words " region or islands area ";
for subsection (4) there shall be substituted the following subsection—;
in subsection (6) for the words from " county borough " to the end of the subsection there shall be substituted the words " every county " to the end of the paragraph there were substituted the words " every region, islands area or district in which any road to which the order applies is situated. ".
In section 7(1) (interpretation), in the definition of “local authority” for the words from “county” to the end there shall be substituted the words “regional, islands or district council”.
In section 3 (supplementary orders relating to special roads), in subsections (1)(e) and (4)(c), for the words " local authority", wherever they occur, there shall be substituted the words " regional council ".
In section 21(1) (interpretation)—
the definition of " large burgh " shall cease to have effect;
for the definition of " local authority " there shall be substituted the following definition—.
In Schedule 1 (provisions as to schemes and orders)—
in paragraphs 2(a) and 8(b), for the words " county, burgh " there shall be substituted the words " region, islands area ";
in paragraph 5 for the words " (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947" there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".
In section 1(8)(b) (provision of cattle grids and by-passes), for sub-paragraphs (i), (ii) and (iii) there shall be substituted the words " shall be the regional or islands council for the area in which the road lies ".
Section 16(4) (financial provisions) shall cease to have effect.
In section 17(1) (interpretation), in the definition of " highway authority " for the words from " council of a county " to the end there shall be substituted the words " regional or islands council ".
In paragraph 3(8) of the Schedule (procedure for determination by appropriate authority of certain questions), for the words " subsections (2) to (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947" there shall be substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ".
in subsection (2)—
for the definition of " appropriate local authority " there shall be substituted the following definition—;
for the words "not vested in a local authority" there shall be substituted the words " not vested in a regional or islands council ";
for the words " town council" and " district council" there shall be substituted the words " regional or islands council ";
at the end there shall be added the words " for any reference to a county council there shall be substituted a reference to a regional or islands council. ";
in subsection (3), for the words " county or town council" there shall be substituted the words " regional or islands council ";
in subsection (14), for the words " local authority " there shall be substituted the words " regional or islands council ".
In section 257(1) (general interpretation provisions), in the definition of " highway authority" for the words from " county council " to " therein " there shall be substituted the words " regional or islands council ".
Section 28(5) (road grants and classifications) shall cease to have effect.
in subsection (1), for the words " lighting authority " there shall be substituted the words " regional or islands council ";
subsections (3) and (4) shall cease to have effect.
Section 31 (delegation of lighting functions of highway authority) shall cease to have effect.
In section 33 (special provisions as to footway lighting systems)—
subsection (2) shall cease to have effect;
for subsection (3) there shall be substituted the following subsection—
In section 5(1) (certain councils may make orders under sections 1 and 28 for purpose of general scheme of traffic control), for the words " county council or town council" there shall be substituted the words " local highway authority ".
In section 15(8)(b) (regulation of use of highways by public service vehicles), for the words from "in a burgh" to the end there shall be substituted the words " a regional or islands council ".
In section 20(8) (removal of vehicles illegally, obstructively or dangerously parked, abandoned or broken down) as set out in Schedule 1 to the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967, in the definition of "local authority", for the words "county council or town council of a burgh" there shall be substituted the words " local highway authority ".
in subsection (1), for the words "their district" there shall be substituted the words " the whole or part of their area ";
subsections (2) and (7) shall cease to have effect;
in subsection (6), in paragraph (b), for the words from "council of a county" to the end of the paragraph there shall be substituted the words " local highway authority " , and the words from " and in relation to " to the end of the subsection shall cease to have effect.
In section 26(9) (power of local authorities to prohibit traffic on roads to be used as playgrounds), for the words from " as regards roads" to the end there shall be substituted the words " by the local highway authority ".
In section 28 (power of local authorities to provide parking places), in subsection (6)(a), for the words " county council or town council" there shall be substituted the words " local highway authority ".
In section 35 (provision on highways of parking places where charge is made), in subsection (4), for the words "county council or town council" there shall be substituted the words " local highway authority ".
In section 69 (bollards and other obstructions on roads outside Greater London)—
in subsections (1) and (3), for the words " authority who made the order" there shall be substituted the words " local highway authority ";
in subsection (3), the words from " but, where " to the end shall cease to have effect.
In section 76 (provisions supplementary to sections 71 to 75)—
in subsection (2)(b), for the words from " county " to the end there shall be substituted the words " local highway authority ";
subsection (3) shall cease to have effect.
In section 104(1) (general interpretation provisions), in the definition of " highway authority", for the words " county council or the town council of a burgh " there shall be substituted the words " regional or islands council ".
Section 105 (effect of certain references to Scottish local authorities) shall cease to have effect
In section 124(4) (Board’s obligations at level crossings with roads other than public carriage roads), for the words “county council and a town” there shall be substituted the words “regional or islands”.
In section 4(1)(d) (power of local authority to contribute to street works), the words " in special scavenging districts " shall cease to have effect.
In section 28(3) (use of appliances, etc., on footways and footpaths), the definition of " local authority " shall cease to have effect.
In section 50(1) (interpretation)—
in the definition of " highway authority ", for the words from " county " to " therein " there shall be substituted the words " regional or islands council ";
in the definition of " local authority ", for the words " town council or a county " there shall be substituted the words " regional or islands ";
in the definition of " local highway authority ", for the words "highway authority other than the Secretary of State" there shall be substituted the words " regional or islands council ".
In section 21(8) (badges for display on motor vehicles used by disabled persons), for the words “county or large burgh” there shall be substituted the words “region or islands area”.
In section 35(5)(b) (control of use of footpaths and bridleways for motor vehicle trials), for the words “county council or town” there shall be substituted the words “regional or islands”.
In section 38(5)(b) (powers of Secretary of State and local authorities as to giving road safety information and training), for the words “county council or town” there shall be substituted the words “regional or islands”.
In section 43 (test of satisfactory condition of vehicles other than goods vehicles to which section 45 applies), in subsection (3), for the word “county” there shall be substituted the words “regional or islands area” and the words “or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947)” shall cease to have effect.
Section 197 (effect of certain references to Scottish local authorities) shall cease to have effect.
In section 242(1) (contributions by local authorities), for the words “local authorities” and “local authority”, where that expression first occurs, there shall be substituted respectively the words “regional or islands councils” and “regional or islands council”, and for the words “district of the local authority” there shall be substituted the words “region or islands area”.
Section 134.
For any reference to a buildings authority there shall be substituted a reference to a local authority.
Section 1 (constitution of buildings authorities) shall cease to have effect.
In section 2 (general provisions relating to buildings authorities)—
subsections (1) to (3) shall cease to have effect;
for subsection (4) there shall be substituted the following subsection—.
In section 4 (relaxation of building standards regulations), in the proviso to subsection (2) for the words from “shall” to the end there shall be substituted the words “may except applications of any description”.
In section 6 (application of building standards regulations and building operations regulations to construction or demolition, and to change of use, of buildings) subsection (8)(a) and, in subsection(9), the words “or (b) by a local authority to demolish any building” shall cease to have effect.
Section 7 (minor works) shall cease to have effect.
In section 8 (occupation of parts of roads for deposit of materials etc.) subsection (3) shall cease to have effect.
In section 9 (certificates of completion) subsections (7) and (8) shall cease to have effect.
In section 10 (powers in relation to buildings constructed without warrant or in contravention of conditions of warrant, and buildings whose life has expired)—
for any reference to a master of works there shall be substituted a reference to a local authority;
in subsection (2), for the words “buildings authority may authorise the local authority to” there shall be substituted the words “local authority may” and the words “and the local authority shall thereupon be entitled to act accordingly” shall cease to have effect.
In section 13 (action to be taken in respect of buildings found to be dangerous)—
in subsection (1) for any reference to a master of works there shall be substituted a reference to a local authority;
in subsection (2) for the words after “that paragraph” there shall be substituted the words “the local authority, after giving the owner and any other person appearing to them to have an interest an opportunity to be heard, may make an order requiring the owner to execute the said operation within such period as shall be stated in the order.”;
for subsection (4) there shall be substituted the following subsection—;
in subsection (5) for the words from “or a” to “his functions” there shall be substituted the words “in executing their functions”.
In section 14 (power of local authorities to sell materials from demolished buildings) for the words from “master of works” to “authority may” there shall be substituted the words “local authority acting under section 13(1)(b) or (4) of this Act, they may”.
In section 18 (inspection and tests)—
in subsection (1)—
for the words between “this section” and “on exhibiting” there shall be substituted the words “any person authorised in writing by a local authority”,
in paragraphs (c) and (d) for the words “master of works” there shall be substituted the words “local authority”,
for paragraph (e) there shall be substituted the following paragraphs—;
subsection (2) shall cease to have effect;
in subsection (3) for the words “thereof, or by virtue of subsection (2) of this section” there shall be substituted the words “(e) or (f) thereof”;
in subsection (4) the words “the buildings authority or” where they first occur and the words “or (2)” shall cease to have effect, and for the words “buildings authority or local authority as the case may be” there shall be substituted the words “local authority”;
in subsection (7) the words “or subsection (2)” shall cease to have effect;
Provided that the local authority, on application made to them, may if they think fit meet the expense of carrying out any such test as aforesaid or any part of that expense.
Section 20(2) (fees chargeable by buildings authorities) shall cease to have effect.
Section 21 (provisions as to master of works) shall to have effect.
In section 23 (inquiries) for subsection (2) there shall be substituted the following subsection—
In section 25 (service of notices etc.)—
in subsection (1) for the words “three hundred and forty nine of the Local Government (Scotland) Act 1947” there shall be substituted the words “192 of the Local Government (Scotland) Act 1973”;
in subsections (2) and (3) the words “a buildings authority or” shall cease to have effect.
Section 27 and Schedule 8 (transitional provisions) shall cease to have effect.
In section 29 (interpretation)—
“local authority” means the council of an islands area or district, except that in the case of a district situated within the Highland, Borders or Dumfries and Galloway region it means the council of that region;
in subsection (4) for the words “a county council or a town council” there shall be substituted the words “or a local highway authority” ;
subsections (6) and (7) shall cease to have effect;
in subsection (8) the words “two or more buildings authorities or” and the words “such one of those buildings authorities or, as the case may be” shall cease to have effect;
subsection (9) shall cease to have effect.
In section 30(1) (local Act provisions), the proviso shall cease to have effect.
Schedule 1 (enactments relating to dean of guild court functions unaffected by the Act of 1959) shall cease to have effect.
Schedule 2 (provisions relating to buildings authorities which are not dean of guild courts) shall cease to have effect.
In Schedule 6 (recovery of expenses by charging order) in paragraph 1 the words “or a master of works” shall cease to have effect.
In Schedule 7 (evacuation of dangerous buildings)—
for the second reference to the master of works in paragraph 2 and for the reference to the master of works in paragraph 3 there shall be substituted a reference to the proper officer of the local authority;
for any other reference to a master of works there shall be substituted a reference to a local authority.
In Schedule 9 (minor and consequential amendments) paragraphs 2 and 3 shall cease to have effect.
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in subsection (1) for the words "buildings authority (within the meaning of the Building (Scotland) Act 1959)" and " buildings authority " there shall be substituted the words " local authority ";
at the end there shall be added the following subsection—
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In the Thermal Insulation (Industrial Buildings) Act 1957—
in section 12(2) (application to Scotland) for the words from “in a burgh” to the end there shall be substituted the words “the local authority within the meaning of the Building (Scotland) Act 1959”;
in sections 2 and 3(1) (as set out in their application to Scotland in sub-paragraphs (1) and (2) respectively of paragraph 6 of Schedule 9 to the Building (Scotland) Act 1959), for the words “buildings authority” there shall be substituted the words “local authority”;
in section 4(3) (as set out in its application to Scotland in subsection (5) of section 12 and as amended by subparagraph (3) of paragraph 6 of the said Schedule 9), for the reference to the dean of guild court and a buildings authority there shall be substituted a reference to the local authority and the words “or, as the case may be, the plans of the building were approved by the local authority” shall cease to have effect;
in section 8(1) (as set out in its application to Scotland in subsection (8) of section 12), for the words from “sections three hundred” to “1947” there shall be substituted the words “sections 192 and 193 of, and paragraph 7 of Schedule 7 to, the Local Government (Scotland) Act 1973”.
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in subsection (1)(ii), for the word " buildings " there shall be substituted the word " local " , and the words " section 1 of" shall cease to have effect;
in subsection (2), the words " or buildings authority " shall cease to have effect.
Section 135.
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In section 18(3) (provision of information), for the words from “fees” to the end there shall be substituted the words “reasonable fees as may be determined by the river purification authority”.
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Section 148.
Notwithstanding any other provision of this Act or any order made thereunder, any reference in any enactment, order, scheme, regulations, awards or byelaws passed or made before the coming into force of this Act— If there is any doubt as to the identity of the water authority referred to in sub-paragraph (1)(b) above, that authority shall be taken to be such authority as may be specified in a direction given by the Secretary of State.
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In section 12 (compensation for damage resulting from exercise of powers)—
in subsection (1), for the words " local authority " and " the authority " there shall be substituted respectively the words " district council " and " them " ;
in subsection (3), the words " against an authority " and " to the authority " shall cease to have effect.
In section 23 (power of local authority to give guarantee for supply of water), for the words " local authority " and the word " district" there shall be substituted respectively the words " water authority within the meaning of section 148 of the Local Government (Scotland) Act 1973 " and the words " limits of supply ".
In section 29 (power of local authority to provide public wells, fountains, etc.)—
in subsection (1), for the words " local authority " there shall be substituted the words " district council " and after the word " region" there shall be inserted the words " or area ";
in subsection (2), for the words " A local authority " there shall be substituted the words " An islands or district council ", after the word " their " there shall be inserted the words " area or " and, in the proviso, for the words " the authority " there shall be substituted the words " the council ".
In section 30 (power to close or restrict use of water from public wells, etc.), for the words " local authority " there shall be substituted the words " district council ", and after the word " region " there shall be inserted the words " or area ".
In section 31 (power to close or restrict use of water from polluted source of supply), for any reference to a local authority there shall be substituted a reference to an islands or district council and after the word " their " there shall be inserted the words " area or ".
In section 54 (provision of supply of water to other houses), fpr any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 55 (power of local authority to grant or make charging order for expenses of executing works), for any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 56 (recovery of expenses from owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 57 (limitation of liability of certain owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.
In section 58 (agreements as to drainage, etc., of land),—
in subsection (1), at the beginning there shall be inserted;
in subsection (3), for the words " local authority" and " that authority " there shall be substituted respectively the words " regional or islands council " and " that council ".
In section 61 (byelaws for preventing pollution of water), for any reference to the local authority of the district or the local authority of the district or county there shall be substituted a reference to the regional, islands or district council.
In section 78 (notices, etc., to be in writing), for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.
In section 84(1) (interpretation), after the definition of " supply pipe " there shall be inserted the following definition—.
In Schedule 1 (procedure for making orders and making and confirming byelaws)—
in paragraph 2(i), for the words " local authority of every district " there shall be substituted the words " water authority, regional council, district council and water development board for every area " and in paragraph 2(ii), at the end there shall be added the words " and in the case of an order under section 21(2), where the river purification authority within whose area the stream affected is situated are not the same authority as the applicants, on that authority ";
in paragraph 11(i), for the words "local authority of every district" there shall be substituted the words " water authority, regional council, district council and water development board for every area ";
in paragraph 11(ii), after the word "transferred " there shall be inserted the words " where the river purification authority are not the same authority as the water authority ";
in paragraph 19, for the words "local authority of any district" there shall be substituted the words " water authority, regional council, district council and water development board for any area " and after the word " acquired " there shall be inserted the words " and where the river purification authority within whose area the stream affected is situated are not the same authority as the water authority, to that authority ".
In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 5(1) and (2) and paragraph 24(2) for the words "local authority", wherever they occur, there shall be substituted the words " regional, islands or district council "and the word " authority" or " authorities" shall be construed accordingly.
In section 1 (levy of rates in respect of expenditure on water supply)—
for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;
for any reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate.
In section 2 (provisions as to liability for domestic water rate), for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area, and subsection (2)(b) shall cease to have effect.
In section 4 (levy of domestic water rate on business and commercial premises), in the proviso to subsection (1), for the words " the fifteenth day of July in any year " there shall be substituted the words " such date in any year as may be prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973 ".
In section 8(1) (contributions by county council in aid of domestic water rate)—
for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;
for the reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate ;
for the words from " the amount requisitioned " to the end there shall be substituted the words " one-third of the said expenditure. ".
Section 14 (adoption in counties of the House Letting and Rating (Scotland) Act 1911) shall cease to have effect.
In section 19 (domestic water rate not payable or payable at reduced rate in certain cases), in the proviso to subsection (2), for the references to the district of the local authority there shall be substituted references to the region or islands area.
In section 20(1) (provisions as to levying of, and exemption from, rates), after the word " requisitions)" there shall be inserted the words " and Part VII of the Local Government (Scotland) Act 1973 ".
In section 23(1) (compulsory acquisition of land for construction of waterworks), after the word " authorise ", there shall be inserted the words " an authority or ".
In section 28 (termination of right to supply of water on special terms), in subsections (4) and (6), for any reference to a local authority there shall be substituted a reference to a district council.
In paragraph 1(1) of Schedule 1 (procedure for making orders), in the table, for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.
Section 1 (establishment of regional water boards) shall cease to have effect.
Section 2 (transfer to regional water boards of functions of local water authorities) shall cease to have effect.
In section 3 (Central Scotland Water Development Board), for subsection (2) there shall be substituted the following subsection—.
In section 4(2) (transfer to Central Board of functions of certain joint water boards, and other functions of the Board), for the words " of the regional" to the end there shall be substituted the words " water authorities whose limits of supply are comprised in the area of the Board. ".
In section 5 (establishment of new regional water boards and water development boards, and alteration of regions and areas), subsection (1)(a), in subsection (1)(c) the words " any region, or " and subsection (3) so far as relating to new regional water boards, shall cease to have effect and after subsection (1)(c) there shall be inserted the following paragraph—.
In section 6 (maps of regions), in subsection (1), for the words from the beginning to " their region " there shall be substituted the words " The Secretary of State shall, as soon as practicable after the coming into force of the Local Government (Scotland) Act 1973, send to any water authority whose limits of supply include an area specified in column 1 of the table set out at the end of section 148(3) of that Act, and to any water authority whose limits of supply would include such an area but for the said subsection (3), a map of that area ".
Section 8 (constitution of regional water boards) shall cease to have effect.
In section 10 (accounts and audit)—
subsections (1), (2), (4) and (5) shall cease to have effect;
in subsection (3), for the words " such board " there shall be substituted the words " water development board ".
For section 11 (estimates and requisitions) there shall be substituted the following section—.
In section 12 (calculation of amount to be requisitioned by regional water boards)—
for any reference to a district there shall be substituted a reference to a region ;
in subsection (1), for the words from "11(2)" to "that account" there shall be substituted the words " 11(1) of this Act, the aggregate amount referred to in that subsection for any financial year shall be the sum by which the estimated expenditure of the water authority in the exercise of any of their functions under any enactment in relation to water supply and chargeable to the revenue account of their general fund exceeds the estimated income pertaining thereto, but excluding from such expenditure any amount payable by way of requisition to another water authority and from such income any amount receivable by way of rates or requisition ";
in subsections (2) and (3), for the words "that authority bears " and " all such authorities " there shall be substituted respectively the words " the contributing authority bears " and "the authority making the requisition and of all such contributing authorities " ;
in subsection (2)(b), for head (i) there shall be substituted the following—.
In section 13 (calculation of amount to be requisitioned by water development boards), for the words from " and for the purposes " to the end there shall be substituted the words " and such aggregate amount shall be the sum by which the estimated expenditure of the water development board chargeable to the revenue account of their general fund exceeds the estimated income of that account, and there shall be added to or, as the case may be, deducted from that sum any sum required to be brought forward either as a debit or as a credit from a previous financial year ".
In section 17 (borrowing powers), for the word " county" there shall be substituted the word " regional " , and section 17 shall cease to have effect so far as it relates to regional water boards.
Part III (transfer of undertakings of local water authorities) shall cease to have effect
For section 26 (provision of services for the boards) there shall be substituted the following section—.
Section 28 (agreements not to be entered into between first and second appointed days by the local water authority without the consent of the regional water board or of the waiter development board) shall cease to have effect.
Section 29 (power of regional water boards and water development boards to promote or oppose private legislation) so far as relating to regional water boards, shall cease to have effect.
In section 32 (repeal, amendment and adaptation of local enactments)—
for subsection (1) there shall be substituted the following subsection—;
at the end there shall be added the following subsection—.
In section 33 (regulations and orders), in subsection (4), the words " all local authorities whose districts are affected by the order and ", and paragraph (a) shall cease to have effect, for the words " so affected " there shall be substituted the words " affected by the order " and at the end of paragraph (b) there shall be added the words or.
In section 34(1) (interpretation)—
the following shall cease to have effect—
the definition of " constituent council " ;
in the definition of " first appointed day", the words " 1(4)(a) or " ;
the definition of " local authority " ; '
the definitions of " region " and " regional water board ";
in the definition of " second appointed day ", the words " 1(4)(b) or " ;
in the definition of " contributing authority ", for the word " 11(6) " there shall be substituted the word " 11(4) ".
Part I of Schedule 1 (regional water boards) shall cease to have effect.
For Part II of Schedule 1 there shall be substituted the following Part—.
In Schedule 3 (procedure for making an order under section 5), in paragraph 2, for the reference to a local authority there shall be substituted a reference to a water authority.
Schedule 4 (provisions as to regional water boards and water development boards) so far as relating to regional water boards shall cease to have effect, and so far as relating to water development boards shall have effect subject to the following paragraphs of this Schedule.
Provided that the members of the Central Scotland Water Development Board who are in office immediately before 15th May 1975 shall vacate office on that day, and that board shall be reconstituted on 16th May 1975 and 1st July 1978 and thereafter quadrennially.
In paragraph 3, for the word " clerk " there shall be substituted the words " proper officer ".
In paragraph 5, in sub-paragraph (1), for the words "under this paragraph of a new member" there shall be substituted the words " of a new member by the constituent water authority by whom the vacating member was appointed. " and sub-paragraphs (2) and (3) shall cease to have effect.
In paragraph 10, the word " triennial" shall cease to have effect and for the word " clerk " there shall be substituted the words " proper officer ".
In paragraph 16, for the words " section 73 of the Local Government (Scotland) Act 1947" there shall be substituted the words " sections 38 to 42 of the Local Government (Scotland) Act 1973 ".
In paragraph 18, for the words " section 342 of the Local Government (Scotland) Act 1947" there shall be substituted the words " section 194 of the Local Government (Scotland) Act 1973 " and the word " county ", wherever it occurs, shall cease to have effect.
Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
For paragraphs 20 to 23 there shall be substituted the following paragraph—.
In paragraph 24, for the words from " section 97 " to " 1947 " there shall be substituted the words " sections 66 (security to be taken in relation to officers), 67 (members of local authorities not to be appointed as officers) and 68 (disclosure by officers of interest in contracts) of the Local Government (Scotland) Act 1973 ".
Paragraph 25 shall cease to have effect.
For paragraph 28 there shall be substituted the following paragraph—.
At the end of paragraph 29 there shall be added the words " and ' proper officer', in relation to any purpose and any board, means an officer appointed for that purpose by that board ".
In the Water Act 1973 any reference to a regional water board shall be construed as a reference to water authority.
Section 150.
In section 9 (Passenger Transport Areas, Authorities and Executives), the following amendments shall be made—
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in subsection (2), for the words from " every such " to " so designated" there shall be substituted the words " the regional council within whose region the area designated by the order is situated and with each of the district councils in that region " and sub-paragraph (i) shall be omitted ;
in subsection (3), for the words " constituent areas " there shall be substituted the words " regions or districts whose area falls wholly or partly within the designated area ";
in subsection (4), for the words " Parts I and " there shall be substituted the word " Part ";
in subsection (5), for the words “constituent areas” there shall be substituted the words “each of the districts comprised in the region in which the designated area is situated”;
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In section 10 (powers of Executive), the following amendments shall be made—
in subsection (1)(xvi), the words “and the consent of the Minister” shall cease to have effect;
for the word “county”, in both places where it occurs, there shall be substituted the word “region”.
In section 11 (financial duty of Passenger Transport Executives) in subsection (1), for the words “section 13(3)” there shall be substituted the words “section 13(2)” and after subsection (3) there shall be inserted the following subsection:—
Section 11(4) shall cease to have effect.
For section 13 there shall be substituted the following section—.
In section 14 (accounts of Executive), the following amendments shall be made—
in subsection (1)(b), for the word “Minister” there shall be substituted the word “Authority”;
in subsection (3), after the word “Minister” there shall be inserted the word “and” and the words “and to each of the councils of constituent areas” shall be omitted.
In section 15 (further functions of Authority), the following amendments shall be made—
in subsection (1), for paragraphs (b) and (c) there shall be substituted the following paragraphs:—.
in subsection (2), for the words from “to be raised” to “of this Act” there shall be substituted the words “of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act”.
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After section 15 there shall be inserted the following section:—.
In section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words “as the Minister may direct” there shall be substituted the words “as the Authority consider appropriate” and in the said section 16, in subsection (2), the words from “and (d)” onwards, and subsections (3), (4) and (5) shall cease to have effect.
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in subsection (1), the words "to the Minister and" shall cease to have effect;
in subsection (2), the words " to the Minister and " shall cease to have effect.
In section 21 (functions of traffic commissioners in designated areas), subsection (5)(a) shall cease to have effect.
In section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word “Minister” there shall be inserted the words “or an Authority for a designated area”.
In section 26(1)(b) (powers of Scottish Group), for the words from “counties” onwards there shall be substituted the words “Highland region, the islands areas of Orkney, Shetland and the Western Isles, the Argyll district and in the Cunninghame district the former burgh of Millport and the former districts of Arran and Cumbrae.”.
For section 34 there shall be substituted the following section—.
In section 35(1)(b)(iv), for the words “county or town” there shall be substituted the words “regional, islands or district”.
In section 56(6)(d), for the words “county, town or district” there shall be substituted the words “regional or islands”.
Section 58 shall be omitted.
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For section 115(3) there shall be substituted the following subsection—.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Part II of that Schedule, in paragraph 1, for the words “establishment of that Authority” there shall be substituted the words “area has been designated”, and in paragraph 2, for the words “any of the councils of constituent areas”, in each place where they occur, there shall be substituted the words “the regional council for the designated area”. In Part III of that Schedule, in paragraph 1, for the words “dates on which the Authority and Executive respectively are”, there shall be substituted the words “date on which the Executive is”; and there shall be omitted from the remainder of that Part of that Schedule—
In section 26(2), for the words from “to the county” onwards there shall be substituted the words “to a regional, islands or district council”.
In section 108(1), in the definition of “district”, for the words from “county” onwards there shall be substituted the words “region or islands area”.
In section 109(a), for the words “the Town Council of a burgh” there shall be substituted the words “a regional or islands council”.
In section 6(1)(c) (revision of charges by independent harbour undertakings), for the words from “or an undertaking” to “applies” there shall be substituted the words “or a ferry undertaking which is operated by or on behalf of a Passenger Transport Executive or a regional or islands council or two or more such councils acting in combination”.
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In section 4(b), for the words "burgh fund" there shall be substituted the words " general fund of the authority ".
In section 7(1), in the definition of “local authority”, for the words “county” onwards there shall be substituted the words “regional, islands or district council”.
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in paragraph (b), for the words " councils of the counties" there shall be substituted the words " regional or islands councils ";
in paragraph (c), for the words from " councils" to " districts " there shall be substituted the words " district councils ".
In section 135(2), for the words " county or town " there shall be substituted the words " regional, islands or district ".
In section 135(7), for the words " county and town" there shall be substituted the words " regional, islands and district ".
In section 136(2), for the words " county and town " there shall be substituted the words " regional, islands and district ".
In section 143, the following amendments shall be made:—
in subsection 2(a), for the words " county or town " there shall be substituted the words " regional, islands or district ";
in subsection (3), for the words " county or town " there shall be substituted the words " regional, islands or district ".
In section 149(5), for the words from " a county " onwards there shall be substituted the words " a regional, islands or district council and for any reference to the council of a county borough or county district there shall be substituted a reference to such an authority ".
In section 156(4), for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.
Section 154
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In section 7 (correction of errors), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the regional or islands council within whose area the lands are situated”.
In section 8 (works not to proceed unless plans deposited), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the council of any region or islands area” and for the words “royal burghs” there shall be substituted the words “areas of such councils”.
In section 9 (receipt and inspection of plan), for the words “schoolmasters and town clerks” there shall be substituted the words “and proper officers”.
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in paragraph (1)3, for the words from " names " to " places " there shall be substituted the words " name of the place and of the area of the regional or islands council ";
in paragraph (3), the words "city, town or", where first occurring, shall cease to have effect, for the words from " in the county in " to " town or " there shall be substituted the words " or circulating in the area of the regional or islands council in which such " , and the words from " or if there be none " onwards shall cease to have effect.
In section 10 (definitions), in the definition of “congested district”, for the words from “any crofting”, onwards there shall be substituted the words “any place within the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.
For section 1(2) (transfer of harbours to local authorities), there shall be substituted the following subsection:—
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in paragraph (i)(a), for the words from the beginning to " which " there shall be substituted the words " the regional or islands council in whose area ";
in paragraph (i)(b), for the words " county or burgh " there shall be substituted the word " area ".
In section 7(1)(b) (minor works), for the words from “any of” to “therein” there shall be substituted the words “the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.
For section 18 (responsibility for deficiency), there shall be subtituted the following section:—
In section 21 (borrowing), the following amendments shall be made—
in subsection (1), for the words “county or town council” there shall be substituted the words “local authority”;
in subsection (3), for the words “county or town council” there shall be substituted the words “local authority”.
In section 31(1) (interpretation), in the definition of “harbour authority”, for the words “pier or ferry” there shall be substituted the words “or pier” and, in the definition of “local authority”, for the words “county or a town” there shall be substituted the words “regional or islands”.
For Schedule 3 there shall be substituted the following Schedule:—
In section 5 (interpretation), in the definition of “Highlands and Islands” for the word “counties” there shall be substituted the word “areas” and the words from “inclusive” onwards shall cease to have effect.
For the Schedule there sball be substituted the following Schedule:—
In section 57(1) (interpretation), in the definition of “marine work”, the following amendments shall be made—
for the words from “means” to “1937” there shall be substituted the words “means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group)”;
in paragraph (b), for the words from “counties” to “Zetland” there shall be substituted the following words “areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute” and for the word “counties” where second occurring, there shall be substituted the word “areas”.
Subject to the provisions of section 161 of this Act and of any other express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their social work functions by their social work committee, a sub-committee of that committee, an officer of the authority or by any other local authority in Scotland.
Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by their social work committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority.
Where by virtue of this Schedule or any other enactment any social work functions of a local authority may be discharged by another local authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—
the foregoing provision shall have effect subject to the terms of any arrangement relating to the functions; and
that other authority shall not, by virtue of this paragraph, arrange for the discharge of those functions by some other local authority.
Any arrangement made by a local authority or by a social work committee under this Schedule for the discharge of any functions by a social work committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.
A local authority may arrange for the discharge of any of their social work functions jointly with one or more other local authorities and, where arrangements are in force for them to do so—
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and paragraph 2 above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
For the purpose of discharging any functions of a local authority in pursuance of arrangements made under paragraph 5 above, a local authority may jointly with one or more other local authorities appoint a joint committee.
For the purpose of discharging any functions of a local authority in pursuance of arrangements made under this Schedule, a social work committee or any joint committee appointed under paragraph 6 above may appoint one or more sub-committees.
Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.
A joint committee appointed under paragraph 6 above and a sub-committee appointed under paragraph 7 above, may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities or, in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.
At least two-thirds of the members appointed to a joint committee appointed under paragraph 6 above shall be members of the appointing authorities.
Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.
Section 163.
The whole Act shall cease to have effect except sections 1, 2, 3, 10, 21, 22, 24, 28, 31 and 32 which shall have effect subject to amendments thereto set out in the following provisions of this Schedule.
For section 2 (definitions) there shall be substituted the following section—.
In section 10 (lands, etc., may be purchased or rented)—
for the words “magistrates and council or board” there shall be substituted the words “library authority or museum and art gallery authority”;
for the words “schools for science, art galleries, and schools for art” there shall be substituted the words “and art galleries”.
In section 21 (powers of committee)—
for any reference to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority, whichever is appropriate in the context;
for the words “and museums” and “or museums”, wherever they occur, there shall be substituted the words “or museums or art galleries”;
the first and second paragraphs shall cease to have effect;
in the third paragraph, after the word “science” there shall be inserted the words “gramophone records, tape recordings and films”;
in the seventh paragraph, for the words from “for the purpose of” to “appointed” there shall be substituted the words “to inhabitants of the area of the authority”, for the words “burgh or parish”, wherever else they occur, there shall be substituted the word “area” and the words “may not be a householder, and” shall cease to have effect.
In section 22 (power of committee to make byelaws)—
for the first two references to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority;
the words between “Scotland” and “and shall” shall cease to have effect;
for the words from “of the county” to “situated” there shall be substituted the words “exercising jurisdiction in the area of the authority”;
for the words “magistrates and council, or board” where they last occur, there shall be substituted the words “library authority or museum and art gallery authority”;
For section 24 (exhibition of byelaws previous to confirmation), there shall be substituted the following section—
In section 28 (recovery of penalties and forfeitures)—
for the words from “name of” to “district” there shall be substituted the words “name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority”;
for any reference to the committee there shall be substituted a reference to the library authority or museum and art gallery authority;
the words “clerk or other” shall cease to have effect.
The whole Act shall cease to have effect.
Section 3 (revocation of decision to adopt the principal Act) shall cease to have effect.
“statutory library authority” means a library authority as defined in section 2 of the Public Libraries Consolidation (Scotland) Act 1887 or any body authorised by any other enactment (including any enactment contained in a local Act) to provide library services
In section 12(1) (county library service)—
the words “of a county”, the words “not only” and the words from “but also” to the end shall cease to have effect;
for the words “the education” there shall be substituted the words “an education”.
for the words “in the county” there shall be substituted the words “in the region or islands area, as the case may be”.
In section 2(1) (provision of museums by education authorities), the words “(other than the town council of a burgh being a county of a city)” shall cease to have effect, and, in paragraph (e), for the words from “the town” to the end there shall be substituted the words “any other body”.
Description of functions Provisions of the Act of 1972 1. Survey and structure plans. Sections 4 to 8. Sections 14 to 18 and 265, in so far as they relate to structure plans. 2. Acquisition, appropriation, disposal and development of land in connection with functions exercised by general and regional planning authorities. Sections 102 and 109 to 114. 3. Other functions relating to land and buildings in connection with functions exercised by general and regional planning authorities. Sections 117 to 120. 4. Exercise of reserve powers in place of district planning authorities.
1. Local plans. Sections 9 to 13. Sections 14 to 18 and 265, in so far as they relate to local plans. 2. Planning permission. Sections 22 to 43 and 51. 3. Additional powers of control. Sections 49 and 50. 4. Additional control in special cases. Part IV. 5. . . . 6. Acquisition and appropriation of land and related provisions in connection with functions exercised by general and district planning authorities. Part VI. 7. Stopping up, etc., of footpaths and bridleways. Sections 198A and 199 8, 9. . . . 10. Designation of conservation areas. Section 262.
Section 184.
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In section 32(1) (application of Part I to Scotland), the following amendments shall be made—
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in paragraph (k)(i), for the words from “in relation” to “county council” there shall be substituted the words “a general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.
In section 113(1) (interpretation), the following amendments shall be made—
in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”;
in the definition of “planning authority”, for the words “section 2 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”.
In section 27 (powers of disposal of land), the following amendments shall be made—
for subsection (4) there shall be substituted the following subsection—
in subsection (5)(c), for the words from “subsection” to “1947” there shall be substituted the words “section 75(1) of the Local Government (Scotland) Act 1973”.
In Schedule 4 (Authorities to whom Part II applies), the following amendments shall be made—
in paragraph 1, for the word “1947” there shall be substituted the word “1973”;
in paragraph 2, for the word “1947”, where first occurring, there shall be substituted the word “1973”;
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for paragraph 4 there shall be substituted the following paragraph—
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In section 6(1) (planning control in new towns), for the words “local planning” there shall be substituted the words “district planning”.
In section 23(2)(i) (extinguishment of public rights of way), for the words “local planning” there shall be substituted the words “district planning” and after the word “situated” there shall be inserted the words “and on any other local authority who appear to him to be concerned”.
In section 35(2) (development corporations may transfer undertaking), for the words “county or burgh” there shall be substituted the words “region, islands area or district”.
In section 36(2)(a)(i) (winding up of development corporations), for the words “county or town council of the burgh” there shall be substituted the words “region, islands area or district”.
In section 41(2) (application of certain enactments), for the words “county council” there shall be substituted the words “regional or islands council concerned”.
“regional planning authority” and “district planning authority” have the meanings assigned to them by Part IX of the Local Government (Scotland) Act 1973;
In Schedule 1 (procedure for designating site of new town), in paragraph 2, for the words “county or on the town council of the burgh” there shall be substituted the words “region, islands area or district”.
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in paragraph 5, for the words from " county " onwards there shall be substituted the words " regional council ";
in paragraph 9(3), for the word " notice " there shall be substituted the word " direction ".
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after the words " this Act" there shall be inserted the words " or of the provisions of Part IX of the Local Government (Scotland) Act 1973 ";
after paragraph (b) there shall be inserted the words " the Secretary of State may direct the planning authority to carry out their functions in relation to the matters mentioned in this subsection and may specify in the direction the factors to be taken into account or objectives to be achieved by the planning authority in so doing, or ".
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in subsection (1), the words from " and (b)" onwards shall cease to have effect;
in subsection (3), the words from " and the notice " onwards shall cease to have effect.
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in a region, consult with the regional council;
in subsection (5), for the words from " the councils " on wards there shall be substituted the words " regional, islands and district councils ".
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in subsection (1), for the words from first" include " onwards there shall be substituted the words " make a direction for minimum compensation ";
in subsection (3), the words " application for " shall cease to have effect;
in subsection (5), for the words from " include " to first " for " there shall be substituted the word " make ", and for the words from " application " to " refused " there shall be substituted the words " direction for minimum compensation be reversed ".
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for the definition of " local authority " there shall be substituted the following definition—;
in the definition of " planning authority", for the words " section 1 of this Act" there shall be substituted the words " section 172 of the Local Government (Scotland) Act 1973 ";
there shall be inserted, at the appropriate place in alphabetical order, the following definition—.
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Sections 186, 187, 188.
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Section 11 (disqualification of justices not entered in valuation roll) shall cease to have effect.
In section 13 (membership of new town committee not to disqualify member of licensing court), the words from " or " to " 1949 " shall cease to have effect.
In section 14 (magistrate or county councillor not disqualified by reason of being justice, and vice versa), for the words " a magistrate or a county councillor", in both places where they occur, there shall be substituted the words " an islands or district councillor ".
Section 15 (election of town councillor to act for disqualified magistrate) and section 16 (county licensing court may grant certificates where members of burgh licensing court disqualified) shall cease to have effect.
In section 17 (expenses of members of licensing courts and courts of appeal), in subsection (1), for the words from the beginning to " 1948 " there shall be substituted the words " Sections 45 to 50 of the Local Government (Scotland) Act 1973 " and for the words from " among " onwards there shall be substituted the words " local authorities " ; and in subsection (2), for the words from " county " onwards there shall be substituted the words " islands area or district whose area constitutes or includes the area of the court. ".
In section 18(2) (general half-yearly meeting of licensing courts), the words from " burgh " to " county " shall cease to have effect.
For section 20 (place of meeting of licensing courts and courts of appeal), there shall be substituted the following section:—
For section 21 (expenses, etc. of meetings of licensing courts and courts of appeal), there shall be substituted the following section:—
For section 28 (clerk to licensing courts and courts of appeal), there shall be substituted the following section:—
In section 29(1) (fees payable to clerk) the words "or town clerk " shall cease to have effect.
For section 31 (supplementary and local provisions) there shall be substituted the following section:—.
In section 41 (list of certificate holders), for the words after " printing the list shall" there shall be substituted the words " be defrayed by the council of the islands area or district whose area constitutes or includes the area of the court. ".
In section 114 (years in which temperance poll may be taken), subsection (1) shall cease to have effect.
In section 120 (interpretation of Part VIII).
in the definition of " area '; in paragraph (a), after the words " in the case of " there shall be inserted the words " an area which immediately before 16th May 1975 constituted ", and after the word " any " there shall be inserted the words " area which then constituted a " ; in paragraph (b), for the words " burgh, the whole burgh " there shall be substituted the words " area which then constituted a burgh, the whole of that area " ; and in paragraph (c), after the word " of " there shall be inserted the words " an area which then constituted ";
in the definition of " local authority ", for paragraphs (a) and (b) there shall be substituted the words " the council of an islands area or district ";
in the definition of " parish ", for the words " burgh or part of a burgh situated therein " there shall be substituted the words " area situated therein which immediately before 16th May 1975 constituted a burgh or part of a burgh ", and after the word " situated " there shall be inserted the words " in an area which was then ".
In section 168(1) (register of clubs) the words " or other area " shall cease to have effect, after the word " keep" there shall be inserted the words " in every sheriff court district within the sheriffdom ", and for the words after " such " and before " in respect " there shall be substituted the word " district ".
In section 169 (application by club for certificate of registration), in subsection (3)(c) for the word " aforementioned " there shall be substituted the word " aftermentioned ", in subsection (4) the words from " either " (where it first appears) to " case " shall cease to have effect, and in subsection (5) for the words " magistrate or justice of the peace " there shall be substituted the words " member of a licensing court or court of appeal ".
In section 171 (procedure on application for grant or renewal of certificate of club registration), in subsection (1), for paragraphs (b) and (c) there shall be substituted the following words:—and; and in subsection (3), for the words " a town council" there shall be substituted the words " an islands council ".
In section 175(1) (cancellation of certificate of club registration), the words from " or, if the premises " to " to a magistrate " and the words " or magistrate " shall cease to have effect
In section 195 (limitation of actions against sheriffs, etc.) the words " town clerk " shall cease to have effect.
In section 199(1) (interpretation) the definitions of "burgh licensing court " and " county licensing court " shall cease to have effect; in the definition of " licensing area", for the words " any burgh or county " there shall be substituted the words " any islands area or district ", and for the word "district" there shall be substituted the word " division "; in the definition of " licensing court", the words " or two" shall be omitted; and in the definition of " licensing district ", for the word " district" there shall be substituted the word " division " and for the word " two" there shall be substituted the word " one ".
For Schedule 1 there shall be substituted the following Schedule—
In Schedule 2 (Forms of certificate), Schedule 4 (Forms for use by clerks to courts) and Schedule 5 (Forms relating to confirmation of certificates), for the words "county [or licensing district or burgh " there shall be substituted, in every place where they appear, the words " district [or islands area or licensing division " ; in Schedule 2, in Forms 1 and 3, the words " parish of and " shall cease to have effect, and in Form 2, the words " burgh of and " shall cease to have effect; and in Schedule 3, in Form 1, the words " in the parish [or burgh] of and county of " shall cease to have effect.
In Schedule 1 (New forms of certificate) in the form of certificate for a restaurant and in the form of restricted hotel certificate, for the words " county [or licensing district or burgh " there shall be substituted in every place where they appear, the words " district [or islands area or licensing division " , and the words " parish of and " shall cease to have effect.
In Schedule 1 (Bookmaker’s Permits, betting agency Permits and betting office licences), in paragraph 1(b) the words “ or 2 ” shall cease to have effect. In paragraph 2 of that Schedule, in the definition of “appropriate local authority” for sub-paragraph (b), there shall be substituted the following sub-paragraph—.
In Schedule 2 (Registered pool promoters), in paragraph 1(1)(b), for the words “any county or large burgh” there shall be substituted the words “ an islands area or district ”; and paragraph 1(2), (3), (4) and (6) and paragraphs 2 and 3 shall cease to have effect.
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In Schedule 7 (Promotion of small lotteries by registered societies), in paragraph 1(2), for head (b) there shall be substituted the following—.
In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for the words “a county council, town council” there shall be substituted the words “ a regional council, islands council ”.
In Schedule 2 (Grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for paragraph (b) there shall be substituted the following—.
In Schedule 9 (Permits under section 34), in paragraph 1(d), for the words from “where” to “county” there shall be substituted the words “ means the council of the islands area or district ”; and paragraph 2 shall cease to have effect.
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In section 6(a)(definition of local authority), for the words “a county council or a town council”; there shall be substituted the words “ an islands or district council ” and the words from “ and any expenses ” onwards shall cease to have effect.
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In section 10 (application to Scotland), for paragraph (a) there shall be substituted the following paragraph:— and paragraph (e) shall cease to have effect.
In section 12 (application to Scotland), for paragraph (e) there shall be substituted the following paragraph:—; and in paragraph (g) for the words “county or town council” there shall be substituted the words “ regional or islands council ”.
In section 7(3), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.
In section 2(4)(b) (meaning of controlling authority), for the words “the council of the county or burgh” there shall be substituted the words “ the islands or district council for the area ”.
In section 5(2) (interpretation), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.
In section 6(4), in the definition of “local authority”, for the words “county or any burgh” there shall be substituted the words “ islands area or district ”.
In section 44 (game licences), for the words “local authorities” in both places where they occur, there shall be substituted the words “ islands and district councils ”.
“local authority”means an islands or district council;
In section 15(1) (powers of entry), the words from “ and in relation ” onwards shall cease to have effect, and in section 18(1) (interpretation), in the definition of “licensing authority”, in paragraph (c), for the words from “as respects” onwards there shall be substituted the words “ the islands or district council. ”.
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In section 11(2), in the definition of “local authority”, for paragraph (b) there shall be substituted the following paragraph—.
Section 209.
Section 5 (preservation of lands from injury) shall cease to have effect.
In section 396 (terms of licence for theatres, etc.) for the words from the beginning to “£5” there shall be substituted the words “ A reasonable fee set by the issuing authority shall be payable for each licence ”.
In section 433 (brokers’ licences), for the words “sum not exceeding two shillings and sixpence” there shall be substituted the words “ reasonable sum set by the issuing authority ”.
In section 81 (licensing of billiard halls), for the words from “fee” to “shillings” there shall be substituted the words “ reasonable fee set by the issuing authority shall be payable ”.
In section 98(2) (application of Parts I and II), the words from “ intimated ” to “ Scotland and ” shall cease to have effect.
In section 28 (milk depots), the words “ subject to the consent of the Board ” shall cease to have effect.
In section I (restriction on exhibition, etc., of performing animals), the following amendments shall be made—
in subsection (2), for the words “the prescribed fee” there shall be substituted the words “ such fee as appears to the local authority to be appropriate ”;
in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur, shall cease to have effect;
in subsection (7), the words “ subject to payment of the prescribed fee ” shall cease to have effect;
at the end there shall be added the following subsection—
In section 5(3) (interpretation etc.), the words from “ and the fee ” onwards shall cease to have effect.
In section 5 (prescription of building lines), paragraph (a) of the proviso shall cease to have effect.
In section 2(5) (fees for licences), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ” shall cease to have effect.
In section 7(3) (arbitrations, etc.), the words from “ and any question ” onwards shall cease to have effect.
In section 10 (rules of procedure), subsections (1) and (2) shall cease to have effect.
In section 53 (tolls), the following amendments shall be made—
in subsection (2)(b), the words from “ but a right ” onwards shall cease to have effect;
in subsection (6), the words “ subject to the approval of the Minister ” shall cease to have effect.
In section 56 (removal of structures from highways, the following amendments shall be made—
subsection (2) shall cease to have effect;
in subsection (3), the words from “ or if ” onwards shall cease to have effect.
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In section 10(5) (application of 1847 Act), the words from “ and if ” onwards shall cease to have effect.
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in subsection (1), in the proviso, for the words " prescribed fees" there shall be substituted the words " fees set by them ";
in subsection (2), for the words " prescribed fee ", there shall be substituted the words " fee set by the authority ";
in subsection (4), for the words " fees as may be prescribed " there shall be substituted the words " reasonable fees as the authority may set ".
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In section 9 (water for domestic purposes), the words from " and the Secretary " onwards shall cease to have effect.
In section 24(1) (power to carry out works), the proviso shall cease to have effect.
In section 29(2) (local authority may provide wells, etc.), in the proviso, the words from " and any " onwards shall cease to have effect.
In section 53 (provision of water supply for new buildings), in subsection (1), the words from " in accordance " to " may make ", and subsection (4) shall cease to have effect.
In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 19, the words from "Any dispute " onwards, and in paragraph 24(2), the words from " or as " onwards, shall cease to have effect.
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Sections 14 (provision of cattle-grids off roads) and 18 (provisions as to cattle-grids provided before the Act) shall cease to have effect.
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In section 21 (provision of cold stores by local authority), in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards shall cease to have effect, and subsections (2) and (3) shall cease to have effect.
Section 22(2) (notification of cases of food poisoning) shall cease to have effect.
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In section 5(3) (working standards etc.), the words " and approved for the purpose by the Board " shall cease to have effect.
In section 44(1) (inspector's fees), the words " with the consent of the Board " shall cease to have effect.
In section 1(2) (licensing of boarding establishments for animals), the words “ not exceeding £2 ” shall cease to have effect.
In section 1(2) (licensing of riding establishments), for the words “a fee not exceeding £10” there shall be substituted the words “ such fee as may be set by the local authority ”.
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In section 29 (powers regarding off-street parking places), in subsection (1), the words from " exercisable " to " by him ", and subsection (2), shall cease to have effect.
In section 31(2) (use of parking places), the words from "and where " onwards shall cease to have effect.
In section 37(5) (supplementary provisions), for the words " the prescribed steps" there shall be substituted the words " such steps as appear to them to be appropriate ", for the words from " not less " to " occasions" there shall be substituted the word " afterwards " , and the words " in the prescribed manner " and the words from " and in this" onwards shall cease to have effect.
In section 44 (financial provisions), in subsection (2), in the proviso, the words from " but shall not" onwards shall cease to have effect, and in subsection (3)(c), the words "with the consent of the appropriate Minister " shall cease to have effect.
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In section 41(1)(b) (ferries for purposes of long-distance routes), the words “ with the approval of the Secretary of State ” shall cease to have effect.
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In section 12(4) (borrowing powers of Executive), the words “ with the consent of the Minister ” shall cease to have effect.
In section 36 (power of local authority to run contract carriages), in subsection (2), the words “ subject to subsection (3) of this section ” shall cease to have effect, and subsections “ (3) to (8) ” shall cease to have effect.
In section 37 (power for local authorities to acquire or dispose of public service vehicle undertakings), in subsection (1), the words from “ with the consent ” to “ State ” shall cease to have effect, and subsection (2) shall cease to have effect.
In section 138 (travel concessions), subsections (7), (8) and (9)(a) shall cease to have effect.
In section 63(1) (proper maintenance of waste land), the words from “ then ” to “ State ” shall cease to have effect.
In section 84(1) (power to serve enforcement notice), the words from “ to any ” to “ State and ” shall cease to have effect.
In section 260 (default powers of Secretary of State), in subsection (1), the words from “ may give ” to “ confirmation or ” shall cease to have effect, and in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ” and the words from “ may give ” to “ notice or ” shall cease to have effect.
Section 213.
Section 3 shall cease to have effect.
In section 5—
in subsection (1), for the words “the appointed day”, in both places where they occur, there shall be substituted the words “ 16th May 1975 ”;
in subsection (2), the words from “ but ” onwards shall cease to have effect;
after subsection (2) there shall be inserted the following subsections—
In section 6(2)(a), before the word “burgh” there shall be inserted the word “ former ”.
In section 7(3), before the word “burgh” there shall be inserted the word “ former ”.
For Schedule 1 there shall be substituted the following Schedule—
Section 214.
This paragraph applies to any enactment passed before, or during the same session as, this Act, and any instrument made before this Act under any enactment. Any reference in any such enactment, including the 1947 Act, or instrument to a local authority within the meaning of the 1947 Act shall be construed as a reference to a local authority within the meaning of this Act. Any reference in any such enactment or instrument to a sheriff clerk of a county, however expressed, shall be construed as a reference to the sheriff clerk of the sheriff court district concerned.
Subject to sub-paragraph (2) below, in any enactment or instrument to which paragraph 1 above applies any reference to a specified officer of a local authority shall be construed as a reference to the proper officer of a local authority. Sub-paragraph (1) above shall not apply in any case—
In section 20 (summoning of jurors), for the words “county, city, town or place” there shall be substituted the words “ sheriff court district ”, and for the words “counties, cities, towns or places” there shall be substituted the words “ sheriff court districts ”.
In section 10 (compensation for damage by riot), for the words “town clerk of the city or burgh within which” there shall be substituted the words “ regional or islands council within whose area ”; and the words from “ or the clerk of supply ” to “ city or burgh ”, where they occur second, shall cease to have effect; and for the words from “the justices” onwards there shall be substituted the words “ any competent court in Scotland ”.
In section I (qualification of jurors), the words “ in any county ” shall cease to have effect, and for the words “county or shire, city or place” there shall be substituted the words “ sheriff court district ”.
For section 3 (rolls of jurors) there shall be substituted the following section:—.
For section 7 (jurors for trials in Edinburgh) there shall be substituted the following section:—.
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In section 9 (jurors in inferior courts), for the word " county " there shall be substituted the words " sheriff court district ".
In section 10 (order in which names of jurors to be taken), for the words “counties and” there shall be substituted the words “ sheriff court ”, and for the word “counties” there shall be substituted the words “ sheriff court districts ”.
In section 45 (mode of returning jurors), for the words from “of Edinburgh” to “counties” there shall be substituted the word “ principal ”.
In section 110 (local authority), for paragraph 1 there shall be substituted the following paragraph—.
In section 111 (expenses of local authority), for paragraph (a) there shall be substituted the following paragraph—
In section 34(2) (gazetting of commissioners), for the words “county rate” there shall be substituted the words “ regional or general rate ”.
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In section 36 (application to Scotland), in the definition of " local authority ", after the word " streets ", in both places where it occurs, there shall be inserted the word " sewers ".
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for the words from " the case of a burgh " to " that parish " there shall be substituted the words " their area ";
for the words " the burgh or parish " there shall be substituted the words " the area ";
for the words " such burgh or in such parish " there shall be substituted the words " their area ";
for the words " the said burgh or the said parish " there shall be substituted the words " their area ";
for the words " the said burgh or parish " there shall be substituted the words " their area ".
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Sections 3 to 25 shall cease to have effect.
Sections 42 to 48 shall cease to have effect.
In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ”, and “ burgh ” shall cease to have effect.
In section 515 (liability of locality for compensation for plundered vessel), for the words “inhabitants of the county, city or borough” there shall be substituted the words “ council of the region or islands area ”.
In section 668 (Commissioners of Northern Lights), the following amendments shall be made—
in subsection (1)(b), for the words “provosts of Inverness and Campbeltown” there shall be substituted the word “ chairmen of the Inverness and Argyll district Councils ”;
in subsection (3), for the words from “provost” to “near” there shall be substituted the words “ chairman of any district council which include in their area ”.
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the definitions of " sanitary inspector ", " clerk ", " parish ", " burgh ", " county ", and " district committee " shall cease to have effect,
Except in section 12 and, where it second occurs in section 36(4) of this Act, the word ' district' means the area of the local authority for the purposes of this Act.
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the words " magistrate or ", in each place where they occur,
the words " or on a representation by a parish council ",
the words " to the collector of the churchyard or other dues, or " and
the word " other ", where it second occurs,
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in subsection (1),—
the words from " by the county " to " any district " shall cease to have effect,
the words " such county council or " shall cease to have effect,
in subsection (2), the words from " and for the purpose " onwards shall cease to have effect.
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in the first paragraph for the words from the beginning to " situated " there shall be substituted the words " A local authority " and the words " within such special scavenging district " shall cease to have effect;
in the second paragraph for the words " within such special district" and for the words from " district committee " to " council) " there shall be substituted respectively the words " in any area to which the Burgh Police (Scotland) Acts 1892 and 1903 do not applyand " local highway authority within the meaning of the Local Government (Scotland) Act 1973 ". "
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in subsection (1), the words " or for a parish council" and " of the county " shall cease to have effect, and
in subsection (2) the words "or for any parish council" shall cease to have effect.
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“local authority” means an islands or district council
In section 31(1) (repeal), for the word “burgh” there shall be substituted the word “ area ” and for the words from “authorities” onwards there shall be substituted the words “ authority concerned ”.
In section 5(3) (byelaws as to street collections), for the words from the beginning to “include a” there shall be substituted the words “ An islands or district council shall have ” and for the words “the county” there shall be substituted the words “ their area ”.
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In section 10(1) (application to Scotland), in the definition of “Local authority” for the words “county or burgh” there shall be substituted the words “ region or islands area ”.
In section 11(2), after the word “the” there shall be inserted the words “ area of the former ”.
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In section 2 (refusal of registration), at the end there shall be added the following subsection—
In section 14(f) (application to Scotland), for the words from “this Act”, where second occurring, onwards there shall be substituted the words “ section 3 of this Act shall be enforced by islands or district councils ”.
In section 22 (burgh churches)—
after subsection (2), there shall be inserted the following subsection—;
in subsection (3), for the words “town council of the burgh” there shall be substituted the words “ council of the district ” and for the words “town council”, where second occurring, there shall be substituted the words “ district council ”;
in subsection (4)—
before the word “burgh”, where second, third and fourth occurring, there shall be inserted the word “ former ”;
the words “ continue to ” shall cease to have effect;
for the words “town councils of the said burghs” there shall be substituted the words “ councils of the districts in which these churchyards are situated ”.
In section 26 (transfer of parish churches etc.), for the word “parish” there shall be substituted the word “ district ”.
In section 28(4) (transfer of rights in parish churches etc.), for the words “town councils in their capacity as town” there shall be substituted the words “ islands and district ”.
In section 32 (transfer of parish churchyards)—
for the words “parish council”, wherever occurring, there shall be substituted the words “ islands or district council ”;
subsection (3) shall cease to have effect;
in subsection (4), the words “ or other local authority ”, in each place where they occur, shall cease to have effect.
In section 33 (preservation of monuments etc.), for the words “parish council”, in both places where they occur, there shall be substituted the words “ islands or district council ”.
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In section 8 (application to Scotland), for the words from “town” to “borough” there shall be substituted the words “ region or islands area shall be substituted for references to a county ”.
“local authority” means an islands or district council
In section 24(1) (application to Scotland), for paragraphs (a) and (b) there shall be substituted the following paragraphs—.
Sections 1 to 3, 5, 6, 10, 11, 18, 24 and 26 shall cease to have effect.
In section 29, for the words from “county council” to “large burgh” there shall be substituted the words “ regional, islands or district council ”.
Sections 34, 41, 49(3) and (4), 50 to 52 and 76 shall cease to have effect.
In section 77, the following amendments shall be made—
subsection (1), other than the definitions of “Agricultural Lands and Heritages”, “Industrial Lands and Heritages”, “Freight Transport Lands and Heritages”, “Industrial Purposes” and “Freight Transport Purposes”, “Functions”, “Rate”, “Rating Authority” and “Water Rate”, and subsections (2) and (3) and (5) to (8) shall cease to have effect; and
in the said subsection (1), in the said definition of “Rating Authority”, for the words from “means, as respects” to “town council” there shall be substituted the words “ shall have the meaning assigned to it by section 109 of the Local Government (Scotland) Act 1973 ”.
Section 79 and Schedules 1, 2 and 5 shall cease to have effect.
In section 11 (application to Scotland), for any reference to a town council or a county council there shall be substituted a reference to an islands or district council.
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In section 2(2) (transfer of certain churchyards)—
for the words “county or burgh” there shall be substituted the words “ islands area or district ”;
the words from “ or, in the case ” onwards shall cease to have effect.
In section 11(6) (powers of county council and town council to report to Commissioners), for the words “county council or town council” there shall be substituted the words “ regional, islands or district council ”.
In section 110 (interpretation) the following amendments shall be made— and the definition of “ Large burgh ” shall cease to have effect, and subsection (2) shall cease to have effect.
“Local authority” means a regional or islands council.
subsection (2) shall cease to have effect.
In section 13 (application to Scotland) the following amendments shall be made—
in subsection (2), for the words from “for any reference to a county borough” to the end there shall be substituted the words “ and for any reference to a county there shall be substituted a reference to a region or islands area ”;
in subsection (3), for the words “county and town” there shall be substituted the words “ islands and district ”;
in subsection (4), for the word “county” where it first occurs and the words “county (including any small burgh therein)” there shall be substituted respectively the words “ regional ” and “ region ” and the words from “ and, as regards ” to the end shall cease to have effect;
in subsection (6), for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”.
subsections (9), (10) and (12) shall cease to have effect.
In section 91 (application to Scotland) the following amendments shall be made—
in subsection (2)(a), in the substituted section 11(1), for the words “county or town” there shall be substituted the words “ a regional or islands ”, and for the substituted section 11(2) there shall be substituted the following subsection:—;
in subsection (2)(b), for the words from “the council” to “situated” there shall be substituted the words “ an islands or district council ” and in the proviso for the words from “includes” to the end there shall be substituted the words “ means a regional, islands or district council ”;
in subsection (2)(c), for the words from “the expression” to the end there shall be substituted the words “ other than in section 33 the expression “local authority” means an islands or district council ”.
for subsection (23) there shall be substituted the following subsection:—;
in subsection (26), for the words “small burgh” where they first occur and the words “council of the small burgh to the county” there shall be substituted respectively the word “ district ” and the words “ district council to the regional ” and at the end there shall be added the words “ and for any reference to a county or a county council there shall be substituted respectively a reference to a region or a regional council ”;
in subsection (27), for the words “small burgh” where they first occur there shall be substituted the word “ district ”, in the substituted subsection (2)(a), for the words “small burgh” and “county” wherever they occur there shall be substituted respectively the words “ district ” and “ regional ” and in the substituted subsection (2)(c) for the word “county” there shall be substituted the words “ regional or islands ”;
in subsection (33) for the words “county or town council” there shall be substituted the words “ local authority ”;
subsection (2)(d), (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections “ (15) ”, “ (18) ”, “ (19) ”, “ (25) ” and “ (31) ” shall cease to have effect.
the expression “local authority” means an islands or district council
In section 1(1)(c) (power to establish restaurants), for the words “a county or town council” there shall be substituted the words “ an islands area or district council ”.
In section 4(3) (interpretation), for the words “a county, town” there shall be substituted the words “ an islands area ”.
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In section 133(3)(i) (war memorials) for the words “sections two and” there shall be substituted the word “ section ”.
In section 33(1) (local authorities for certain purposes of the Act), for the words “the council of a county or of a large burgh in Scotland.” there shall be substituted the words “ a regional or islands council in Scotland. ”.
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In section 47(12) (removal of persons in need of care), for the words “counties and large burghs” there shall be substituted the words “ regions and islands areas ”.
In section 48(4) (temporary protection for property of hospitalised persons), for the words “county”, where first occurring, and “large burgh” there shall be substituted respectively the words “ region ” and “ islands area ”.
In section 50(2) (burial etc. of dead), for the words “county and town” there shall be substituted the words “ islands and district ”.
In section 65(e) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional or islands ”.
In section 9(1) (interpretation), in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”.
In section 15 (transfer of duties on moneylenders’ and pawnbrokers’ licences), in subsection (9), for paragraph (a) there shall be substituted the following paragraph—.
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In section 63(1) (interpretation), in the definition of "local authority", for the words from " county council" onwards there shall be substituted the words " regional, islands or district council ".
In section 78(1) (interpretation), the definitions of “ large burgh ” and “ small burgh ” shall cease to have effect.
In section 21(1) (nature reserves), after the word “borough” there shall be inserted the words “ or in Scotland a regional, islands or district council ”.
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In section 99(2) (contributions by local authorities), for the words from “means” to the end there shall be substituted the words “ means a regional, islands or district council ”.
In section 103(7) (acquisition of land), for the words from “156” to “1947” there shall be substituted the words “ 70 of the Local Government (Scotland) Act 1973 ”.
In section 104(10) (appropriation etc. of land), for the words from “or of” onwards there shall be substituted the words “ or of sections 73 and 74 of the Local Government (Scotland) Act 1973 ”.
In section 106(4)(a) (byelaws), for the words from “1947” to “303” there shall be substituted the words “ 1973 and to sections 201 to 204 ”.
In section 9(a) (restriction of obligations to provide allotments), for the words “town council of a burgh” there shall be substituted the words “ council of an islands area or a district ”.
In section 13(1)(b) (interpretation), for the words “a town council” there shall be substituted the words “ an islands council ”.
In section 36(3) (application to Scotland), for the words “a county or town council” there shall be substituted the words “ an islands or district council ”.
In section 7(1) (visiting committees), for the words “county and town” there shall be substituted the words “ regional, islands and district ”.
In section 14 (legalised police cells), the following amendments shall be made—
in subsection (1), for the words “the police authority of any county or burgh” there shall be substituted the words “ a police authority ”
in subsection (2), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ region or islands area ”;
in subsection (5), for the words “county or burgh” there shall be substituted the words “ region or islands area ”;
in subsection (6), for the words from “County of Orkney” onwards there shall be substituted the words “ islands area of Orkney or of Shetland ”;
in subsection (7), for the words from “county” onwards there shall be substituted the words “ regional or islands council, except that where there is an amalgamation scheme in force under the Police (Scotland) Act 1967 it means a joint police committee ”.
In section 16 (discharge of prisoners), for the words “county or burgh”, in both places where they occur, there shall be substituted the words “ district or islands area ”.
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In section 5(6)(b) (letting of land), for the words “a county, town” there shall be substituted the words “ an islands ”.
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in the definition of " administrative area" for the words "county or large burgh" there shall be substituted the words " region, islands area or district ";
in the definition of " authorised person ", in paragraph (b), for the words " local authority " there shall be substituted the words " islands or district council ";
in the definition of " local authority ", for the words " county council and a town" there shall be substituted the words " regional, islands or district ".
In section 16 (interpretation), in the definition of “local authority”, for the words from “a county” onwards there shall be substituted the words “ an islands or district council ”.
In section 4(3) (refusal of grant of feu right on ground of public interest), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.
In section 214(5) (application to Scotland), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
In section 212(5) (application to Scotland) for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
In section 37(1) (interpretation), in the definition of “crofting counties” after the word “the” there shall be inserted the word “ former ”.
In section 20 (cleaning of shell-fish), at the end there shall be added the following subsection—.
In section 21 (cold stores), at the end there shall be added the following subsection—.
In section 26 (administrative authorities), the following amendments shall be made—
in subsection (3), for the words “county councils, town councils” there shall be substituted the words “ regional councils, islands councils, district councils ”;
for subsection (4) there shall be substituted the following subsection—
In section 27 (public analysts), at the end there shall be added the following subsection—
In section 29(3) (analysis of samples), after the words “local authority” there shall be inserted the words “ who appointed the analyst ”.
In section 35(2) (quarterly reports) for the words “local authority” there shall be substituted the words “ regional and islands council ”.
In section 25(10) (application to Scotland), in the definition of “local authority”, for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
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In Schedule 2 (supplementary provisions as to public inquiries), in paragraph 1(a), for the words from second "in" to " not" there shall be substituted the words " which is not within the area of a planning authority who have ".
In Schedule 4 (amendment of enactments), in the item relating to the Electric Lighting Act 1909, for the words from " and with " onwards there shall be substituted the words " the provisions of the said section 2 shall apply to the Scottish Electricity Boards as they apply to the Generating Board with the following modifications—
' local authority' means both the regional and district council, or, as the case may be, the islands council concerned;
for the references to the local planning authority there shall be substituted references to both the regional and district planning authority, or, as the case may be, the general planning authority (all within the meaning of Part IX of the Local Government (Scotland) Act 1973)."
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In Schedule 1 (procedure for making improvement orders), in paragraph 1, in the definition of “local authority”, for the words “county, town” there shall be substituted the words “ regional, islands ”.
In section 3 (provision of sheltered employment), the following amendments shall be made—
in subsection (1), for the words “Minister of Labour and National Service” there shall be substituted the words “ Secretary of State ”;
in subsection (3), for the words from “in accordance” onwards there shall be substituted the words “ subject to the approval of the Secretary of State ”;
subsection (4) shall cease to have effect;
in subsection (5), for the words from “county or of a large burgh” onwards there shall be substituted the words “ region or islands area ”.
The Schedule shall cease to have effect.
In section 10(2) (committal of child to local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.
In section 12(2) (supervision of child by local authority), for the words “county or large burgh” there shall be substituted the words “ region or islands area ”.
In section 15 (interpretation), the words from “ and the expression ” onwards shall cease to have effect.
In section 1(5) (sellers of goods for blind persons, etc.), for the words “county or town” there shall be substituted the words “ regional, islands or district ”.
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“local authority” has the meaning assigned to it by section 235 of the Local Government (Scotland) Act 1973
In section 28(1) (local authorities for the purposes of the Act), for the words from “counties and large burghs” onwards there shall be substituted the words “ regions and islands areas. ”.
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In the Schedule (bodies to which Act applies), in paragraph 2(c), for the words from “108” onwards there shall be substituted the words “ 124 of the Local Government (Scotland) Act 1973 ”.
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In paragraph 7 of the Schedule (provision as to inspection, testing and enforcement by local authorities), for the words following " Scotland means" there shall be substituted the words " the local weights and measures authority as defined in section 36 of the Weights and Measures Act 1963 ".
In section 15(1) (interpretation), the following amendments shall be made:—
“local authority” has the meaning assigned to it by section 1(2) of this Act;
“sewer” has the same meaning as in section 59 of the Sewerage (Scotland) Act 1968;
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In Schedule 5 (permitted classes of prior charges) in paragraph 1(2)(b), for the words from “county” onwards there shall be substituted the words “ regional, islands or district council ”.
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for the words " a local authority " or " the local authority ", in each place where they occur, there shall be substituted respectively the words " an islands or district council " or " the islands or district council " ;
in subsection (1)(a), for the word " them" there shall be substituted the words " any local authority or general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ";
in subsection (1)(b), for the word " them" there shall be substituted the words " the islands or district council ".
In section 6(1) (contributions to voluntary organisations), at the end there shall be added the following words— “ and includes a community council within the meaning of the Local Government (Scotland) Act 1973 ”.
In section 16(1) (interpretation), in the definition of “local authority”, for the words from “town” onwards there shall be substituted the words “ regional, islands or district council ”.
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In section 23(1) (interpretation), in the definition of "local authority", for the words "county or town" there shall be substituted the words " regional, islands or district ".
In section 28(1) (interpretation), the following amendments shall be made:—
in the definition of “local authority”, for the words “town or county” there shall be substituted the words “ regional, islands or district ”;
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In section 1(2) (establishment of Board), after the words “be the” there shall be inserted the word “ former ”.
In section 18(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “ regional, islands or district council within the meaning of the Local Government (Scotland) Act 1973 ”.
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In section 10(4) (grants for reclamation of derelict land), for the words from “a local” onwards there shall be substituted the words “ a regional, general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973 ”.
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In section 40(2)(c)(ii) (compulsory purchase of land), for the words “county, town” there shall be substituted the words “ regional, islands ”.
In section 8 (interpretation), in the definition of “local authority”, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.
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In section 30(1) (general interpretation), in the definition of " local authority", for the words from " county" onwards there shall be substituted the words " regional, islands or district council ".
In section 57(1) (byelaws), for the words “301 to 303” there shall be substituted the words “ 201 to 204 ” and for the word “1947”, in both places where it occurs, there shall be substituted the word “ 1973 ”, and, in section 57(2), for the words “the said section 301” there shall be substituted the words “ section 202 of the said Act of 1973. ”
In section 78(1) (interpretation), the following amendments shall be made—
in the definition of “local authority”, for the words from “has” onwards there shall be substituted the words “ means a regional, islands or district council ”;
in the definition of “planning authority”, for the words from “has” onwards there shall be substituted the words “ means a general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”
In section 83(4)(c) (exclusion of initial allowances), after the word “34(1)” there shall be inserted the words “ or (2) ”.
Section 26 (enforcing authorities) shall have effect as if—
in subsection (1), after the words “measures authority” there were inserted the words “ as defined in section 36 of the Weights and Measures Act 1963 ”, and the words from “ and section 37 ” to the end shall cease to have effect;
in subsection (3)(b), for the words “subsection (2) to (9) of section 355 of the Local Government (Scotland) Act 1947” there were substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
In section 65 (financial and other assistance to certain voluntary organisations), in subsection (6)—
in subsection (2A)—
for the words “council to which this subsection applies” there shall be substituted the words “ district and islands council ”,
the last paragraph shall cease to have effect,
in subsection (2B)—
in paragraph (a), for the words from “in relation to a county” onwards there shall be substituted the words “ the regional or islands council. ”,
paragraph (b) shall cease to have effect.
In section 67 (power to purchase goods, etc.), in subsection (2), there shall be inserted the following paragraph—.
For section 71(3) (compensation for stopping employment to prevent spread of disease in Scotland), there shall be substituted the following subsection:—.
In section 76(2) (grants in respect of functions relating to imported food), for the words from “county” to “1947)” there shall be substituted the words “ islands councils, district councils ”.
In section 3(3) (construction of sewers), for the words “349” and “1947” there shall be substituted respectively the words “ 192 ” and “ 1973 ”.
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in subsection (1), for the words " a highway authority " and the word " streets " there shall be substituted respectively the words " the Secretary of State " and " trunk roads" ;
in subsection (2), for the words " a highway authority " there shall be substituted the words " the Secretary of State ";
in subsection (3), for the words " A highway authority or " there shall be substituted the words " The Secretary of State or a ";
subsection (4) shall cease to have effect.
For section 18(3) (expenses of local authorities), there shall be substituted the following subsection:—.
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In section 1, in subsection (2) (local authorities for the purposes of the Act), for the words from “county councils” onwards there shall be substituted the words “ regional and islands councils. ”, and subsections “ (3) ” and “ (6) ” shall cease to have effect.
In section 2(2) after paragraph (b) there shall be inserted the following paragraph—.
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in subsection (1), the words " in accordance with the provisions of this section " shall cease to have effect;
for subsection (2) there shall be substituted the following subsection—; and
subsections (3) and (7) shall cease to have effect.
In section 94(1) (interpretation), in the definition of “prescribed”, in paragraph (a), for the words “section 3”, there shall be substituted the words “ sections 3 and 36, ”.
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in paragraph 3, after the words " consisting of ", there shall be inserted the words—;
after paragraph 5, there shall be added the following paragraph—.
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In section 14(9) (detention and sale of aircraft), for the words " local authority" there shall be substituted the words " regional or islands council ".
In section 28(3) (interpretation), in the definition of "local authority ", for the words " county council " onwards there shall be substituted the words " regional, islands or district council ".
In section 109(2) (enforcement in Scotland), for paragraph (c) there shall be substituted the following paragraphs—
In section 11(3)(b) (local authority for purposes of Part II), for the words from “the council” onwards there shall be substituted the words “ general, regional or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973. ”
In section 86, in the definition of “local authority”, in paragraph (b), for the words “county council or a town” there shall be substituted the words “ regional, islands or district ”.
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In section 1(4) (supply of goods and services), in the definition of “local authority”, for the words from “has the meaning” onwards there shall be substituted the words “ means a regional, islands or district council or any joint board or combination of those councils ”.
In section 2(2) (supplemental), for the words from “199” to “1947” there shall be substituted the words “ 101 and 105 of the Local Government (Scotland) Act 1973 ”.
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In section 67(2) (enforcement of standards for fertilisers and feedingstuffs), for the words from “town council” to “aforesaid” there shall be substituted the words “ regional and islands councils ”.
For section 92(2)(b) (provision of flood warning systems), there shal be substituted the following paragraph:—.
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In section 1, for the words from “District” to “Inverness” there shall be substituted the words “ Western Isles ”.
In Schedule 6, in Part II, in paragraph 45, for the words from “a county council” onwards there shall be substituted the words “ an islands or district council ”.
In section 39(3) (application of Pipe-Lines Act 1962), in the definition of “local authority”, in paragraph (b), for the words “town or county” there shall be substituted the words “ regional, islands or district ”.
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In section 7(3) (enforcement of Slaughter of Animals (Scotland) Acts), for the words “local authority”, where first occurring, there shall be substituted the words “ islands and district council ” and for the word “district” there shall be substituted the word “ area ”.
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In section 13(1) (interpretation), the following amendments shall be made—
in the definition of “licensing authority”, in paragraph (f), for the words from “a large burgh” onwards there shall be substituted the words “ an islands area, the council of that islands area, and in any other case the council of the district in which the premises are situated ”;
in the definition of “local authority”, for the words from “Scotland” onwards there shall be substituted the words “ Scotland, means a regional, islands or district council ”.
In section 20 (local inquiries), in subsection (1)(b), for the words “subsections (2) to (9) of section 355 of the Local Government (Scotland) Act 1947” there shall be substituted the words “ subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ”.
In section 11 (interpretation), in the definition of “local authority”, in paragraph (c), for the words “a county or a burgh” there shall be substituted the words “ an islands area or district ”.
In section 5 (2) (interpretation), in the definition of “local authority”, for the words “the council of any county or burgh” there shall be substituted the words “ an islands or district council ”.
In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “islands or district council”. Section 4(27) Section 99 Sections 104 to 112 Section 114 Section 116 Section 120 Sections 122 and 123 Section 125 Section 127 Sections 144 and 145 Section 155 Section 175 Sections 243 and 244 Sections 254 to 256 Sections 273 and 274 Section 277 Section 285 Section 288 Sections 301 to 303 Section 306 Section 308 and 309 Sections 311 to 314 Section 381(1) and (29) Sections 386 and 387 Section 392.
In the provisions set out in the following table, for the word “magistrate” or “magistrates”, in each place where either of them occurs, there shall be substituted the words “islands or district council”. Section 126 Sections 247 and 248 Section 250 Sections 270 to 272 Section 275 Section 300 Section 304 Section 383 Sections 395 to 397 Sections 399 and 400 Section 433 Section 449 In Schedule V, paragraphs (2), (3), (6), (9) and (23).
In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “local highway authority”. Section 4(28) Section 129 Section 131 . . . Sections 134 and 135 Section 137 Section 139 Sections 140 to 142 Sections 149 to 152 Sections 156 to 160 Sections 162 to 164 Section 190 Section 228
In sections 210 to 213, and 233, 416 and 417, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional or islands council”.
In the provisions set out in the following table, for the word “commissioners”, in each place where it occurs, there shall be substituted the words “regional, islands or district council, as the case may be”. Section 165 Sections 325 to 332 Section 334 Section 339 Section 341 Section 365 Sections 367 to 369 Section 372 Section 374
In section 4, the following amendments shall be made—
subsections (8) and (9) shall cease to have effect;
after subsection (13) there shall be inserted the following subsection—,
after subsection (28) there shall be inserted the following subsection—.
Section 15 shall cease to have effect.
In section 20, for the word “commissioners”, where it second occurs, there shall be substituted the words “appropriate authority”.
In section 27(2), for the words “town council” there shall be substituted the words “appropriate authority”.
Section 42 shall cease to have effect.
In section 55, for the word “commissioners” there shall be substituted the words “appropriate authority”.
Sections 100 and 101 shall cease to have effect.
In section 105, for the words “their inspector of lighting, or any other officer or servant” there shall be substituted the words “the proper officer”, and for the words “inspector of lighting, or any other officer or servant” there shall be substituted the words “proper officer”.
In section 115, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.
In section 117, for the words “sanitary inspector”, in both places where they occur, there shall be substituted the words “proper officer of the islands or district council”.
In section 118, for the words from “burgh surveyor” to “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “surveyor, medical officer or inspectors”, in both places where they occur, there shall be substituted the words “proper officer”.
In section 119, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”.
In section 120, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “burgh general assessment” there shall be substituted the words “general or district rate”.
In section 121, for the words “inspector of cleansing or sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the words “the inspector”, where they second occur, there shall be substituted the words “such officer”.
In section 123, for the words from “the chief” to “sanitary inspector”, where they first occur, there shall be substituted the words “their proper officer”, and for the words from “inspector of cleansing”, where they second occur, to “authorised by” there shall be substituted the words “proper officer of”.
In section 126, for the words “sanitary inspector” there shall be substituted the words “proper officer of the islands or district council”, and for the word “magistrate” there shall be substituted the words “such council”.
In section 128, the words from “of the Roads” to “1891, and” shall cease to have effect, and for the words “town council” in both places where they occur, there shall be substituted the words “local highway authority”.
In section 133, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.
In section 134, for the word “council”, in each place where it occurs, there shall be substituted the words “local highway authority”.
In section 138, for the word “council”, in both places where it occurs, there shall be substituted the words “local highway authority”.
In section 145, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.
In section 150, the words “the Dean of Guild Court or” shall cease to have effect.
In section 151, for the word “treasurer” there shall be substituted the words “local highway authority”.
In section 154, the following amendments shall be made—
for the word “commissioners”, where it first occurs, there shall be substituted the words “local highway authority”,
for the words “and they may also” there shall be substituted the words “and the islands or district council may”,
for the word “commissioners”, where it occurs second and third, there shall be substituted the words “islands or district council”, and
for the word “commissioners”, where it last occurs, there shall be substituted the words “local highway authority and the islands and district council”.
In section 168, for the word “council” there shall be substituted the words “islands or district council”.
In section 186, for the word “commissioners”, in both places where it occurs, there shall be substituted the words “the local highway authority, or, where appropriate, the islands or district council”.
Section 201 shall cease to have effect.
Section 207 shall cease to have effect.
In section 210, the words “of the clerk” shall cease to have effect.
Section 223 shall cease to have effect.
In section 248, for the words “burgh surveyor” there shall be substituted the words “proper officer of the islands or district council”.
In section 250, the words “any of” and “or any one of them” shall cease to have effect.
Section 257 shall cease to have effect.
Sections 296 and 297 shall cease to have effect.
in section 305, for the words “commissioners or magistrates” there shall be substituted the words “islands or district council”.
In section 306, after the words “two thirds”, in both places where they occur, there shall be inserted the words “of the members”.
In section 307, for the word “commissioners”, where it first and second occurs, there shall be substituted the words “islands or district council”, and for the words “the commissioners”, where they last occur, there shall be substituted the words “any authority”.
Section 310 shall cease to have effect.
In section 312, for the word “officers” there shall be substituted the words “proper officer”.
In section 316, for the word “commissioners”, where it first occurs, there shall be substituted the words “islands or district council”, and in head A, in subsection (8) for the word “burgh” where it second occurs, there shall be substituted the word “district” and for the words from “magistrates” to “burgh”, where it last occurs, there shall be substituted the words “council of that district”.
In section 325, after the word “their”, in both places where it occurs, there shall be inserted the word “proper”.
In section 330, for the words “burgh general assessment” there shall be substituted the words “general or district rate”.
In section 339, the words “the clerk to” shall cease to have effect, and for the word “him” there shall be substituted the word “them”.
In section 341, the words from “and the commissioners” to “within the burgh” shall cease to have effect.
In section 365, for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”.
In section 367, for the words “collector in any burgh” there shall be substituted the words “proper officer of a regional, islands or district council”.
In section 369, after the words “any two” there shall be inserted the words “of the members”.
In section 372, for the words “the general expenses of the town council.” there shall be substituted the words “their general expenses”.
In section 381, in subsection (10), for the words “commissioners or other lawful authority” there shall be substituted the words “appropriate authority”, and in subsections (29) and (49), for the word “commissioners” there shall be substituted the words “to appropriate authority”.
In section 385, for the word “magistrates” there shall be substituted the words “local highway authority”, and for paragraph (4) there shall be substituted the words “and the islands or district council may from time to time make byelaws and issue notices and orders prohibiting or regulating public processions.”.
Section 411 shall cease to have effect.
Section 428 shall cease to have effect.
Section 432 shall cease to have effect.
In Schedule V, in paragraph (2)(d), after the words “one of” there shall be inserted the words “the members of”.
In sections 5 to 20, for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”.
In section 6, the words “of the town clerk or other public office” shall cease to have effect, and after the words “town council,”, where they first occur, there shall be inserted the words “or their proper officer,”.
In section 8, for the words “town clerk” there shall be substituted the words “proper officer of the local highway authority”, for the words “such official as”, there shall be substituted the words “the proper officer of”, and the words “may from time to time appoint” shall cease to have effect.
In section 9,
the words from “to the dean” to “such court”,
the words from “or dean” to “may be”, and
the words from “and any deliverance” onwards, shall cease to have effect.
In section 11, for the words “dean of guild court” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.
Section 13 shall cease to have effect.
In section 16, the words “dean of guild court or” shall cease to have effect.
In section 21, for the words “town council” there shall be substituted the words “islands or district council, or, in the Highland, Borders or Dumfries and Galloway region, the regional council”.
In section 23, for the words “town council” there shall be substituted the words “islands or district council”.
In section 30, for the words “town council” there shall be substituted the words “planning authority within the meaning of section 172 of the Local Government (Scotland) Act 1973”.
In section 31, for the words “burgh surveyor” in each place where they occur, there shall be substituted the words “proper officer of the islands or district council, or, in the Highland, Borders, or Dumfries and Galloway region, the regional council”, and the words from “and may further” onwards shall cease to have effect.
In section 35, for the words “burgh surveyor”, in both places where they occur, there shall be substituted the words “proper officer of the regional or islands council”, and for the words from “the dean”, where they first occur, to “of the matter” there shall be substituted the words “regional or islands council who shall be bound to dispose of the matter”.
Section 37 shall cease to have effect.
Section 39 shall cease to have effect.
In section 41, the following amendments shall be made—
for the words “town council”, in each place where they occur, there shall be substituted the words “local highway authority”,
in subsection (1), in paragraph (a), the words from “or the dean” to “may be”, in paragraph (b), the words “the dean of guild court” and in paragraph (c), the words from “or the dean” to “may be” shall cease to have effect,
in subsection (2), the words “the dean of guild court” shall cease to have effect,
in subsection (3), the words “dean of guild court, as the case may be” shall cease to have effect, and
in subsection (4), the words from “or where” to “it out” shall cease to have effect.
Section 43 shall cease to have effect.
In section 44, for the words “town council” there shall be substituted the words “islands or district council”.
Sections 56 and 57 shall cease to have effect.
In section 58, for the words “town council” in both places where they occur, there shall be substituted the words “regional, islands or district council, as the case may be”.
In section 59, the following amendments shall be made—
for the word “burgh”, in each place where it occurs, there shall be substituted the word “district”.
for the word “town” where first occurring, there shall be substituted the word “district”,
for the words from “county council”, where they first occur, to “county or” there shall be substituted the words “council of the”,
for the word “magistrates” there shall be substituted the word “district council”, and
for the words “county council or town council” where they second occur, there shall be substituted the words “other district council concerned”.
In section 61, the following amendments shall be made—
in subsections (2) and (4), for the words “town council” there shall be substituted the words “local highway authority”.
in subsection (6), for the words “council of a burgh” there shall be substituted the words “local highway authority” and for the words “such burgh” there shall be substituted the words “the area of such authority”.
In sections 64, 67, 68, 79, 80 and 82, for the words “town council” in each place where they occur, there shall be substituted the words “islands or district council”.
In the said section 79, in subsection (2), after the words “constable or” there shall be inserted the word “proper”.
In section 81, for the word “magistrates” there shall be substituted the words “islands or district council:”.
In section 93 the following amendments shall be made—
for the words “town council”, where they first occur, there shall be substituted the words “local highway authority”,
The islands or district council may, from time to time, make byelaws and repeal, alter or amend any byelaws so made, for the protection of trees, shrubbery or ornamental or pleasure grounds in or adjacent to streets.
paragraph (12) shall cease to have effect, and
for the words “the town council”, where they last occur, there shall be substituted the words “a competent authority”.
Section 97 shall cease to have effect.
In section 98, the following amendments shall be made—
in subsection (2), for the words “town council” where they first occur, there shall be substituted the words “appropriate regional, islands or district council exercising functions in any such burgh”, and for the words “a town council” there shall be substituted the words “any such appropriate council”.
in subsection (3), for the words “town council” there shall be substituted the words “appropriate council”, and the proviso shall cease to have effect,
in subsection (4), for the words “a town council” there shall be substituted the words “an appropriate council”, and the words “ “Hollow squares”” shall cease to have effect, and
subsection (8) shall cease to have effect.
Section 99 shall cease to have effect.
Section 101 shall cease to have effect.
In section 103, the following amendments shall be made—
in paragraph (5), for the words from “or local” to “commissioners” there shall be substituted the words “Act or local enactment by the local highway authority”, and for the words “town council”, where they second and third occur, there shall be substituted the words “said authority”,
in paragraph (9), for the words “dean of guild court or town council” there shall be substituted the words “local highway authority”.
in paragraph (12),
the word “Guild” shall cease to have effect,
in sub-paragraph (l), for the words “town council” there shall be substituted the words “regional, islands or district council, as the case may be”, and the words “dean of guild court” shall cease to have effect,
in sub-paragraph (m), for the words from “dean”, where it first occurs, to “burgh surveyor” there shall be substituted the words “local highway authority or their proper officer”.
In section 104(2), the following amendments shall be made—
in paragraph (g), for the words “town council” there shall be substituted the words “local highway authority”, and
for the words from “town council”, where they second occur, to “guild court)” there shall be substituted the words “regional, islands or district council, as the case may be”, and
for the words “town council”, where they last occur, there shall be substituted the words “any such council”.
In section 1,
in subsection (4), the words from “and, where” onwards shall cease to have effect,
in subsection (5),
for the word “county”, where it first and second occurs, there shall be substituted the words “islands area or district”,
for the words “county council” there shall be substituted the word “sheriff”.
in subsection (6), the words “or under section seventy six of the Licensing (Scotland) Act 1903” shall cease to have effect.
In section 2,
for the words from “magistrates” to “of a county” there shall be substituted the words “members of the council of an islands area or district council”,
for the words “burgh or the county” there shall be substituted the words “area of the said council”.
In section 3, for the words “a town council” there shall be substituted the words “an islands or district council”.
Section 237. Chapter Short Title Extent of Repeal 3 Geo. 4. c. 33. The Riotous Assemblies (Scotland) Act 1822. In section 10, the words from “ or the Clerk of Supply ” to “ city or burgh ”, where they occur second. Sections 11 to 14. 6 Geo. 4. c. 22. The Jurors (Scotland) Act 1825. In section 1, the words “ in any county ”. Sections 5 and 6. 1 & 2 Vict. c. 119. The Sheriff Courts (Scotland) Act 1838. Section 27. 16 & 17 Vict. c. 93. The Burgh Harbours (Scotland) Act 1853. The whole Act. 17 & 18 Vict. c. 91. The Lands Valuation (Scotland) Act 1854. Section 39. Section 41. 25 & 26 Vict. c. 19. The General Pier and Harbour Act 1861, Amendment Act 1862. In Part I of Schedule (B), in paragraph (3), the words “ city, town or ”, where first occurring, and the words from “ or if there be none ” onwards. 25 & 26 Vict. c. 105. The Highland Roads and Bridges Act 1862. The whole Act. 29 & 30 Vict. c. 17. The Cattle-sheds in Burghs Act 1866. The whole Act. 30 & 31 Vict. c. 80. The Valuation of Lands (Scotland) Amendment Act 1867. Section 5. 38 & 39 Vict. The Explosives Act 1875 c. 17. Section 109(1). In section 110.2, the words “ for a borough ”. Section 110.3. Section 111(c). Section 112. 41 & 42 Vict. c. 8. The Public Parks (Scotland) Act 1878. In section 2, the words from “ and ” onwards. In section 21, the words “ burgh or ”, in both places where they occur, and the words “ magistrates and town councils or other ”, in both places where they occur. In section 27, the definition of “ burgh ”. 42 & 43 Vict. c. 27. The Convention of Royal Burghs (Scotland) Act 1879. The whole Act. 45 & 46 Vict. c. 49. The Militia Act 1882. Sections 29, 48 and 52. 50 & 51 Vict. c. 35. The Criminal Procedure (Scotland) Act 1887. In section 47, the words from “ but in all cases ” onwards. 50 & 51 Vict. c. 42. The Public Libraries Consolidation (Scotland) Act 1887. Sections 4, 5 and 6. Section 14. Sections 17 to 20. In section 21, the first and second paragraphs and in the seventh paragraph the words “ may not be a householder, and ”. In section 22, the words between “ Scotland ” and “ and shall ”. Section 23. Sections 25 to 27. In section 28, the words “ clerk or other ”. Sections 29 and 30. Schedules (A) and (B). 50 & 51 Vict. c. 51. The Valuation of Lands (Scotland) Amendment Act 1887. Section 2. 52 & 53 Vict. c. 50. The Local Government (Scotland) Act 1889. In section 11, subsections (1), (3) and (5). Section 14. Section 16. Sections 39 to 42. Section 58. Section 67. 54 & 55 Vict. c. 32. The Roads and Streets in Police Burghs (Scotland) Act 1891. The whole Act. 55 & 56 Vict. c. 12. The Roads and Bridges (Scotland) Amendment Act 1892. Section 5. 55 & 56 Vict. c. 54. The Allotments (Scotland) Act 1892. In section 2(1), the words “ of any burgh or parish ”, in both places where they occur. In section 15, the words “ in the burgh or parish ”. In section 16, the definitions of “ burgh ”, “ county ”, “ county elector ”, “ district ” and “ district committee ”. 55 & 56 Vict. c. 55. The Burgh Police (Scotland) Act 1892. Section 4(8) and (9). Section 15. Section 42. Sections 100 and 101. In section 128, the words “ of the Roads and Streets in Police Burghs (Scotland) Act, 1891, and ”. In section 150, the words “ the Dean of Guild Court or ”. Section 201. Section 207. In section 210, the words “ of the clerk ”. Section 223. In section 250, the words “ any of ” and “ or any one of them ”. Section 257. Section 296 and 297. Section 310. In section 339, the words “ the clerk to ”. In section 341 the words from “ and the commissioners ” to “ within the burgh ”. Section 411. Section 428. Section 432. 57 & 58 Vict. c. 20. The Public Libraries (Scotland) Act 1894. The whole Act. 57 & 58 Vict. c. 36. The Valuation of Lands (Scotland) Acts Amendment Act 1894. Section 4. 57 & 58 Vict. c. 58. The Local Government (Scotland) Act 1894. Sections 3 to 25. Sections 42 to 48. In section 54, the definitions of “ police burgh ”, “ Public Health Acts ”, “ Education Acts ” and “ burghs ”. 57 & 58 Vict. c. 60. The Merchant Shipping Act 1894. Section 668(1)(c). 58 & 59 Vict. c. 6. The Convention of Royal Burghs (Scotland) Act 1879, Amendment Act 1895. The whole Act. 59 & 60 Vict. c. 32. The Orkney and Zetland Small Piers and Harbours Act 1896. The whole Act. 60 & 61 Vict. c. 38. The Public Health (Scotland) Act 1897. In section 3, the definitions of “ sanitary inspector ”, “ clerk ”, “ parish ”, “ burgh ”, “ county ” and “ district committee ”. Section 15. In section 18, the words “ magistrate or ” and the word “ magistrate ”, in each place where it occurs. In section 19, the words “ of the county or burgh ”. In section 22, the words “ magistrate or ”, in each place where they occur, and the words “ or on a representation by a parish council ”, “ to the collector of the churchyard or other dues, or ” and the word “ other ” where it second occurs. In sections 23, 25 to 27, 47, 52, 54, 55, 69, 154, 155 and 177, the word “ magistrate ” and the word “ magistrates ” in each place where either of them occurs. Section 28. In section 31, the words “ or of their sanitary inspector ”. In section 32(2), the words from “ but, in the case ” onwards. In section 36(1), the words “ or from a representation by a parish council ”. In section 37, in subsection (1), the words from “ by the county ” to “ any district ”, and the words “ such county council or ”, and in subsection (2), the words from “ and for the purpose ” onwards. In section 39, in the first paragraph, the words “ within such special scavenging district ”. In section 42, the words “ in any special scavenging district ” in both places where they occur. In section 94, the words from “ but in the case ” onwards. Section 118. Section 121. In section 146, in subsection (1), the words “ or for a parish council ”, and “ of the county ”, and in subsection (2), the words “ or for any parish council ”. In section 157, the words “ magistrate or ”. In section 158, the words “ or magistrates ”. In section 162, the words “ magistrate or ”, where they first occur, and the word “ magistrate ”, where it second occurs. Section 191. Section 192. 60 & 61 Vict. c. 53. The Congested Districts (Scotland) Act 1897. In section 10, the words “ and crofting parish ”. 62 & 63 Vict. c. 5. The Public Libraries (Scotland) Act 1899. The whole Act. 62 & 63 Vict. c. 19. The Electric Lighting (Clauses) Act 1899. In the Schedule, in section 1, the definition of “ county council ”. 63 & 64 Vict. c. 49. The Town Councils (Scotland) Act 1900. The whole Act. 3 Edw. 7. c. 33. The Burgh Police (Scotland) Act 1903. In section 6, the words “ of the town clerk or other public office ”. In section 8, the words “ may from time to time appoint ”. In section 9, (a) the words from “ to the dean ” to “ such court ”, (b) the words from “ or dean ” to “ may be ”, and (c) the words from “ and any deliverance ” onwards. Section 13. In section 16, the words “ dean of guild court or ”. In section 31, the words from “ and may further ” onwards. Section 37. Section 39. In section 41, in subsection (1), in paragraph (a), the words from “ or the dean ” to “ may be ”, in paragraph (b) the words “ the dean of guild court ”, and in paragraph (c), the words from “ or the dean ” to “ may be ”; in subsection (2), the words “ the dean of guild court ”; in subsection (3), the words “ dean of guild court, as the case may be ”; and in subsection (4) the words from “ or where ” to “ it out ”. Section 43. Section 56. Section 57. In section 93, paragraph (12). Section 97. In section 98, in subsection (2), the words from “ intimated ” to “ Scotland and ”, in subsection (3), the proviso, in subsection (4), the words Hollow squares Section 99. Section 101. In section 103(12), the word “ Guild ” and in sub-paragraph (1) the words “ dean of guild court ”. 8 Edw. 7. c. 62. The Local Government (Scotland) Act 1908. Sections 3 to 5. Sections 10 and 11. Section 13. Section 15. Sections 19 to 22. Sections 26 to 28. 9 Edw. 7. c. 30. The Cinematograph Act 1909. Sections 5 and 8(3) and (4). 9 Edw. 7. c. 47. The Development and Road Improvement Funds Act 1909. In section 16, the words from “ References to a county ” to “ respective powers and duties ”. 1 & 2 Geo. 5. c. 51. The Burgh Police (Scotland) Amendment Act 1911. In section 1, in subsection (4), the words from “ and, where ” onwards, and, in subsection (6), the words “ or under section seventy six of the Licensing (Scotland) Act, 1903, ”. 1 & 2 Geo. 5. c. 53. The House Letting and Rating (Scotland) Act 1911. The whole Act. 3 & 4 Geo. 5. c. 32. The Ancient Monuments Consolidation and Amendment Act 1913. In section 23(2), the words from “ references to a borough ” to “ county council and ”. 4 & 5 Geo. 5. c. 46. The Milk and Dairies (Scotland) Act 1914. In section 28, the words “ subject to the consent of the Board ”. 5 & 6 Geo. 5. c. 88. The Street Collections Regulation (Scotland) Act 1915. The whole Act. 9 & 10 Geo. 5. c. 97. The Land Settlement (Scotland) Act 1919. Section 18(1). In section 24, the definition of “ parish council ”. 9 & 10 Geo. 5. c. 100. The Electricity (Supply) Act 1919. In section 21, the words “ (including a county council) ”. 10 & 11 Geo. 5. c. 8. The House Letting and Rating (Scotland) Act 1920. The whole Act. 10 & 11 Geo. 5. c. 45. The Public Libraries (Scotland) Act 1920. The whole Act. 12 & 13 Geo. 5. c. 52. The Allotments (Scotland) Act 1922. Section 16. 15 & 16 Geo. 5. c. 33. The Church of Scotland (Property and Endowments) Act 1925. In section 22(4), the words “ continue to ”. In section 32, subsection (3), and in subsection (4), the words “ or other local authority ” in each place where they occur. 15 & 16 Geo. 5. c. 38. The Performing Animals (Regulation) Act 1925. In section 1, in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur and in subsection (7), the words “ subject to payment of the prescribed fee ”. In section 5(3), the words from “ and the fee ” onwards. In section 6(a), the words from “ and any expenses ” onwards. 15 & 16 Geo. 5. c. 68. The Roads Improvement Act 1925. In section 5, in the proviso, paragraph (a). In section 7, the words “ between any of them respectively ”. Section 8. 15 & 16 Geo. 5. c. 82. The Roads and Streets in Police Burghs (Scotland) Act 1925. The whole Act. 16 & 17 Geo. 5. c. 51. The Electricity (Supply) Act 1926. In Schedule 6, the item relating to section 21 of the Electricity (Supply) Act 1919. 18 & 19 Geo. 5. c. 19. The Agricultural Produce (Grading and Marking) Act 1928. In section 4, in subsections (1), (2)(bb) and (2)(c), the words “ or county borough ”. In section 5, the words “ or county borough ”, in each place where they occur, the words “ in the case of a county council ”, the words from “ and in the case ” to “ borough rate ” and the words “ and county boroughs ”. 18 & 19 Geo. 5. c. 29. The Slaughter of Animals (Scotland) Act 1928. In section 2(5), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ”. In section 7(a), the words “ and “local authority” ”. 19 & 20 Geo. 5. c. 25. The Local Government (Scotland) Act 1929. Sections 1 to 3. Sections 5 and 6. Sections 10 and 11. Section 18. Section 24. Section 26. Section 34. Section 41. Section 49(3) and (4). Sections 50 to 52. Section 76. In section 77, subsection (1) other than the definitions of “ Agricultural Lands and Heritages ”, “ Industrial Lands and Heritages ”, “ Freight Transport Lands and Heritages ”, “ Industrial Purposes ” and “ Freight Transport Purposes ”, “ Functions ”, “ Rate ”, “ Rating Authority ” and “ Water Rate ”; and subsections (2) and (3) and (5) to (8). Section 79. Schedules 1, 2 and 5. 19 & 20 Geo. 5. c. 33. The Bridges Act 1929. Section 3. In section 7(3), the words from “ and any question ” onwards. Section 10(1) and (2). 20 & 21 Geo. 5. c. 43. The Road Traffic Act 1930. In section 53, in subsection (2)(b), the words from “ but a right ” onwards, and in subsection (6), the words “ subject to the approval of the Minister ”. In section 56, subsection (2) and in subsection (3), the words from “ or if ” onwards. 21 & 22 Geo. 5. c. 17. The Local Authorities (Publicity) Act 1931. The whole Act. 23 & 24 Geo. 5. c. 44. The Church of Scotland (Property and Endowments) Amendment Act 1933. In section 2(2), the words from “ or, in the case ” onwards. 24 & 25 Geo. 5. c. 50. The Road Traffic Act 1934. Section 23. 25 & 26 Geo. 5. c. 47. The Restriction of Ribbon Development Act 1935. In section 17(2), the words from “ measured ” to “ State ”. 26 Geo. 5. & 1 Edw. 8. c. 48. The Health Resorts and Watering Places Act 1936. The whole Act. 1 Edw. 8 & 1 Geo. 6. c. 5. The Trunk Roads Act 1936. In section 3(2), in paragraph (b), the words from “ shall not ” to “ aforesaid ” and, in paragraph (c), the words “ shall not be exercisable by a county council in any borough or urban district and ”. In section 12, in the proviso to subsection (2)(a), the words “ subsection (2) of section 3 and ”, and, in subsection (9), the proviso. 1 Edw. 8 & 1 Geo. 6. c. 28. The Harbours, Piers and Ferries (Scotland) Act 1937. In section 1(1), the words from “ authorised ” onwards. Section 2(2). In section 10(5), the words from “ and if ” onwards. Section 17. Section 23. In section 31(1), the definition of “ ferry ”. 1 Edw. 8 & 1 Geo. 6. c. 37. The Children and Young Persons (Scotland) Act 1937. In section 110, in subsection (1), the definition of “ Large burgh ”, and subsections (2) and (3)(b). 1 Edw. 8. & 1 Geo. 6. c. 46. The Physical Training and Recreation Act 1937. In section 3(1)(a) and (b), the words “ local authority or ”. In section 10, in subsection (2), the words from “ and for ” onwards, and subsection (9). 1 & 2 Geo. 6. c. 6. The Air-Raid Precautions Act 1937. In section 13, in subsection (4) the words from “ and, as regards ” to the end and subsections (9), (10) and (12). 2 & 3 Geo. 6. c. 31. The Civil Defence Act 1939. In section 91, subsection (2)(d) (e) and (f), in subsection (3) the definitions of “ large burgh ” and “ small burgh ” and subsections (15), (18), (19), (25) and (31). 2 & 3 Geo. 6. c. 44. The House to House Collections Act 1939. Section 7. Section 10(e). In section 11(1), the definitions of “ police area ”, “ police authority ” and “ chief officer of police ”. 3 & 4 Geo. 6. c. 31. The War Charities Act 1940. Section 12(h). 9 & 10 Geo. 6. c. 15. The Public Health (Scotland) Act 1945. In section 1(8) the definitions of “ county ”, “ large burgh ” and “ small burgh ”. 9 & 10 Geo. 6. c. 42. The Water (Scotland) Act 1946. Section 3. In section 9, the words from “ and the Secretary ” onwards. In section 12(3), the words “ against an authority ” and “ to the authority ”. Section 18(2). In section 24(1), the proviso. In section 29(2), in the proviso, the words from “ and any ” onwards. In section 53, in subsection (1), the words from “ in accordance ” to “ may make ”, and subsection (4). In section 84(1) the definition of “ county ”. In Schedule 4, in paragraph 19, the words from “ Any dispute ” onwards, and in paragraph 24(2), the words from “ or as ” onwards. 9 & 10 Geo. 6. c. 77. The Association of County Councils (Scotland) Act 1946. The whole Act. 10 & 11 Geo. 6. c. 22. The Civic Restaurants Act 1947. In section 1, in subsection (1), paragraph (i) of the proviso, subsection (2) and, in subsection (3), the words from “ including ” to “ powers ”. Section 2. In section 3, in subsection (5), the words from “ or where ” onwards, subsection (6) and, in subsection (7), the words from “ or a county ” to “ powers ”, and the words from “ subject ” to “ 1929 ”. 10 & 11 Geo. 6. c. 41. The Fire Services Act 1947. In section 36(2), the words between “ Secretary of State ” and “ for any reference to a combination scheme ”. Schedule 4. . . . . . . . . . 10 & 11 Geo. 6. c. 43. The Local Government (Scotland) Act 1947. Sections 1 to 178. In section 179, paragraphs (2), (4), (5) and (6). Sections 180 to 186. Sections 188 to 192. Section 194. Sections 196 to 215. Sections 217 to 220. In section 221, the words “ corresponding to or as nearly as may be to the year ”. In section 223, the proviso. Sections 224 to 227. In section 229, subsection (2); and, in subsection (3), the words “ or of the provisions of any local Act ” and the words from “ and the provisions ” to the end. Section 230. In section 231, the words “ and save as otherwise provided in any local Act ”, the words “ the office of the collector of the authority or at ” and the word “ other ”. In section 232, in subsection (1), in the proviso, paragraph (c). In section 234, the words from “ made up under ” to the end. In section 235(1), the words from the beginning to “ 1911 ”. In section 237, subsection (2)(f). In section 238, subsection (4). Section 239. In sections 240 and 241, the words from the beginning to “ 1920 ”. In section 243, in subsection (1),the words “ in a local Act or ”. Sections 245 and 246. In section 252, the words from “ whether such expenses ” to “ county council ”. Sections 255 to 257. In section 258, in subsection (1), paragraph (e) and, in paragraph (g), the words from the beginning to “ town council ”; and, in subsection (3), the words from “ and gives ” to the end. In section 259, in subsection (1), paragraph (a); and subsections (2) and (3). In section 260, in subsection (1), in paragraph (e), the words “ in the case of a county council or town council ”; and subsection (2). In section 261, in subsection (1), the words “ on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act ” and the words from “ and all money ” to “ pari passu ”. In section 262(1), in paragraph (b) of the proviso, the words from “ in order ” to “ relates ” and the words from “ in accordance ” onwards. In section 263, in subsection (1), the words “ or under a local Act ”. In section 264, subsection (4). In section 265, in subsection (5), the words “ with the sanction of the Secretary of State ”. In section 266, in subsection (1), the words from “ and if it appears ” to the end; in subsection (3), the words “ with the consent of the Secretary of State ”; and, in subsection (4), the words “ subject to obtaining the consent of the Secretary of State ” and the words “ with the like consent ”. In section 268, in subsection (2), the words from “ Where the treasurer ” to the end. In section 269, in subsection (1), in the proviso, paragraph (a). Section 270. In section 271, in subsection (1), the words from “ by a county council ” to “ section ” and subsection (2). In section 274, the proviso. In section 275, subsection (3). In section 279, the words “ with consent of the Secretary of State ”; and, in the proviso, in paragraph (i), the words from “ shall require ” to “ fund or ”, and paragraph (ii). Sections 297 to 317. Sections 319 to 376. Schedules 1 to 5. In Schedule 7, in Form (1), in Note (1), the words “ of the burgh ”; in Note (2), the word “ district ”; and Note (3). Schedules 9 and 10. 10 & 11 Geo. 6. c. 53. The Town and Country Planning (Scotland) Act 1947. In section 113(1), the definitions of “ large burgh ” and “ small burgh ”. In Schedule 8, the item relating to the Electricity (Supply) Act 1919. 11 & 12 Geo. 6. c. 26. The Local Government Act 1948. Section 17. Sections 21 and 22. Section 24. Sections 26 to 32. Section 101. Part VI. Sections 129 to 132. Sections 134 and 135. Section 138(2). In section 145, in subsection (2), the definitions of “ large burgh ” and “ small burgh ”. 11 & 12 Geo. 6. c. 29. The National Assistance Act 1948. In section 64(1), the definition of “ large burgh ”. In section 65, paragraphs (a) and (b). 11 & 12 Geo. 6. c. 45. The Agriculture (Scotland) Act 1948. Section 79. Schedule 7. 11 & 12 Geo. 6. c. 46. The Employment and Training Act 1948. Section 10(2)(b) and (c). Section 19(4). 11 & 12 Geo. 6. c. 65. The Representation of the People Act 1948. Part V. Schedule 7. 12, 13 & 14 Geo. 6. c. 5. The Civil Defence Act 1948. Section 2(2)(b). 12 & 13 Geo. 6. c. 31. The Water (Scotland) Act 1949. Section 2(2)(b). In section 4(3), the words “ subject to the provisions of subsection (5) of section 16 of this Act ”. Section 8(2). Section 14. Section 16(5). 12 & 13 Geo. 6. c. 32. The Special Roads Act 1949. In section 21(1), the definition of “ large burgh ”. 12, 13 & 14 Geo. 6. c. 47. The Finance Act 1949. In section 15, subsection (1)(a), in subsection (3), the words “ the Hawkers Act 1888, or ” and subsection (5). 12 & 13 Geo. 6. c. 68. The Representation of the People Act 1949. In section 11(2)(b), the words “ or, in Scotland, each electoral division ”. Section 30. Section 31. Section 32. Section 36. Section 37(3). In section 40(2), the words from “ in England ” to “ in Scotland ”. In section 41(2), the words “ Except in Scotland ”. In section 43, in subsection (1), the words from “ and there shall be paid ” onwards, and subsection (8). In section 52(2), in paragraph (a), the words “ or, in the case of an election of town councillors to the town clerk ”. In section 55(6), in paragraph (b), the words “ in England and Wales ”, and paragraph (c). In section 83(4), the word “ district ”. In section 86(4), the words “ town clerk or town clerk depute ” where they first occur. In section 173, in subsection (2), the words from the beginning to “ town councillor and ”; subsection (3); and in subsection (8), the definitions of “ assessor ”, “ burgh ”, “ large burgh ”, and “ small burgh ” and “ elected district councillor ”. Schedule 3. In Schedule 8, in paragraph 5, in sub-paragraph (1), so much of the Table as relates to the Local Government (Scotland) Act 1947, and sub-paragraphs (4), (5) and (6). 12 & 13 Geo. 6. c. 74. The Coast Protection Act 1949. Section 1(3). Section 3. Section 20(7). In section 21, subsections (1)(c) and (3)(b). In section 29, subsections (3) to (7). Section 42. In section 49(4) the words “ maritime county borough or county district ” and the definition of maritime burgh or county. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. In section 78(1), the definitions of “ large burgh ” and “ small burgh ”. 12, 13 & 14 Geo. 6. c. 97. The National Parks and Access to the Countryside Act 1949. Section 21(7). Section 104(11). 14 Geo. 6. c. 24. The Highways (Provision of Cattle Grids) Act 1950. Section 14. Section 16(4). Section 18. 14 Geo. 6. c. 36. The Diseases of Animals Act 1950. In section 43, the words “ with the sanction of the Minister ”. Section 60. Section 61(7). Section 64(2). Section 68. Schedule 4. 14 & 15 Geo. 6. c. 15. The Local Government (Scotland) Act 1951. The whole Act. . . . . . . . . . 14 & 15 Geo. 6. c. 66. The Rivers (Prevention of Pollution) (Scotland) Act 1951. Sections 2 to 5. Section 6(2). Section 8. In section 10, subsections (2) to (4). Section 11. Section 15. In section 18(4), the proviso. Section 26(5). Section 28(9). In section 29(4), the words from “ subject ” onwards. In section 30(1), the words “ river purification boards or ”. In section 35, in subsection (1) the definitions of “ largo burgh ”, “ small burgh ”, and subsection (2). In Schedule 1, in paragraph 7, sub-paragraphs (a) and (b). In Schedule 3, paragraphs 1 and 3. 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61 The Prisons (Scotland) Act 1952. In section 31(3), the words “ burgh magistrates or ”. In section 37(2), the words “ remand home or ”, where first occurring, and the words “ remand home ”, where they subsequently occur. Section 38. Section 41. In section 42(1), the definition of “ remand home ”. 1 & 2 Eliz. 2. c. 36. The Post Office Act 1953. Section 51(5)(c). 1 & 2 Eliz. 2. c. 50. The Auxiliary Forces Act 1953. In section 2(1), in the definition of “ joint association ” the words from “ consisting ” to “ other area ”. Section 47. Part II of Schedule 3. 2 & 3 Eliz. 2. c. 13. The Local Government (Financial Provisions) (Scotland) Act 1954. Sections 1 to 9. 3 & 4 Eliz. 2. c. 27. The Public Libraries (Scotland) Act 1955. Section 3. 4 & 5 Eliz. 2. c. 30. The Food and Drugs (Scotland) Act 1956. In section 21, in subsection (1), the words “ with the approval of the Secretary of State ” and the words from “ and any ” onwards, and subsections (2) and (3). Section 22(2). Section 27(3). 4 & 5 Eliz. 2. c. 52. The Clean Air Act 1956. Section 31(7)(c). 4 & 5 Eliz. 2. c. 60. The Valuation and Rating (Scotland) Act 1956. In section 1, subsections (1) to (4); in subsection (5), the words “ under this section ”; subsection (6); in subsection (7), the words “ appointed under this section ”. Section 4. In section 5, in subsection (1), paragraph (i) and, in paragraph (j), the words from “ or in any burgh ” to “ that burgh ”. In section 16(3), the words from “ of the House ” to “ 1920, or ”. In section 21, in subsection (1), the words “ are situated within the landward area of a county and ”. Section 26. Section 31. Section 37. Section 40. In section 43, in subsection (1), the definitions of “ burgh ”, “ large burgh ” and “ rating authority ”. Schedule 6. 5 & 6 Eliz. 2. c. 40. Act 1957. The Thermal Insulation (Industrial Buildings) In section 4(3) as set out in its application to Scotland, section 12(5), the words “ or, as the case may be, the plans of the building were approved by the local authority ”. 5 & 6 Eliz. 2. c. 48. The Electricity Act 1957. In section 33, subsections (1) and (3). 6 & 7 Eliz. 2. c. 33. The Disabled Persons (Employment) Act 1958. Section 3(4). The Schedule. 6 & 7 Eliz. 2. c. 36. The Physical Training and Recreation Act 1958. Section 1(3). 6 & 7 Eliz. 2. c. 40. The Matrimonial Proceedings (Children) Act 1958. In section 15, the words from “ and the expression ” onwards. 6 & 7 Eliz. 2. c. 64. The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958. Sections 1 to 6. Section 8. Section 18. Schedules 1 to 3. In Schedule 4, paragraph 4 and Part II. 6 & 7 Eliz. 2. c. 69. The Opencast Coal Act 1958. In section 52(2), the words “ local authority ”. In Schedule 1, in paragraph 4(b), the words “ being the council of a county, county borough or county district ” and, in paragraph 11, the words “ to a county borough, to a county district ” and the words “ to a burgh, to a district ”. 7 & 8 Eliz. 2. c. 24. The Building (Scotland) Act 1959. Section 1. In section 2, subsections (1) to (3). In section 6, subsection (8)(a), and, in subsection (9), the words “ or (b) by a local authority to demolish any building ”. Section 7. Section 8(3). In section 9, subsections (7) and (8). In section 10(2) the words “ and the local authority shall thereupon be entitled to act accordingly ”. In section 18, subsection (2), in subsection (4), the words “ the buildings authority or ” where they first occur and the words “ or (2) ” and in subsection (7) the words “ or subsection (2) ”. Section 20(2). Section 21. In section 25, in subsections (2) and (3), the words “ a buildings authority or ”. Section 27. In section 29, in subsection (1) the definitions of “ buildings authority ”, “ burgh ”, “ landward area ” and “ master of works ”, subsections (6) and (7), in subsection (8) the words “ two or more buildings authorities or ” and “ such one of those buildings authorities or, as the case may be ” and subsection (9). In section 30(1), the proviso. Schedules 1 and 2. In Schedule 3, in the heading, the words “ paragraph (a) of ”. In Schedule 6, in paragraph 1 the words “ or a master of works ”. Schedule 8. In Schedule 9, paragraphs 2 and 3. 7 & 8 Eliz. 2. c. 44. The Fire Services Act 1959. Section 7(2). 7 & 8 Eliz. 2. c. 51. The Licensing (ScotIand) Act 1959. In section 6, the words “ or at a special meeting of the magistrates ”. Section 11. In section 13, the words from “ or ” to “ 1949 ”. Sections 15 and 16. In section 18(2), the words from “ burgh ” to “ county ”. In section 29(1), the words “ or town clerk ”. Section 114(1). In section 168(1), the words “ or other area ”. In section 169(4), the words from “ either ” (where it first appears) to “ case ”. In section 175(1), the words from “ or, if the premises ” to “ to a magistrate ” and the words “ or magistrate ”. In section 195, the words “ town clerk ”. In section 199(1), the definition of “ burgh licensing court ” and “ county licensing court ”, and, in the definition of “ licensing court ”, the words “ or two ”. In Schedule 2, in Forms 1 and 3, the words “ parish of and ”; and in Form 2, the words “ burgh of and ”. In Schedule 3, in Form 1, the words “ in the parish (or burgh) of and county of ”. 7 &8 Eliz. 2. c. 70. The Town and Country Planning (Scotland) Act 1959. Section 28. Section 29(2). 8 &9 Eliz. 2. c. 16. The Road Traffic Act 1960. In section 121(4), the words from “ In the application ” onwards. 8 & 9 Eliz. 2. c. 31. The Highlands and Islands Shipping Services Act 1960. In section 5, in the definition of “ Highlands and Islands ”, the words from “ inclusive ” onwards. 8 & 9 Eliz. 2. c. 62. The Caravan Sites and Control of Development Act 1960. Section 27. Section 32(5). 9 & 10 Eliz. 2. c. 32. The Local Authorities (Expenditure on Special Purposes) (Scotland) Act 1961. The whole Act. 9 & 10 Eliz. 2. c. 34. The Factories Act 1961. In section 47(1), the word “ either ” and the words from “ or, where ” to the end. In section 94(3), the words “ in burghs ”. In section 153(3), the words “ a county council and ”. Section 181(3). Section 182(2). 9 & 10 Eliz. 2. c. 40. The Consumer Protection Act 1961. In section 6(3)(b), the words from “ but as if ” onwards. 9 & 10 Eliz. 2. c. 41. The Flood Prevention (Scotland) Act 1961. Section 5. Section 11(5). In section 15(1), the definition of “ burgh ”. 9 & 10 Eliz. 2. c. 43. The Public Authorities (Allowances) Act 1961. Section 2. 10 & 11 Eliz.2. c. 9. The Local Government (Financial Provisions etc.) (Scotland) Act 1962. Section 1. Section 11. 10 & 11 Eliz.2. c. 47. The Education (Scotland) Act 1962. In section 12(1), the words “ of a county ”, the words “ not only ” and the words from “ but also ” to the end. In section 13, the words from “ and shall ” onwards. In section 20, in subsection (1A), paragraph (a) and the words “ acquisition or ”. Section 23. In section 25, in subsection (1)(c), the words “ with the approval of the Secretary of State ”, and subsection (2). In section 66(7), the proviso. In section 85, in subsection (4), the words from “ and for any sub-committee ” to “ control of the authority) ”. In section 86, in subsection (1), the words from “ and, on a vacancy ” onwards, and subsection (2). Sections 88, 89, 90 and 91. In section 145, paragraph (15). 10 & 11 Eliz. 2. c. 51. The Licensing (Scotland) Act 1962. In Schedule 1, the words “ parish of and ”, in both places where they occur. 1963 c. 2. The Betting, Gaming and Lotteries Act 1963. In Schedule 1, in paragraph 1(b), the words “ or 2 ”. In Schedule 2, paragraph 1(2), (3), (4) and (6), and paragraphs 2 and 3. In Schedule 3, in paragraph 2(b), the words “ or committee ”. In Schedule 6, paragraph 2. 1963 c. 12. The Local Government (Financial Provisions) (Scotland) Act 1963. Sections 1 and 2. Sections 4 and 5. In section 7, subsection (5). Section 8. In section 9, subsection (2); in subsection (4), the words “ to county councils and town councils ”; and subsection (7). Section 16. In section 19, in subsection (2), the words “ the expression “local authority” includes a district council, and ”. In section 20, subsection (2). In section 21, subsection (2). Schedule 1. 1963 c. 21. The Education (Scotland) Act 1963. Section 4. 1963 c. 31. The Weights and Measures Act 1963. In section 4(1) the words “ Subject to section 37 of this Act ”. In section 4(2), the words “ and approved for the purpose by the Board ”. In section 5(1) the words “ and to section 37 of this Act ”. In section 5(3), the words “ and approved for the purpose by the Board ”. Section 37. Section 40(2). In section 41, in subsections (1) and (2) the words “ Subject to section 37 of this Act ”. In section 44(1), the words “ with the consent of the Board ”. Section 47. 1963 c. 41. The Offices, Shops and Railway Premises Act 1963. In section 52(3), paragraph (a) and, in paragraph (c), the words “ the council of a county ”. 1963 c. 43. The Animal Boarding Establishments Act 1963. In section 1(2), the words “ not exceeding £2 ”. 1964 c. 40. The Harbours Act 1964. In section 57(1), in the definition of “harbour”, the words “ ferry or ”. 1964 c. 67. The Local Government (Development and Finance) (Scotland) Act 1964. In section 1, subsections (2) and (3). Section 5. Section 6(3). In section 8, subsections (2) and (5). In section 9, in subsection (1), paragraph (b); and subsections (2) and (4). In section 10, subsection (2). Section 15. 1965 c. 13. The Rivers (Prevention of Pollution) (Scotland) Act 1965. Section 1(10). In section 3(2), the words from “ and the proviso ” to the end. 1965 c. 41. The Local Government (Scotland) Act 1947 (Amendment) Act 1965. The whole Act. 1965 c. 49. The Registration of Births, Deaths and Marriages (Scotland) Act 1965. In section 8(5), the words from “ by their ” to “ town clerk ”. In section 56(1), the definition of “ local authority ”. 1965 c. 57. The Nuclear Installations Act 1965. In section 3(3)(d), the words “ or local ”. 1966 c. 9. The Rating Act 1966. In section 2, in subsection (1), in paragraph (b), the words from “ under the House ” to “ 1920, or ”; and, in subsection (12), in paragraph (b), the words from “ or any corresponding provision ” to the end. In section 4, in subsection (5), the words “ or any provision for like purposes contained in any local Act ” and the words from “ or any such provision ” to the end. Sections 5 to 8. 1966 c. 20. The Ministry of Social Security Act 1966. In Schedule 4, paragraph 2(5). 1966 c. 49. The Housing (Scotland) Act 1966. Section 98. In section 107, in subsection (2), the words from “ who are not ” to “ another fire authority ”. In section 147, the words “ subject to the approval of the Secretary of State ”. Sections 173 and 174. In section 184, the words “ the sanitary inspector or ”. In section 185(1)(b), the words “ the sanitary inspector or ” and the words “ of such officer or ”. In section 193, in subsection (1)(a), in head (i), the word “ or ” occurring at the end, and head (ii). Section 201. In section 208(1), the definitions of “ burgh ” and “ large burgh ”. 1966 c. 51. The Local Government (Scotland) Act 1966. In section 2, in subsection (2), in paragraph (b), the words “ and grants under the Rating Act 1966 ”. Section 11(3). Section 28(5). In section 30, subsections (3) and (4). Sections 31 and 32. Section 33(2). Sections 36, 37 and 39. In Schedule 1, in Part I, paragraph 2; and, in paragraph 5(2), the words from “ and joint ” to “ constituent councils ”. In Schedule 1, in Part II, in paragraph 1, the words from “ shall be payable ” to “ burgh, but ”; and paragraph 3. In Schedule 2, in paragraph 19(a), the words “ and, where appropriate, the separately rated areas ”; paragraph 22; and, in paragraph 27, the definitions of “ burgh ” and “ separately rated area ”. In Schedule 5, paragraphs 1 and 4. 1967 c. 8. The Plant Health Act 1967. In section 5(2), the words from “ in such manner ” to “ direct ”. In section 6(3), the words from “ in such ”, where first occurring, to “ direction ”. 1967 c. 69. The Civic Amenities Act 1967. In section 18, in subsection (7), the words “ Subject to the following subsection ” and the words from “ so however ” onwards, subsection (8) and, in subsection (9), the words “ or subsection (8) ”. 1967 c. 76. The Road Traffic Regulation Act 1967. In section 21, subsection (2), in subsection (6), the words from “ and in relation to ” to the end, and subsection (7). In section 29, in subsection (1), the words from “ exercisable ” to “ by him ”, and subsection (2). In section 31(2), the words from “ and where ” onwards. In section 37(5), the words “ in the prescribed manner ”, and the words from “ and in this ” onwards. In section 44, in subsection (2), in the proviso, the words from “ but shall not ” onwards, and in subsection (3)(c) the words “ with the consent of the appropriate Minister ”. In section 69(3), the words from “ but where ” to the end. Section 76(3). Section 105. 1967 c. 77. The Police (Scotland) Act 1967. Section 4(3). In section 15 in subsection (3), the words “ the magistrates of any burgh comprising any part of the area ”, and in subsection (5) the words “ to the magistrates of any burgh, or ” and the words “ respectively, of the burgh or ”. In section 17(3), paragraph (a) and, in paragraph (b), the words from the beginning to “ burgh ”. In section 19, in subsection (2), paragraph (e). In section 51, in subsection (1), the definition of “ burgh ”, and subsection (2). Schedule 1. 1967 c. 78. The Water (Scotland) Act 1967. Sections 1 and 2. In section 5, subsection (1)(a), in subsection (1)(c) the words “ any region, or ” and subsection (3) so far as relating to new regional water boards. Section 8. . . . . . . Part III. Section 28. Section 29 so far as relating to regional water boards. In section 33, in subsection (4), the words “ all local authorities whose districts are affected by the order and ” and paragraph (a). In section 34(1), the definitions of “ constituent council ”, “ local authority ”, “ region ” and “ regional water board ”, in the definition of “ first appointed day ”, the words “ 1(4)(a) or ” and, in the definition of “ second appointed day ”, the words “ 1(4)(b) or ”. In Schedule 1, Part I. In Schedule 2, paragraph 13. Schedule 4 so far as relating to regional water boards, and the following provisions of that Schedule so far as relating to water development boards— paragraph 5(2) and (3), in paragraph 10, the word “ triennial ”, in paragraph 18, the word “ county ”, wherever it occurs, and paragraph 25. 1967 c. 86. The Countryside (Scotland) Act 1967. In section 2, in subsection (1), the words from “ or, before ” onwards, in subsection (2), in paragraph (b), the words “ burghs or other ” and paragraph (d), and subsection (8). In section 41(1)(b), the words “ with the approval of the Secretary of State ”. In section 49, subsections (6) and (7). In section 78(1), the definition of “ district council ”. 1968 c. 16. The New Towns (Scotland) Act 1968. Section 33. In section 34, in subsection (1), the words “ or, as the case may be, regional water board ”, where twice occurring, in subsection (2), the words “ or as the case may be, regional water board ”, where twice occurring, and the words “ or board ”, and, in subsection (3), the words “ or regional water board ”, where twice occurring. In section 41(2), the words from “ so far ” to “ a county ”. In section 47, in subsection (1), the definition of “ regional water board ”, in subsection (6), the words “ or regional water board ”, and subsection (7). 1968 c. 27. The Firearms Act 1968. In section 46(1), the words from “ or any magistrate ” to “ Police Act ”. 1968 c. 29. The Trade Descriptions Act 1968. In section 26(1) the words from “ and section 37 ” to the end. 1968 c. 31. The Housing (Financial Provisions) (Scotland) Act 1968. In section 51, subsection (3). 1968 c. 46. The Health Services and Public Health Act 1968. In section 65(6), in subsection (2A), the last paragraph and, in subsection (2B), paragraph (b). 1968 c. 47. The Sewerage (Scotland) Act 1968. In section 3(4), the words from “ otherwise ” to “ 5 below ”. Section 5. In section 6, the words “ by virtue of an agreement under section 5 above or ”. Section 7(4). In section 10(1), the words “ and approved by the Secretary of State ”. In section 16(1), in paragraph (b), the words from “ whether ” where first occurring, to “ and ”, and in paragraph (c), the words from “ whether ” onwards. In section 18, subsections (4) to (6). Section 19. In section 59(1), the definitions of “ area ”, “ burgh rate ”, “ county rate ” and “ special district sewer rate ”. In Schedule 1, paragraph 1. 1968 c. 49. The Social Work (Scotland) Act 1968. Section 1(3) and (6). Section 2(3). In section 22, the words “ the Secretary of State or ”. In section 36, in subsection (1), the words “ in accordance with the provisions of this section ”, and subsections (3) and (7). In Schedule 3, in paragraph 3, the words after “ Secretary of State ”. 1968 c. 54. The Theatres Act 1968. In section 15(1), the words from “ and in relation ” onwards. 1968 c. 65. The Gaming Act 1968. In Schedule 9, paragraph 2. In Schedule 11, Part II. 1968 c. 73. The Transport Act 1968. In section 9(2), sub-paragraph (i). In section 10(1)(xvi), the words “ and the consent of the Minister ”. Section 11(4). Section 11(5). In section 12(4), the words “ with the consent of the Minister ”. In section 14(3), the words “ and to each of the councils of constituent areas ”. In section 16, in subsection (2), the words from “ and (d) ” onwards, and subsections (3), (4) and (5). In section 18, in subsection (1), the words “ to the Minister and ”, and in subsection (2), the words “ to the Minister and ”. Section 21(5)(a). In section 36, in subsection (2), the words “ subject to subsection (3) of this section ” and subsections (3) to (8). In section 37, in subsection (1), the words from “ with the consent ” to “ State ”, and subsection (2). Section 58. In section 123, the words from “ and ” at the end of subsection (1)(a) to the end of the section. Section 138(7), (8) and (9)(a). Section 151. In Schedule 5, Part I, and, in Part III, paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17, in paragraphs 6, 7 and 9, the words “ the Authority and ” and “ respectively ” in each place where they occur, in paragraph 8, the words “ the Authority or ” and “ the Chairman of the Authority or, as the case may be ”, in paragraph 11, the words “ the Authority or ” in sub-paragraph (a) and “ the Authority ” in sub-paragraph (b), and, in paragraph 13, the words “ the Authority or ”, in both places where they occur, and “ the Authority ”, where those words last occur. In Schedule 16, paragraph 8(1)(d)(ii). 1969 c. 13. The Licensing (Scotland) Act 1969. The whole Act. 1969 c. 15. The Representation of the People Act 1969. Section 6(1). In section 11(3), the words “ or, in Scotland, an electoral division ”. Section 12(2). Section 13(4). In section 13(5), the words “ and rule 18 of those in Schedule 3 ”. In section 14 the words “ and the local elections rules ”. Section 15. Section 19(2) and (4). In Schedule 1, in Part I the words from “ In Schedule 3 (Scottish local elections rules) ” onwards. In Schedule 1, in Part II, paragraph 1(1); paragraph 3; in paragraph 4, the words “ and rule 13 of the Scottish rules ”; paragraph 6(2); paragraph 7; in paragraph 9, the words “ and in rule 37(1) of the Scottish rules ”; in paragraph 10(1), the words “ and in rule 37(3) of the Scottish rules ”; in paragraph 12(1) the proviso; and paragraph 13(3) and (5). In Schedule 2, in paragraph 23, sub-paragraph (2); in paragraph 25, sub-paragraph (1), and in sub-paragraph (2) the words “ and rule 24 of the local elections rules in Schedule 3 ”; in paragraph 26, sub-paragraph (3); in paragraph 27, the words “ and in rule 26 of the local elections rules in Schedule 3 ”; in paragraph 28, the words “ and in rule 33(3)(b) of the local elections rules in Schedule 3 ”; in paragraph 29, subparagraph (2); in paragraph 30, the words “ and rule 41(4) of the local elections rules in Schedule 3 ”; in paragraph 32, the words from “ and a Note ” onwards; in paragraph 33, the words from “ and a note ” onwards; paragraphs 34, 35 and 36; and in paragraph 37, the words “ and in that to Schedule 3 ”. 1969 c. 19. The Decimal Currency Act 1969. In Schedule 2, paragraph 10. 1969 c. 41. The National Mod (Scotland) Act 1969. The whole Act. 1969 c. 49. The Education (Scotland) Act 1969. In section 2(1), the words “ (other than the town council of a burgh being a county of a city) ”. In Schedule 4, in paragraph 7(2), the proviso. 1969 c. xxiv. The Tweed Fisheries Act 1969. Section 3. In section 5(2) the words from “ but ” onwards. 1970 c. 9. The Taxes Management Act 1970. In section 5(2), the words from “ in the county ” onwards. 1970 c. 20. The Roads (Scotland) Act 1970. In section 4(1)(d), the words “ in special scavenging districts ”. In section 28(3), the definition of “ local authority ”. 1970 c. 39. The Local Authorities (Goods and Services) Act 1970. In section 2(2), the words from “ and, in relation ” onwards. 1970 c. 40. The Agriculture Act 1970. Section 93. In section 97(1), the words from “ at any time ” to “ 1969 ”. 1971 c. 7. The Local Authorities (Qualification of Members) Act 1971. The whole Act. 1971 c. 28. The Rent (Scotland) Act 1971. In sections 36(1) and 47(1), the definition of “ rates ”. In section 37, in subsection (2), the words from “ and for the purposes ” to the end, and subsection (6). In section 69, in subsection (l), the definition of “ local authority ”, and, in subsection (4), the words from “ In this ” onwards. In section 82, the definition of “ local authority ”. In section 85(1), the words from “ and which is situated ” to the end. Section 97(1). Section 106(9). Section 125(4). In Schedule 8, paragraph 1(6)(c) and, in paragraph 1(8)(b) the words from “ other than ” to “ 1920 ”. 1971 c. 40. The Fire Precautions Act 1971. In section 17, in subsection (1), in paragraph (ii), the words “ section 1 of ”, and in subsection (2) the words “ or buildings authority ”. 1972 c. 20. The Road Traffic Act 1972. In section 43(3), the words “ or of a large burgh (within the meaning of the Local Government (Scotland) Act 1947 ”. Section 197. 1972 c. 52. The Town and Country Planning (Scotland) Act 1972. Sections 1, 2 and 3. In section 9, subsections (1) and (2). In section 10(2), the words from “ (but not ” to “ local plan) ” In section 13(3), the words from “ but as if ” to the end. In section 25(1), the word “ either ” and the words from first “ or ” onwards. In section 28 subsections (2) and (3). In section 43, in subsection (1), the words from “ and (b) ” onwards, and in subsection (3), the words from “ and the notice ” onwards. In section 63(1), the words from “ then ” to “ State ”. In section 84(1), the words from “ to any ” to “ State and ”. In section 96(1), the words from “ may give ” to “ notice, or ”. In section 107(3), the words “ application for ”. In section 109(1), the words “ with the consent of the Secretary of State ”. In section 111(1), the words “ and confirmed by the Secretary of State ”. In section 112, subsections (2) and (3). In section 113, subsection (2), in subsection (3), the words from “ except ” to “ State ”, and, in subsection (6), the words from “ and on the ” to “ under this section ”. In section 114, subsections (3) and (4). In section 115, in subsection (1), the words from “ and the Secretary ” onwards, and subsection (2). In section 118, in subsection (1), the proviso, subsection (2) and, in subsection (3), the words from the beginning to “ regulations ”. In section 153(1), the words from “ (other ” to “ State) ”. In section 204(7), the words from “ and ” onwards. Section 242(3). In section 260, in subsection (1) the words from “ may give ” to “ confirmation or ”, in subsection (5), paragraph (b) and the words from “ or under ” to “ 61 of this Act ”, and the words from “ may give ” to “ notice or ”, and in subsection (6), the words “ council or ”. Section 261. . . . In section 275(1), the definitions of “ joint planning committee ”, “ large burgh ” and “ small burgh ”. Schedules 1 and 2. In Schedule 10, paragraph 3 and in paragraph 10, the words from “ may give ” to “ confirmation, or ”. In Schedule 22, paragraph 69. 1972 c. 58. The National Health Service (Scotland) Act 1972. In Schedule 6, paragraph 132. 1973 c. 28. The Rate Rebate Act 1973. The whole Act.
Section 29(8)
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Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority.
Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.
Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.
Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.
Information relating to the adoption, care, fostering or education of any particular child or where any particular child is subject to a compulsory supervision order or interim compulsory supervision order (as defined respectively in sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011 (asp 1)) information relating to the order.
Information relating to the financial or business affairs of any particular person (other than the authority).
Information relating to anything done or to be done in respect of any particular person for the purposes of any of the matters referred to in section 27(1) of the Social Work (Scotland) Act 1968 (providing reports on and supervision of certain persons).
The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.
Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.
The identity of the authority (as well as of any other person, by virtue of paragraph 6 above) as the person offering any particular tender for a contract for the supply of goods or services.
Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with— (whether, in either case, proceedings have been commenced or are in contemplation).
any legal proceedings by or against the authority, or
the determination of any matter affecting the authority,
Information which, if disclosed to the public, would reveal that the authority proposes—
to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or
to make an order or direction under any enactment.
Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.
The identity of a protected informant.
Information relating to a person of a description specified in any of paragraphs 1 to 4 of Part I above is not exempt information by virtue of that paragraph unless it relates to a person of that description in the capacity indicated by the description.
Information falling within paragraph 6 of Part I above is not exempt information by virtue of that paragraph if it is required to be registered under—
the Companies Acts (as defined in section 2(1) of the Companies Act 2006);
the Friendly Societies Act 1974;
the Industrial and Provident Societies Acts 1965 to 1978; or
the Building Societies Act 1962.
Information falling within paragraph 8 of Part I above is exempt information if and so long as disclosure to the public of the amount there referred to would be likely to give an advantage to a person entering into, or seeking to enter into, a contract with the authority in respect of the property, goods or services, whether the advantage would arise as against the authority or as against such other persons.
Information falling within paragraph 9 of Part I above is exempt information if and so long as disclosure to the public of the terms would prejudice the authority in those or any other negotiations concerning the property or goods or services.
Information falling within paragraph 11 of Part I above is exempt information if and so long as disclosure to the public of the information would prejudice the authority in those or any other consultations or negotiations in connection with a labour relations matter arising as mentioned in that paragraph.
Information falling within paragraph 13 of Part I above is exempt information if and so long as disclosure to the public might afford an opportunity to a person affected by the notice, order or direction to defeat the purpose or one of the purposes for which the notice, order or direction is to be given or made.
Any reference in this Schedule to “the authority” is a reference to the local authority or, as the case may be, the committee or sub-committee or relevant body in relation to whose proceedings or documents the question whether information is exempt or not falls to be determined and includes a reference—