Local Government etc. (Scotland) Act 1994
Scotland shall, in accordance with the provisions of this Part of this Act, have local government areas for the administration of local government on and after 1st April 1996.
Scotland shall be divided into the local government areas named in column 1 of Part I of Schedule 1 to this Act, and those areas shall comprise the areas described in column 2 of Part I.
On 1st April 1996— shall cease to exist.
all local government areas existing immediately before that date which are regions or districts; and
all regional and district councils,
Part II of Schedule 1 (provisions as to boundaries) shall have effect.
For every local government area there shall be a council consisting of a convener and councillors.
Subject to any provision of this Act and of the Environment Act 1995, the council for each local government area shall on and after 1st April 1996 have all the functions exercised immediately before that date in relation to their area by any existing regional, islands or district council.
The council for each local government area shall be a body corporate by the name “The Council” with the addition of the name of the particular area, and shall have a common seal.
The islands councils of Orkney, Shetland and the Western Isles shall continue to exist as bodies corporate but, on and after 1st April 1996— respectively.
they shall be known as “Orkney Islands Council”, “Shetland Islands Council” and “Western Isles Council”; and
their areas shall be known as “Orkney Islands”, “Shetland Islands” and “Western Isles”,
The islands councils consisting of the councillors elected for the islands areas of Orkney, Shetland and the Western Isles at the ordinary election held in 1994 shall continue as councils until the second ordinary election of councillors for the new councils held under section 5 of this Act.
The council of each local government area shall elect a convener from among the councillors.
A council may elect a member of the council to be depute convener.
Subject to the provisions of this section and of Schedule 2 to this Act, the standing orders of a council may make provision for— of the convener and depute convener.
the duration of the term of office (which may not extend beyond the day on which the poll is held at the next ordinary election of the council); and
the procedure for early removal from office,
The election of the convener shall be the first business transacted at the first meeting of the council held after an ordinary election of councillors and at that meeting, until the convener is elected, the returning officer or, failing him, such councillor as may be selected by the meeting shall preside.
A person holding the office of convener or depute convener shall be eligible for re-election but shall cease to hold office upon ceasing to be a councillor.
On a casual vacancy occurring in the office of convener, 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 depute convener or, failing him, a councillor selected by the meeting shall preside.
The convener of each of the councils of the cities of Aberdeen, Dundee, Edinburgh and Glasgow shall, with effect from 1st April 1996, be known by the title of “Lord Provost”, and the convener of each other council shall be known by such title as that council may decide: Provided that no such other council may, without the consent of the Secretary of State, decide that their convener shall be known by the title of “Lord Provost”.
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Councillors shall retire on the day on which the poll is held at the ordinary election next following the date on which they were elected.
After the ordinary election of councillors in 2017 the next ordinary election shall take place in 2022, and ordinary elections shall take place every fifth year after that.
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For subsection (1) of section 43 of the Representation of the People Act 1983 (day of ordinary local elections in Scotland) substitute—.
Schedule 2 to this Act shall have effect with respect to the establishment of the new local authorities, the suspension of elections of existing authorities and related matters.
This Part of this Act shall have effect, in relation to such establishment, subject to the provisions of that Schedule.
Schedule 2 shall not apply in relation to the councils of Orkney Islands, Shetland Islands and Western Isles.
Subject to the provisions of this section, the Secretary of State may by order make provision with respect to—
the transfer of employees from an existing local authority to a new authority with effect from 1st April 1996; and
any matters arising out of or related to such transfer.
An order under this section may, without prejudice to the generality of subsection (1)(a) above—
make provision as to the new authority to which groups of employees, or particular employees, are to be transferred;
prescribe a general rule or rules by which the transfer of employees, or of specified groups of employees, can be determined.
Each regional and district council shall, in accordance with the provisions of an order made under this section, prepare a scheme in relation to the transfer under or by virtue of this Act of their employees.
No scheme under subsection (3) above shall be made without the consent of the new authority or authorities, or of the new water and sewerage authority or authorities (within the meaning of Part II of this Act), to whom the employees concerned are to be transferred or, failing such consent, without the consent of the Secretary of State.
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An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“authority” means an existing local authority and a new authority;
“fish counter” means any weir or other structure in inland waters primarily used for the purpose of counting fish; and
“existing valuation lists” means the lists maintained under the said section 84 of the 1992 Act on the day on which this section comes into force in relation to the area of any regional council whose area includes any part of the area of the new authority; and
“the 1973 Act” means the Local Government (Scotland) Act 1973; and
“the First-tier Tribunal for Scotland” means the First-tier Tribunal for Scotland, established by section 1 of the Tribunals (Scotland) Act 2014;
“the 1980 Act” means the Water (Scotland) Act 1980;
any management rule made under section 112 of the Civic Government (Scotland) Act 1982 (management rules),
“traffic sign” has the meaning given by section 64(1) of the Road Traffic Regulation Act 1984.
This section applies to any person transferred from an existing local authority to a new authority under or by virtue of an order under section 8 of this Act.
The contract of employment between such a person (the “employee”) and his present employer shall not be terminated by the abolition of that employer but shall have effect from 1st April 1996 (the “transfer date”) as if originally made between the employee and such new authority (his “new employer”) as may be specified in relation to him in an order made under section 8 of this Act.
Without prejudice to subsection (2) above—
all the present employer’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred on the transfer date to the new employer; and
anything done before the transfer date by or in relation to the present employer in respect of that contract or the employee shall be deemed after that date to have been done by or in relation to the new employer.
Subsections (2) and (3) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his terms and conditions of employment, but no such right shall arise by reason only of the change of employer effected by section 8 of this Act.
In this section—
“existing local authority” includes a joint committee and a joint board but does not include an islands authority; and
“new authority” means any of the authorities constituted under section 2 of this Act (other than Orkney Islands, Shetland Islands and Western Isles) and a joint board.
a provision of an instrument made under such a public general Act;
This section applies to a person who at any time after the passing of this Act ceases to be employed by an existing local authority (his “former employer”) if—
the termination of his employment is attributable, directly or indirectly, to any provision made by or under this Act;
he is subsequently employed by another person (his “new employer”); and
by virtue of section 138 of the Employment Rights Act 1996 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part XI of that Act.
Where this section applies to a person, Chapter I of Part XIV of the Employment Rights Act 1996 (computation of a period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions, that is to say—
the period of employment of that person with his former employer shall count as a period of employment with his new employer; and
the change of employer shall not break the continuity of the period of employment.
Where this section applies to a person, the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.
In this section “existing local authority” includes a joint committee and a joint board but does not, subject to any other provision of this Act, include an islands authority.
For the purposes of this section the Secretary of State may, after consulting such associations of local authorities as appear to him to be appropriate— (in this section referred to, in either case, as “the advisory body”) to consider any increase made or proposed to be made by an authority in the remuneration of any of their employees.
designate such existing body as he considers appropriate; or
by order made by statutory instrument establish a new body,
An order under subsection (1)(b) above—
may make provision as to the constitution and membership of the body established; (b) may include provision as to the employment of staff and the remuneration and superannuation of the members and staff of the body; and
may include provision as to the employment of staff and the remuneration and superannuation of the members and staff of the body; and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purpose of enabling them to carry out their functions under this section, the advisory body shall consult and seek information from authorities and, if requested to do so by the advisory body, the Secretary of State may give a direction to any such 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 authority as may be so specified.
If it appears to the advisory body that an 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 consider appropriate for that employee or class of employees, they shall notify the 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 authority to whom they have made a recommendation under subsection (4) above are not complying with that recommendation, then, after giving notice in writing to the 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 associations 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 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 (4) above and specified in the direction.
An authority to whom a direction is given under subsection (3) or subsection (5) above shall comply with the direction.
If at any time in the period of three months beginning on 1st April 1996 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 (4) above or, having made such a recommendation before that date, would have referred the matter to the Secretary of State under subsection (5) 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 1st April 1996 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 (7) above the Secretary of State may, after such consultation as is specified in subsection (5) above, by order made by statutory instrument provide that, for the purposes of the provisions of this Act, or of any regulations made under section 24 of the Superannuation Act 1972 (compensation for loss of office etc.), 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 1st April 1996 or such earlier date as may be specified in the report, remuneration at the rate stated in the report and specified in the order.
An order made under subsection (8) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“existing local authority” includes a joint committee and a joint board; and
“new authority” means any of the authorities constituted under section 2 of this Act (other than Orkney Islands, Shetland Islands or Western Isles), a residuary body and a joint board.
The Secretary of State may not give a direction under subsection (5) above nor make an order under subsection (8) above after 31st March 1997.
The Secretary of State shall, after such consultation, whether before or after the passing of this Act, as he thinks fit, by order establish a staff commission for the purpose of carrying out such functions in relation to the staff and staffing of authorities as he may consider appropriate.
Without prejudice to the generality of subsection (1) above, an order under this section may confer on the staff commission the functions of—
considering and keeping under review the arrangements for the recruitment of staff by new authorities and for the transfer in consequence of this Act or of any instrument made under it of staff employed by existing local authorities which cease to exist by virtue of Chapter 1 of this Part of this Act;
considering such staffing problems arising out of, in consequence of or in connection with any provision of or instrument made under this Act as may be referred to them by the Secretary of State or by any authority;
advising the Secretary of State as to the steps necessary to safeguard the interests of such staff; and
advising authorities, either by the commission or by persons nominated by them.
An order under this section may make provision as to the constitution and membership of the commission, the appointment and removal from office by the Secretary of State of the chairman and members of the commission, the employment of staff and the remuneration and superannuation of the members and staff of the commission.
The Secretary of State may give directions—
to the staff commission as to—
the carrying out by them of their functions; and
their procedure;
to any authority with respect to the furnishing by them of information requested by the commission; and
to any authority with respect to—
the implementation by them of any advice given by, or by persons nominated by, the commission; and
the payment by them of any expenses incurred by the commission in doing anything requested by them.
Any expenses incurred by the staff commission and not recovered by them from an authority shall be paid by the Secretary of State out of money provided by Parliament.
The Secretary of State may by order provide for the winding up of the commission and the disposal of their assets.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“new authority” means any of the authorities constituted under section 2 of this Act (other than Orkney Islands, Shetland Islands or Western Isles), a residuary body and a joint board; and
“polling district” means a polling district for regional council elections as at 1st December 1993; and
“activity”, where it is an activity such as is mentioned in—
any charging order made before 1st April 1996 under subsection (1) or (3) of section 65 (including any charging order so made by virtue of the said section 76H(8));
any order made before that date under subsection (2) of section 66; or
any right conferred by those sections to recover expenditure provided that the expenditure was incurred before that date.
This section applies to any person who at any time after the passing of this Act is in the service of— and who suffers loss of employment or diminution of emoluments which is attributable to any provision made by, under or by virtue of this Act.
an existing local authority;
a new authority; or
a residuary body,
Where the Secretary of State makes provision by regulations under section 24 of the Superannuation Act 1972 (compensation for loss of office etc.) in relation to compensation in respect of any such loss or diminution as is referred to in subsection (1) above, such compensation shall be paid only in accordance with those regulations; and accordingly none of the bodies mentioned in subsection (1) above shall pay any such compensation under any other statutory provision, by virtue of any provision in a contract, or otherwise.
Subsection (2) above shall not preclude the making of any payment to which a person is entitled by virtue of contractual rights acquired by him on or before 9th December 1993.
Regulations under the said section 24 shall not provide compensation for a person to whom this section applies in respect of any such loss or diminution as is mentioned in subsection (1) above so far as attributable to the termination (without prejudice to the provision of compensation where the said loss or diminution is attributable otherwise than to such termination) on or before 1st April 1996 of a contract made after 9th December 1993 which provides for the employment of that person for a fixed term extending beyond 1st April 1996.
For the purpose of determining under section 138 or 141 of the Employment Rights Act 1996 (renewal of contract or re-engagement) — there shall be treated as forming part of the remuneration payable under the new contract any compensation to which that person is or, if he accepted the offer, would be entitled in accordance with this section.
whether the provisions of a new contract offered to a person employed by any such body as is mentioned in subsection (1) above differ from the corresponding provisions of his previous contract; and
whether employment under the new contract is suitable in relation to that person,
Except as provided in subsection (5) above nothing in this section shall be construed as affecting any entitlement to a redundancy payment under Part XI of the Employment Rights Act 1996 or to any payment by virtue of any provision of the Superannuation Act 1972 other than the said section 24.
In this section—
If a new authority enter into a contract of employment with a person who has received or is entitled to receive a redundancy payment under Part XI of the Employment Rights Act 1996— the authority shall, if the Secretary of State so directs, pay to him, or to such person as he may direct, an amount equal to the redundancy payment.
by reason of his dismissal at any time—
after the passing of this Act by a regional or district council; or
after the passing of this Act and before 1st April 1996 by a joint committee or a joint board; or
by reason of his having been employed, immediately before 1st April 1996, by such a council, committee or board under a contract of employment which would have continued but for the abolition of such councils, committees or boards on that date and who is not transferred to a new authority by virtue of an order under section 8 of this Act,
The Secretary of State shall not give a direction under subsection (1) above in respect of the employment of any person by a new authority if the authority satisfy him—
that they could not reasonably have made that person an offer of employment on the terms and conditions of the contract first mentioned in that subsection which, if accepted by him, would have precluded his entitlement to the redundancy payment; or
that the authority made such an offer but that the person concerned acted reasonably in refusing it; or
that he could reasonably have refused such an offer if it had been made by the authority.
In any case in which an amount is payable by a new authority under subsection (1) above there shall also be payable by them to the Secretary of State or to such person as he may direct an amount equal to any compensation under the regulations referred to in section 13(2) of this Act which has been paid or is payable to the person concerned before the time when he enters into the contract.
In this section “new authority” means any of the authorities constituted under section 2 of this Act and a joint board.
Subject to subsection (5) below, the Secretary of State may by order provide that any property vested in one or more existing local authorities immediately before 1st April 1996 shall on that date be transferred to and vest in such new authority or authorities as may be specified in or determined under the order.
An order under this section may include provision for the transfer of all rights, liabilities and obligations of an existing local authority on 1st April 1996 to such new authority or authorities as may be specified in or determined under the order.
An order under this section may make different provision in relation to—
different items or categories of property;
different, or different categories of, rights, liabilities or obligations; and
different authorities.
The power to transfer property conferred by this section includes power to transfer property which is held by an existing local authority as part of the common good, but such property may not be transferred to a residuary body and, in administering such property, any authority to which it is transferred shall—
except in the case of the councils for Aberdeen, Dundee, Edinburgh and Glasgow, have regard to the interests of the inhabitants of the area to which the common good related prior to 16th May 1975; and
in the case of the councils for Aberdeen, Dundee, Edinburgh and Glasgow, have regard to the interests of all the inhabitants of their areas.
This section does not apply to any property which is transferred under or by virtue of section 16, 17 or 91 of this Act.
Orders under this section shall be made by statutory instrument, and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
For the purposes of this section—
All property held on trust immediately before 1st April 1996 by— shall on that day be transferred to and vest (subject to the same trust) in the appropriate new authority.
an existing local authority; or
a councillor and the proper officer or a specified officer of such an authority,
The authority 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 1st April 1996 by the persons mentioned in subsection (1)(b) above, the authority shall nominate the proper officer as one of the trustees.
All property held on trust immediately before 1st April 1996 by a specified officer of an existing local authority shall on that date be transferred to and vest (subject to the same trust) in the proper officer of the appropriate new authority.
Where, immediately before 1st April 1996, property is held on trust by the holder of an office, whether as a councillor, the proper officer or a specified officer, connected with an existing local authority or authorities and any other person, the appropriate new authority or authorities 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 authority or authorities shall nominate their proper officer or the proper officer of one of them as one of the trustees.
Where the area of the existing local authority in which, or in any councillor or officer of which, any trust property is vested falls entirely within the area of a new authority, that new authority is the appropriate new authority for the purposes of this section.
Where the area of the existing local authority in which, or in any councillor or officer of which, any trust property is vested falls within the area of two or more new authorities, those authorities may agree in writing as to which of them is or are the appropriate new authority or authorities for the purposes of this section; and such agreement shall be conclusive as to the vesting of the property in one or more of those new authorities.
Where the authorities mentioned in subsection (6) above cannot reach agreement as to the vesting of any trust property any of them may refer the matter to the Secretary of State, who may give a direction as to which is the appropriate authority or, as the case may be, which are the appropriate authorities; and a direction by the Secretary of State under this subsection shall be conclusive as to the vesting of the trust property in the new authority or authorities concerned.
An agreement under subsection (6) above and a direction under subsection (7) above may relate to trust property generally, or to particular items, types or classes of such property, or to trust property situated in a particular part of an authority’s area.
In this section—
a provision of an order which was subject to special parliamentary procedure;
This section shall not apply to property which is subject to section 17 of this Act.
Where, immediately before 1st April 1996, educational endowments are to any extent vested in an existing local authority, the Secretary of State may by order make schemes providing for such endowments, on that date, to be transferred to and vest to the same extent in such new authority or authorities as may be specified in or determined under the scheme.
A scheme made under this section may provide for educational endowments, to the extent that they are vested by virtue of his office in the holder of an office connected with an existing local authority or in a person nominated by such an authority, to be transferred to and vest in a person holding an office in, or nominated by, such new authority or authorities as may be specified in or determined under the scheme.
A scheme under this section may provide for powers with respect to an educational endowment which are vested in an existing local authority or, by virtue of his office, in the holder of an office connected with such an authority or in a person nominated by such an authority, to be transferred to and vest in such new authority or authorities or, as the case may be, in a person holding office connected with, or nominated by, such an authority, as may be specified in or determined under the scheme.
A scheme under this section may provide for any rights to be paid money out of an educational endowment which are vested in an existing local authority to be transferred to and vest in such new authority or authorities as may be specified in or determined under the scheme.
The Secretary of State may require any existing local authority to provide him, in such form as he may specify, with their proposals for the transfer, in accordance with the provisions of this section, of any such educational endowments, powers or rights as are mentioned in subsections (1), (2), (3) or (4) above.
Subject to subsection (7) below, a scheme under this section may make such provision in relation to an educational endowment as the Secretary of State considers appropriate and, without prejudice to the generality of the foregoing, may include provision for—
amending or revoking the governing instrument of an endowment;
grouping, amalgamating, combining or dividing any endowments;
the purposes to which, and the conditions under which, any such endowments may be applied;
incorporating or establishing new governing bodies, or dissolving, combining or uniting any governing bodies;
the powers of the governing body of any endowment.
In exercising his powers under subsection (6) above, the Secretary of State shall make no more changes with respect to any endowment than appear to him to be necessary or expedient in consequence of the alteration of local government areas effected by this Part of this Act.
Schemes under this section may make different provision in relation to different endowments or categories of endowment, different provision in respect of different items or categories of property, rights, liabilities and obligations, and different provision in respect of different authorities.
Subject to the provisions of the governing instrument of an educational endowment (including such an instrument made or amended by a scheme under this section), where, as the result of the election of a new authority occurring after 1st April 1996, 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.
Section 19 of this Act applies in relation to educational endowments as it applies in relation to the property referred to in that section.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Expressions used in this section and in Part VI of the Education (Scotland) Act 1980 have the same meaning in this section as in that Part.
Nothing in this section shall affect any other power to reorganise any educational endowment or otherwise to alter the provisions of any trust.
In this section—
“records” shall be construed in accordance with section 53 of this Act;
The Secretary of State may by order establish one or more bodies, to be known as “residuary bodies”, for the purpose of— as he may so prescribe.
taking over and exercising such functions with respect to such property, rights and liabilities as may be transferred under section 15 of this Act; and
exercising such other functions, including, without prejudice to the generality of the foregoing, any functions which may be conferred on a property commission under section 19 of this Act,
An order under this section may apply to a residuary body, with such modifications as may be specified, any enactment which applies to a local authority in Scotland.
The Secretary of State may give directions to a residuary body as to—
the carrying out by them of any of their functions; and
the exercise by them of any of the powers conferred on them by or under this section.
The Secretary of State may require a residuary body to make payments of such amounts, and at such times, as he may specify to a local authority or a joint board.
The Secretary of State may require any local authority in the area in which a residuary body operates to meet such proportion of their expenses as he may determine.
Any expenses incurred by a residuary body shall, in so far as they are not otherwise met, be paid by the Secretary of State out of money provided by Parliament.
The Secretary of State may direct a residuary body to prepare, within such time as he may specify in the direction, a scheme for their winding up and for the disposal of their property, rights and liabilities.
Subject to subsection (9) below, where a residuary body have prepared a scheme such as is mentioned in subsection (7) above, the Secretary of State may by order give effect to that scheme, subject to any modifications he considers appropriate, and any such order may—
include provision for the disposal, whether by transfer or otherwise, of the body’s property; and
contain such supplementary and transitional provision as the Secretary of State thinks necessary or expedient.
Where a residuary body is wound up in accordance with an order under subsection (8) above sections 8, 9, 10 and 13 of this Act shall apply, with any necessary modifications, to the staff of the residuary body as they apply to the staff of an existing local authority.
Schedule 3 to this Act has effect in relation to residuary bodies.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Subject to subsection (2) below and after such consultation, whether before or after the passing of this Act, as he considers appropriate, the Secretary of State may by order establish a property commission for the purpose of— and for the purposes of this section “property” includes property held on trust to which section 16 of this Act applies.
advising authorities on matters relating to property to be transferred from existing local authorities to new authorities;
advising the Secretary of State on the general principles on which such property should be transferred; and
carrying out such other functions in relation to the transfer of property as may be specified in the order,
An order under this section may make provision as to the constitution and membership of the commission, the appointment and removal from office by the Secretary of State of the chairman and members of the commission, the employment of staff and the remuneration and superannuation of the members and staff of the commission.
The Secretary of State may give directions—
to the commission as to the carrying out by them of their functions;
as to the area or areas in which the commission are to carry out their functions;
as to the procedure to be followed by the commission;
for the supplying of information to the commission by any authority; and
to any authority—
as to the implementation of advice given to them by the commission; and
as to the payment by them of any expenses incurred by the commission in doing anything requested of them by that authority.
The Secretary of State may by order provide for the winding up of the commission and the disposal of their assets.
Any expenses incurred by the property commission and not recovered by them from an authority shall be paid by the Secretary of State out of money provided by Parliament.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
After section 62 of the 1973 Act (standing orders, etc.) there shall be inserted—.
In section 211 of the 1973 Act (provisions for default of local authority), after subsection (4) insert—.
Subject to subsection (2) below, schemes for the establishment of community councils made and approved under section 52 of the 1973 Act, including any such schemes as amended by virtue of section 53 of that Act, which are effective immediately before 1st April 1996 shall continue to have effect in respect of the area, or part of an area, to which they apply on and after that date.
Without prejudice to their duty under section 53 of the 1973 Act, on and after 1st April 1996, a local authority may revoke a scheme (or an amended scheme) such as is mentioned in subsection (1) above in so far as it relates to their area and make a new scheme in accordance with this section.
Where a local authority propose to make a new scheme such as is mentioned in subsection (2) above—
they shall give public notice of their intention to revoke the existing scheme and make a new 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 paragraph (a) 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 that 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, will help the public to make a reasonable appraisal of the scheme;
the notice mentioned in paragraph (b) above shall invite the public, within a period of not less than eight weeks from the date of the notice, to make representations to the local authority as respects the draft scheme;
after considering any representations made under paragraph (c) above, the local authority may, after giving public notice of the amendments to the proposals and a further invitation to make representations, amend the draft scheme to take account of those representations and adopt it;
the local authority shall give public notice of the scheme in its adopted 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 authority for the establishment of a community council in accordance with the scheme.
Every council shall have a duty to prepare a draft decentralisation scheme for their area in accordance with this section.
A draft decentralisation scheme shall contain a council’s proposals for the administration of their functions within the whole area of the council and shall specify the date or dates by which such a draft scheme shall be implemented and, without prejudice to the generality of the foregoing, may include provision as to—
arrangements for the holding of meetings of the council (or any committee or sub-committee of the council) at particular places within the area of the council;
the establishment of committees for particular areas and the delegation to those committees (under section 56 of the 1973 Act) of specified functions of the council;
the location of offices of the council within the council’s area, the staffing of such offices and the delegation to members of staff (under the said section 56) of specified functions;
the provision of facilities at particular places within the area of the council where advice may be obtained on services provided by the council.
Every council shall, before 1st April 1997, give public notice of the fact that they have prepared a draft decentralisation scheme and of the places within their area where copies of the draft scheme may be inspected, 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 to the council representations as regards the draft scheme.
Every council shall, during the period mentioned in subsection (3) above, consult the community councils within their area about the draft scheme.
After considering any representations made under subsection (3) or (4) above, the council may amend the draft scheme (whether to take account of those representations or otherwise) and shall adopt the scheme.
After the scheme has been adopted, the council shall—
send a copy of the scheme in its adopted form to the Secretary of State; and
give public notice of such scheme.
Where a scheme has been adopted, it shall be the duty of the council concerned to implement the scheme by the date or dates specified in the scheme.
A council may amend a scheme adopted under this section or revoke and replace such a scheme but the amended scheme or, as the case may be, new scheme shall be adopted in accordance with the provisions of this section, subject to such modifications as are necessary.
The Secretary of State may, after consulting such associations of local authorities and such other persons as appear to him to be appropriate, issue guidance with respect to the form and content of decentralisation schemes.
A council shall take account of any guidance issued under subsection (9) above.
After section 94 of the 1992 Act insert—.
The Secretary of State may with the consent of the Treasury make grants of such amounts, and subject to such conditions, to local authorities as he considers appropriate.
A local authority may with the consent of the Secretary of State (who shall in turn seek the consent of the Treasury) borrow by way of temporary loan or overdraft from a bank or otherwise any sums which they may temporarily require for the purpose of defraying expenses (including the payment of sums due by them to meet the expenses of other authorities) pending the receipt of revenues receivable by them after 1st April 1996.
Grants made under this section shall be made out of money provided by Parliament.
In this section “local authority” means any of the local authorities the members of which are to be elected, in accordance with section 5 of this Act, on 6th April 1995.
Subject to the provisions of this section, the local assessor for each new local authority area shall compile for the council for that area, from the existing valuation lists, a valuation list as at 1st April 1996.
The provisions of section 84 of the 1992 Act (compilation and maintenance of valuation lists) shall apply, with any necessary modifications, to a valuation list compiled under subsection (1) above as they apply to a valuation list compiled under that section.
As soon as reasonably practicable after compiling a valuation list under subsection (1) above, the local assessor shall send a copy of the list to the council for whose area the list was compiled; and the council shall, as soon as reasonably practicable, deposit it at their principal office.
Subsection (1) above does not apply to the local assessors for the councils of the Borders, Dumfries and Galloway, Fife, Highland, Orkney Islands, Shetland Islands or Western Isles.
In this section—
“existing valuation lists” means the lists maintained under the said section 84 of the 1992 Act on the day on which this section comes into force in relation to the area of any regional council whose area includes any part of the area of the new authority; and
“prescribed” means prescribed in regulations under this section; and
sections 65, 66 and 67;
the words from “; and section 65” to the end in section 76H(8); and
the words “, save in sections 64 to 67,” in the definition of “owner” in section 109(1),
A local assessor shall compile a list under this section by extrapolating from the existing valuation lists and, accordingly, except to the extent that valuation may be required to be carried out under any provision of the 1992 Act, shall not carry out any valuation of property for the purposes of a list compiled under this section.
Each local authority area shall be a valuation area, and the council of each area shall be the valuation authority for that area; and on and after 1st April 1996 the valuation authorities constituted under this section shall have and exercise in relation to valuation the powers exercisable by valuation authorities immediately prior to that date.
Every valuation authority shall, in accordance with the provisions of this section, appoint an assessor and such number of depute assessors as the authority may consider necessary for the purposes of the Valuation Acts; and any assessor or depute assessor appointed under the 1973 Act by a regional or islands council and holding office immediately before 1st April 1996 shall cease to hold office on that date.
The Secretary of State shall by order prescribe the qualifications required to be possessed by any person appointed to the office of assessor or depute assessor and, except as otherwise provided in such an order, a person shall not be appointed as assessor or depute assessor unless he possesses the qualifications so prescribed.
A depute assessor appointed under this section shall have and may exercise all the functions of an assessor so appointed.
An assessor or depute assessor appointed under this section shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.
An assessor or depute assessor appointed under this section shall hold office during the pleasure of the valuation authority but shall not be removed from office (or required to resign as an alternative thereto) except— and before deciding whether or not to give such consent the Secretary of State shall give the authority and the assessor an opportunity of being heard by a person appointed by the Secretary of State.
by a resolution of the authority passed by not less than two-thirds of the members present at a meeting of the authority the notice of which specifies as an item of business the consideration of the removal from office of the assessor or his being required to resign; and
with the consent of the Secretary of State,
If it appears to the Secretary of State that any functions, or any functions in any area, of two or more valuation authorities should be discharged jointly by those authorities, he may by order establish a joint board in accordance with this section.
The Scottish Ministers may, if lands and heritages specified in an order made under section 6A(1)(aa) of the Valuation and Rating (Scotland) Act 1956 (c. 60) (power of Scottish Ministers to combine lands and heritages) are situated in more than one valuation area, provide, by order, that an assessor appointed by a valuation authority is to—
value those lands and heritages; and
if the order under that section of that Act so requires, apportion their rateable value in the manner set out in the order.
An order under subsection (7) above shall delegate to the joint board such of the functions of the valuation authorities concerned under the Valuation Acts as may be specified in the order and may include such incidental, consequential and supplemental provision as the Secretary of State considers necessary or expedient for bringing the order into operation and for giving full effect thereto.
An order under subsection (6A) above may include such incidental, consequential and supplemental provision as the Scottish Ministers consider necessary or expedient for bringing the order into operation and for giving full effect thereto.
Without prejudice to the generality of subsection (8) above, an order under subsection (7) above may include provision with respect to— and may, without prejudice to the generality of paragraphs (a) to (f) above, apply (with or without modifications) any of the provisions of Part V of the 1973 Act to a joint board established under subsection (7) above 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 authorities concerned;
the transfer to the joint board of any staff of the authorities concerned;
the supply of services or facilities by the authorities concerned to the joint board; and
the dissolution of the joint board,
Without prejudice to the generality of subsections (6A) and (6B) above, an order under subsection (6A) above may provide—
that the assessor to whom the order relates is, for the purposes of giving effect to the order, to have such powers in relation to each valuation area in which there is situated lands and heritages to be valued in pursuance of the order as he has in relation to the area of the valuation authority which appointed him; and
that the First-tier Tribunal for Scotland may hear and determine appeals and complaints under the Valuation Acts in relation to the assessment of the lands and heritages to be valued in pursuance of the order.
A joint board established under subsection (7) above shall be a body corporate and shall have a common seal.
Before making an order under subsection (6A) above, the Scottish Ministers shall consult such associations of local authorities and such other persons as they think appropriate.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Any reference in any enactment to a valuation authority shall, where any function to which that enactment relates is for the time being exercised by a joint board established under this section, include any such joint board.
Subject to the provisions of this section, the assessor for each valuation area shall make up for the valuation authority for that area, from the existing valuation rolls, a valuation roll as at 1st April 1996.
Subsection (1) above does not apply to the assessors for the councils of the Borders, Dumfries and Galloway, Fife, Highland, Orkney Islands, Shetland Islands or Western Isles.
In this section “existing valuation rolls” means the rolls made up under subsection (1) of section 1 of the 1975 Act (valuation roll and revaluation) and in force by virtue of subsection (2) of that section on the day on which this section comes into force in relation to the area of any existing valuation authority whose area includes any part of the area of the new valuation authority.
Valuation rolls made up under this section shall be made up in the form prescribed for the purposes of section 1 of the 1975 Act; and subsections (4) and (5) of that section shall apply to such rolls as they apply to valuation rolls made up under subsection (1) of that section.
An assessor shall make up a valuation roll under this section by extrapolating from the existing valuation rolls, and accordingly, except to the extent that alteration of the valuation roll may be required to be carried out under section 2 of the 1975 Act (alteration to valuation roll in force), shall not make any alteration of the entries in the roll for the purposes of a roll made up under this section.
between 1st April 1996 and 31st March 2023—
valuation appeal panels and valuation appeal committees shall be constituted for each valuation area, in accordance with the provisions of this section and with regulations made by the Secretary of State, for the purpose of hearing and determining appeals and complaints—
under the Valuation Acts; and
under sections 81(1) and 87(6) of the 1992 Act (council tax appeals); and
every local valuation panel and valuation appeal committee constituted under section 4 of the 1975 Act shall cease to exist, and that section shall cease to have effect.
A valuation appeal committee shall consist of members of a valuation appeal panel, and members of such a panel shall be appointed by the sheriff principal after such consultation as he thinks fit.
With effect from 1st April 2023 the First-tier Tribunal for Scotland must hear and determine the appeals and complaints specified in subsection (1)(a)(i) and (ii).
Regulations under this section may make provision— and regulations under this section may make different provision in respect of different valuation appeal areas or different valuation panels.
for one valuation appeal panel to be appointed to serve two or more valuation areas;
as to—
the qualifications of members of a valuation appeal panel, and of any secretary or assistant secretary to be appointed to such a panel;
the maximum and minimum number of members of any such panel; and
the termination of the appointment of such members;
with respect to the appointment of—
one of those members as chairman of the panel;
such number of deputy chairmen as the sheriff principal considers appropriate; and
a secretary and, if the sheriff principal considers it necessary, an assistant secretary or assistant secretaries of the panel;
as to—
the number of valuation appeal committees to be formed from a valuation appeal panel;
the maximum and minimum number of members of such a committee; and
the manner in which members of a valuation appeal committee are to be selected from a valuation appeal panel;
as to the terms and conditions of employment (including remuneration and allowances) of any secretary or assistant secretary of a valuation appeal panel;
as to the payment to members of a valuation appeal panel and a valuation appeal committee of such allowances as the Secretary of State may determine;
as to the defraying of any expenses incurred by a valuation appeal panel or committee; and
for any other matter which appears to the Secretary of State to be necessary, expedient or appropriate for the purpose of the administration of valuation appeal panels and committees,
All members of a valuation appeal panel shall reside or be engaged in business or be employed in the valuation area or areas for which the panel is responsible; and no person appointed as the secretary or an assistant secretary of a panel shall be an officer of a local authority or shall by himself or by any partner or assistant appear before a valuation appeal committee for that area.
A valuation authority may pay reasonable subscriptions, whether annually or otherwise, to the funds of any association of members or officers of valuation appeal panels or valuation appeal committees formed for the purpose of consultation as to the common interests of those panels or committees and the discussion of matters relating to valuation.
The provisions of the Valuation Acts with regard to appeals and complaints apply, with any necessary modifications—
between 1st April 1996 and 31st March 2023 to a committee constituted under this section in the same manner as they applied before 1st April 1996 to a committee constituted under the 1975 Act, and
from 1st April 2023 to the First-tier Tribunal for Scotland in the same manner as they applied before that date to a committee constituted under this section.
Where the area served by a valuation appeal panel is situated in more than one sheriffdom, its members shall be appointed by the sheriff principal for such one of those sheriffdoms as the Secretary of State may direct.
Regulations 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.
The rating authority for any local government area shall be the local authority for that area 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 this section.
For section 124 of the 1973 Act (education committees) there shall be substituted—.
Section 23 of the Education (Scotland) Act 1980 (provision by education authority for education of pupils belonging to areas of other authorities) shall be amended in accordance with this section.
After subsection (1) there shall be inserted—.
After subsection (3) there shall be inserted—.
After section 4 of the 1972 Act insert—.
Schedule 4 to this Act, which makes further amendments to the 1972 Act, shall have effect.
After section 21 of the Police (Scotland) Act 1967 there shall be inserted the following section—.
For section 20 of the Police (Scotland) Act 1967 there shall be substituted the following section—.
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Without prejudice to subsection (3) of section 135A of the 1973 Act (transitional provision in variation orders), a variation order under the said section 135A may include provision for the termination of appointment on 31st March 1996 of those members of the board appointed by regional or district councils.
Each council constituted under section 2 of this Act shall, by no later than 31st March 1996, determine which members of that council shall be appointed with effect from 1st April 1996, in accordance with a variation order including such provision as is mentioned in subsection (1) above, to be members of the river purification board or boards within whose area the council lies.
The Roads (Scotland) Act 1984 shall be amended in accordance with this section.
After section 12 there shall be inserted the following sections—.
In section 112 (transfer of property and liabilities on road becoming or ceasing to be a trunk road)—
in subsection (1), after paragraph (c) there shall be inserted the following paragraph—;
after subsection (1) there shall be inserted the following subsections—; and
in subsection (2), for the words “subsection (1)” there shall be substituted the words “ subsections (1) and (1A) ”.
In section 143(2)(a)(ii) (orders subject to negative resolution), after “section 8” there shall be inserted “ , 12A, 12B, 12C, 12D, 12E ”.
After section 81 of the Roads (Scotland) Act 1984 there shall be inserted—.
With effect from 1st April 1996 there shall be a Passenger Transport Authority to be known as the Strathclyde Passenger Transport Authority (in this section referred to as “the Authority”) for the Strathclyde Passenger Transport Area for the purposes of Part II of the Transport Act 1968.
On 1st April 1996 all of the functions, staff, property, rights, liabilities and obligations of Strathclyde Regional Council as Passenger Transport Authority shall be transferred to and vest in the Authority.
Section 9 of this Act shall apply to any person transferred to the Authority under this section as if any reference in that section to a new authority included a reference to the Authority.
The Secretary of State may by order—
designate the passenger transport area of the Authority; and
make provision for the constitution and membership of the Authority in accordance with the provisions of Schedule 5 to this Act.
Without prejudice to the provisions of the said Schedule 5, an order under subsection (4) above shall include— as the Secretary of State considers necessary or expedient.
such provision with respect to any of the matters referred to in that Schedule; and
such supplementary, incidental and consequential provision,
Before making an order under subsection (4) above the Secretary of State shall consult such persons or bodies as he thinks fit.
The following provisions of the 1973 Act shall apply, subject to any necessary modifications, with respect to the Authority as they apply with respect to a local authority or, in the case of section 106(2), a body, that is to say—
section 95 (financial administration);
section 96 (accounts and audit);
section 97 (Commission for Local Authority Accounts in Scotland);
section 97A (studies for improving economy etc. in services);
section 97B (furnishing of information and documents to Commission);
section 98 (expenses and accounts of Commission);
section 99 (general duties of auditors);
section 100 (auditor’s right of access to documents);
section 101 (right of interested person to inspect and object to accounts: completion of audit);
section 102 (reports to Commission by Controller of Audit);
section 103 (action by Commission on reports by Controller of Audit);
section 104 (action by Secretary of State on recommendation by Commission under section 103(3));
section 105 (regulations as to accounts); and
section 106(2) (accounts of officer to be audited in certain circumstances).
The Secretary of State may by order vary the passenger transport area of the Authority.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Schedule 5 to this Act (which makes provision for the constitution, proceedings etc. of the Authority) shall have effect.
For section 13 of the Transport Act 1968 (grants to the Executive) there shall be substituted—.
Where the Secretary of State considers that— he may make an order under this section.
for the purposes of securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians), a system of traffic control should extend across the roads of two or more traffic authorities; and
the authorities for those roads have not made satisfactory joint arrangements for the exercise of such of their functions under the Road Traffic Regulation Act 1984 as are necessary to secure the provision and management of such a system of traffic control,
An order under this section may transfer to the Secretary of State such functions of those authorities under that Act as he considers necessary to enable him to secure the provision and management of such a system.
The Secretary of State may enter into arrangements with such an authority for the carrying out by that authority on his behalf of the functions mentioned in subsection (2) above.
Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this section may be recovered by him from the traffic authorities from which the functions were transferred in such proportions—
as may be agreed between the authorities; or
where there is no agreement, as may be determined by him.
In this section—
“new authority” means any of the authorities constituted under section 2 of this Act, and includes a joint board.
“traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984.
For the purpose of ensuring that the exercise by an authority of any of the powers mentioned in subsections (2) and (3) below does not have an adverse effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)— the Secretary of State may issue guidance to an authority as to the exercise of those powers.
on the roads of any other authority; or
on the national system of routes for through traffic in Scotland,
The powers referred to in subsection (1) above are the powers of an authority to make, vary or revoke orders under or by virtue of any of the following sections of the Road Traffic Regulation Act 1984, that is to say—
section 1 (traffic regulation orders);
section 9 (experimental traffic orders);
section 19 (orders concerning public service vehicles);
section 32 (provision of parking places by authorities);
section 35 (orders as to use of parking places);
section 37 (orders relating to general scheme of traffic control);
section 38 (orders as to use of parking places as bus or coach stations);
section 45 (orders designating paying parking places);
section 46 (further orders regulating paying parking places);
section 49 (designation orders and designated parking places);
section 53 (designation orders);
section 82(2) (directions concerning restricted roads); and
section 84 (speed limits on certain roads).
The powers referred to in subsection (1) above are the powers of an authority under sections 36 (construction of road humps) and 39A (construction of traffic calming works) of the Roads (Scotland) Act 1984.
Before issuing guidance under this section the Secretary of State shall consult for the areas to which the guidance relates.
the Common Services Agency for the Scottish Health Service in respect of the provision by them of an ambulance service by virtue of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 1974
the Scottish Fire and Rescue Service, and
the chief constable of the Police Service of Scotland,
the authorities for the areas to which the guidance relates.
Without prejudice to his power to make regulations under paragraph 21 of Schedule 9 to the Road Traffic Regulation Act 1984 or, as the case may be, section 39B(1) of the Roads (Scotland) Act 1984, the Secretary of State may by regulations make provision as to the procedures to be followed by authorities in relation to the guidance.
An authority shall, before exercising any power mentioned in subsections (2) and (3) above, and subject to any regulations made under subsection (5) above—
have regard to any guidance issued to them under this section;
consider whether the proposed exercise of such power would be likely to have an effect on the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)—
on a road in the area of any other authority; or
on a road in the national system of routes for through traffic in Scotland; and
if the proposed exercise would, in their opinion, have such an effect, consult—
in the case of a road such as is mentioned in paragraph (b)(i) of this subsection, the other authority; or
in the case of a road such as is mentioned in paragraph (b)(ii) of this subsection, the Secretary of State.
Where an authority take any action which, in the opinion of the Secretary of State— the Secretary of State may, after consulting the authority, direct the authority to take such steps within a period specified by him as may be necessary to conform with that guidance.
is contrary to any guidance issued to the authority under this section; and
has or is likely to have an adverse effect on either of the matters referred to in paragraphs (a) and (b) of subsection (1) above,
If, in the opinion of the Secretary of State, an authority have failed to comply with a direction under subsection (7) above, he may exercise any of their powers for the purpose of giving effect to the direction; and any expenses reasonably incurred by him in doing so shall be recoverable by him from that authority.
The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
Where a regional council propose to make an order such as is mentioned in subsection (2) below and the order— they shall, before making the order, seek the consent of the successor authority.
will come into effect after such date as the Secretary of State may by order made by statutory instrument prescribe; and
will continue in effect after 31st March 1996,
The orders referred to in subsection (1) above are any orders made under the following provisions of the Road Traffic Regulation Act 1984—
section 1 (traffic regulation orders);
section 9 (experimental traffic orders);
section 14 (temporary traffic orders);
section 32 (provision of parking places by authorities);
section 35 (orders relating to use of parking places);
section 37 (orders as to general scheme of traffic control);
section 45 (orders designating paying parking places);
section 46 (further orders regulating paying parking places); and
section 84 (speed limits on certain roads).
Where a successor authority refuse their consent to a proposed order to which this section applies the regional council shall not make the order without having obtained the consent of the Secretary of State.
Where— the successor authority shall be deemed to have given such consent.
a regional council have sought the consent of a successor authority to the making of a proposed order to which this section applies; and
the successor authority have failed, within 6 weeks of such consent being sought, to consent,
In this section “successor authority” means any council constituted under section 2 of this Act (other than the councils for Orkney Islands, Shetland Islands and Western Isles) in whose area the proposed order will have effect.
—For section 3 of the Social Work (Scotland) Act 1968 (director of social work), there shall be substituted the following section—.
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A council may determine whether their area shall be divided into licensing divisions for the purposes of the Licensing (Scotland) Act 1976.
Where a determination is made under this section, the council shall forthwith notify the Secretary of State of such determination and cause notice thereof to be published in two successive weeks in one or more newspapers circulating in the area.
Every council shall, by no later than 31st March 1996, elect the members of the licensing board for—
their area; or
where a determination has been made under this section, each licensing division of their area.
Any thing done by any licensing board for any area before 1st April 1996 shall, to the extent that it has effect before that date, have effect after that date as if it had been done by the licensing board for that area (or, as the case may be, the licensing board whose area falls wholly or partly within that area) on that date.
In this section “council” means a council constituted under section 2 of this Act.
Where proceedings were instituted before 1st April 1996 in any district court and those proceedings have not been completed by that date, then, for the purpose of enabling those proceedings to be continued on and after that date, and for preserving in other respects the continuity of the administration of justice—
the district court having jurisdiction on and after that date in the area where the proceedings were instituted shall be treated as succeeding to, and being the same court as, the district court in which the proceedings were instituted, and any verdict, sentence, order, complaint, notice, citation, warrant, or other proceedings or document shall have effect accordingly; and
the clerk of the district court in which the proceedings were instituted shall transfer all records, productions and documents relating to those proceedings to the clerk of the district court treated as succeeding to that court.
In section 2 of the District Courts (Scotland) Act 1975 (district of, and exercise of jurisdiction by, district court), after subsection (1) there shall be inserted the following subsection—.
Any person holding office as justice of the peace for any commission area by virtue of the provisions of section 9(2) or 10(3) of the District Courts (Scotland) Act 1975 immediately before 1st April 1996 shall, on and after that date, hold office as justice of the peace for the commission area in which he resides on that date.
Any person holding office as justice of the peace for any commission area on and after 1st April 1996 by virtue of the provisions of subsection (1) above shall hold that office as if appointed in accordance with the said section 9(2).
Where the Secretary of State is satisfied in all the circumstances that it is expedient that any such person as is mentioned in subsection (1) above should hold that office for another commission area, he may so direct; and any such direction shall have effect, and shall be treated for the purposes of the said Act of 1975, as an instrument appointing that person in accordance with the said section 9(2) to hold office for such commission area as is mentioned in the direction.
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Any person who holds office as stipendiary magistrate for any area immediately before 1st April 1996 shall, on that date, become a stipendiary magistrate in the district court having jurisdiction in that area and shall be deemed in all respects to have been appointed by virtue of section 5(1) of the District Courts (Scotland) Act 1975.
The provisions of sections 8, 9 and 10 of this Act shall apply, subject to any necessary modifications, to the transfer of stipendiary magistrates on 1st April 1996.
The Registration of Births, Deaths and Marriages (Scotland) Act 1965 shall be amended in accordance with the provisions of this section.
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In section 8 (registration offices)—
in subsection (1), after the words “registration office” there shall be inserted the words “ which may comprise principal premises and such subordinate premises as they may, with the approval of the Registrar General, consider appropriate ”; and
at the end there shall be inserted the following subsection—.
In section 15 (information concerning finding of infant children)—
in subsections (1) and (3), for the words “director of social work” there shall be substituted “ chief social work officer ”; and
subsection (4) shall cease to have effect.
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
On 1st April 1996 each person holding office as representative commissioner appointed by any of the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale or Tweeddale under the Tweed Fisheries Act 1969 shall go out of office.
The function of appointing representatives formerly appointed by the councils mentioned in subsection (1) above shall be transferred to the new council for the Borders.
In Schedule 1 to the said Act of 1969, for the entries relating to the district councils of Berwickshire, Roxburgh, Ettrick and Lauderdale and Tweeddale there shall be substituted the entry relating to the Borders Council set out in Schedule 6 to this Act.
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transferred to and vested in them by virtue of an order under section 15 of this Act;
created or acquired by them in the exercise of any of their functions; or
otherwise placed in their custody,
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Where a local authority hold records relating to the property or functions of any other local authority, that other authority shall, subject to any arrangements made under section 58 of this Act or section 56 of the 1973 Act by the two authorities—
be entitled to free access to, and copies of, any such records; and
pay to the local authority holding the records such proportion of the costs incurred by that authority in preserving and managing the records—
as the authorities may agree; or
as may, failing such agreement, be determined by the Secretary of State.
The Keeper shall be entitled to free access to any records held by a local authority.
For the purposes of this section and section 54 of this Act “records” includes charters, deeds, minutes, accounts and other documents, and any other records, of whatever form and in whatever medium, which convey information, but does not include records which are the property of the Registrar General of Births, Deaths and Marriages for Scotland.
A local authority may do anything which appears to them to be appropriate for the purpose of enabling proper use to be made of their records and, without prejudice to the generality of the foregoing, may—
make provision for enabling persons, with or without charge and subject to such conditions as the authority may determine, to inspect the records and to make or obtain copies thereof;
prepare, or procure or assist in the preparation of, indices and guides to and calendars and summaries of the records;
publish, or procure or assist in the publication of, the records or any index or guide to or calendar or summary of the records;
hold exhibitions of the records and arrange for the delivery of explanatory lectures, with or without charging for admission to such exhibitions or lectures;
direct that the records be temporarily entrusted to other persons for exhibition or study.
Nothing in subsection (1) above shall be taken as authorising the doing of any act which infringes copyright or contravenes conditions subject to which records are under the control of an authority.
A local authority may—
acquire by way of purchase records which, or (in the case of a collection) the majority of which, appear to the authority to be of general or local interest;
accept the gift of records which or, in the case of a collection, the majority of which appear to the authority to be of general or local interest.
A local authority may accept the deposit of records—
authorised to be deposited with it by any enactment; and
which appear to the authority to be of general or local interest.
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subsections (1) to (6), (8), (9) and (11)(b) shall cease to have effect; and
in subsections (7) and (10)—
for the word “local”, in each place where it occurs, there shall be substituted the words “river purification”; and
for the word “authority”, in each place where it occurs, there shall be substituted the word “board”.
On and after the relevant date, an existing authority shall not, without the consent of the relevant successor authority or, in a case to which subsection (9) below applies, the Secretary of State—
without prejudice to section 74 of the 1973 Act (disposal of land), dispose of any land for a consideration exceeding £250,000; or
enter into any of the contracts mentioned in subsection (2) below.
The contracts referred to in subsection (1)(b) above are—
contracts—
in terms of which the authority incurs a liability to meet capital expenses within the meaning of section 94 of the 1973 Act (capital expenses); and
where the consideration exceeds £2,500,000; and
contracts, other than contracts such as are mentioned in sub-paragraph (a)(i) above—
the period of which purports to extend beyond 31st March 1996 or is capable of being so extended; and
where the consideration exceeds £250,000.
The relevant date for the purposes of this section is such date as the Secretary of State may by order made by statutory instrument determine; and different such dates may be so determined in respect of any of the successor authorities mentioned in subsections (4) to (8) below or, in a case to which subsection (9) below applies, the Secretary of State.
Subject to subsections (5) to (8) below, the relevant successor authority in relation to any proposed disposal or contract by a regional or district council is—
in relation to any disposal of land, the new local authority within whose area the land will be situated; and
in relation to any other contracts, any new local authority whose area will include the whole or any part of the area of the existing local authority.
The relevant successor authority in relation to any proposed disposal of relevant property (within the meaning assigned by paragraph (b) of section 91(1) of this Act) or proposed contract in so far as it relates to functions mentioned in that paragraph is, in the case of—
Lothian, Borders, Fife or Central Region, the East of Scotland Water Authority;
Strathclyde or Dumfries and Galloway Region, the West of Scotland Water Authority; and
Tayside, Highland or Grampian Region or an Islands Area, the North of Scotland Water Authority.
The relevant successor authority in relation to any proposed disposal or contract by the Central Scotland Water Development Board is the East of Scotland Water Authority.
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in the case of each of Fife and Dumfries and Galloway, the police authority for the new police area of the same name; and
in the case of each of the police authorities or, as the case may be, joint committees for the areas or combined areas shown in brackets in the first column of the Table in section 21B(3) of the Police (Scotland) Act 1967 (reorganisation of police areas), the joint board for the corresponding combined area shown in that column.
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in the case of each of Fife and Dumfries and Galloway, the fire authority for the new area of the same name; and
in the case of each of the fire authorities or, as the case may be, joint committees for the areas or combined areas shown in brackets in the first column of the Table in section 147(4) of the 1973 Act (fire services), the joint board for the corresponding combined area shown in that column.
Where— the consent required shall, in either case, be that of the Secretary of State.
a disposal of land such as is mentioned in subsection (1)(a) above is of land held or acquired by the authority for the construction or improvement of any road; or
a contract such as is mentioned in subsection (2) above is for works for the construction or improvement of any road; and
where, in either case, the Secretary of State has given notice to the authority concerned of his intention to make an order under section 12A(1)(a), 12B(1)(a), 12C(1)(b), 12E(1) or 12E(3) of the Roads (Scotland) Act 1984 directing that a road or proposed road should become a trunk road or that he should be authorised to provide a special road,
The requirement to seek consent imposed by this section shall not apply to—
any disposal of land in respect of which the consent of the Secretary of State is required under section 12(7) of the Housing (Scotland) Act 1987; and
any contract entered into by an existing authority in or in connection with the exercise of the power conferred on them by section 24 of the Local Government Act 1988 (power to provide financial assistance for privately let housing accommodation).
This section applies to any granting of an option to require an existing authority to make a disposal of land or enter into a contract which would require the consent of a successor authority or the Secretary of State as it applies to such a disposal or contract.
In this section “existing authority” means a regional or district council, the Central Scotland Water Development Board, ... . . . and, for the purposes of the matters mentioned in subsection (5) above, includes an islands council.
Subject to the provisions of this section, existing local authorities and assessors shall provide new authorities with such information as the latter may reasonably require for the purpose of carrying out, whether before or after 1st April 1996, any of their functions.
A new authority may not require information to be provided from any existing authority or assessor whose area does not correspond, at least in part, with the area of the new authority.
An assessor shall not be required under subsection (1) above to provide any information to a new authority which he is not required to provide to an existing authority.
In this section—
“existing local authority” includes a joint committee and a joint board; and
An existing local authority may do anything which in their opinion is appropriate for the purpose of—
facilitating the transfer of their functions, staff and assets to a new authority; or
facilitating the carrying out by a new authority of their functions on and after 1st April 1996.
Without prejudice to the generality of subsection (1) above, existing local authorities having functions in relation to any part of the area of a new authority may establish, or the Secretary of State may require them to establish, a committee in the area of that new authority to consider any matter which it is expedient they should consider in order to ensure the effective operation of that authority on and after 1st April 1996.
Existing local authorities may establish, or the Secretary of State may direct them to establish, a committee in relation to the areas of any group of new authorities to consider any matter which it is expedient they should consider in order to ensure the effective operation of those authorities on and after 1st April 1996.
A committee established under subsection (2) or (3) above 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 such agreement, as may be determined by the Secretary of State.
The Secretary of State may direct an existing local authority to do anything which in his opinion is appropriate for the purpose of putting a new authority in a position to carry out their functions with effect from 1st April 1996.
A direction under subsection (5) above—
may be made subject to such conditions (for example, as to payment by the new authority) as may be specified in it; and
shall be complied with by the authority to which it is made.
Any expenses incurred by a committee established under subsection (2) or (3) above shall be defrayed by the authorities by whom the committee was established in such proportions respectively as may be agreed amongst or between them or, in default of agreement, as may be determined by the Secretary of State.
In this section—
Subject to the provisions of this section, a local authority (a “contracting authority”) may agree with any other local authority (a “supplying authority”) that the supplying authority shall carry out for the contracting authority any activity or service which the contracting authority are required to, or may legitimately, carry out.
An agreement under this section—
may provide for activities or services to be carried out by two or more authorities jointly; and
may include such terms as to payment as the authorities concerned consider appropriate.
Anything requiring to be done by a supplying authority under an agreement under this section shall be treated as one of their statutory functions.
The Secretary of State may by regulations make such provision as he thinks fit in relation to the exercise by local authorities of the power conferred by this section and, without prejudice to the generality of the foregoing, such regulations may include provision—
prohibiting or restricting to such extent as may be prescribed the use of the power in relation to such activities or services, or such class or classes of activities or services, as may be so prescribed;
specifying, either generally or in relation to such activities or services, or such classes of activities or services, as may be so prescribed, which authorities may enter into agreements under this section.
This section is without prejudice to any other power under or by virtue of which a local authority may arrange for the carrying out of any of their activities or services by another authority.
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 “local authority” includes a residuary body and a joint board.
Subject to subsection (2) below, any local statutory provision to which this section applies and which is not continued in force by any other provision of this Part 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 Part of 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 1st April 1996 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—
subsection (6) below;
this Part of this Act;
any Act passed after this Act and before 1st April 1996; and
any order made under—
section 181 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 an existing 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 1st April 1996 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 1st April 1996 and shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Part of 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 181 of this Act, the Secretary of State 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 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 local authority appearing to the Secretary of State 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 181 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;
without 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 to be expedient.
All local statutory provisions to which this subsection applies shall cease to have effect on 31st December 1999, but the Secretary of State may—
by order exempt any such provision from the foregoing provision of this subsection;
from time to time by order postpone the date on which any local statutory provision applying to the whole or part of any local government area is to cease to have effect under this subsection.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to any local statutory provision in force immediately before 1st April 1996 and not expressly repealed or revoked by this Act, and subsection (6) above applies to the following local statutory provisions— not being a provision relating to a statutory undertaking.
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;
any byelaw; and
any management rule made under section 112 of the Civic Government (Scotland) Act 1982 (management rules),
In this section—
subsection (2)(b) above, has such meaning as may be prescribed;
Sections 231 (applications to sheriff in cases of difficulty) and 232 (applications to court) of the 1973 Act shall apply in relation to a difficulty arising in the carrying out of this Part of this Act as they apply in relation to a difficulty arising in the carrying out of that Act.
In this Part of this Act, unless the context otherwise requires— and expressions used in this Part of this Act and in the 1973 Act shall have the same meanings in this Part as in that Act.
There shall be established—
a body, to be known as the East of Scotland Water Authority, which, as from 1st April 1996, shall be—
the water authority for the eastern water area; and
the sewerage authority for the eastern sewerage area;
a body, to be known as the West of Scotland Water Authority, which, as from that date, shall be—
the water authority for the western water area; and
the sewerage authority for the western sewerage area; and
a body, to be known as the North of Scotland Water Authority, which, as from that date, shall be— but any reference in any enactment, including this Act, to water authorities generally, shall not be taken to include a reference to any of the above bodies as sewerage authority.
the water authority for the northern water area; and
the sewerage authority for the northern sewerage area;
Schedule 7 to this Act shall have effect with respect to the constitution and proceedings of, and other matters relating to, each of the bodies established by subsection (1) above (those bodies being, in this Act, collectively referred to as the “new water and sewerage authorities”).
The water areas and sewerage areas mentioned in subsection (1) above and in column 1 of Schedule 8 to this Act comprise the areas for the time being respectively described in column 2 of that Schedule.
Subject to subsection (4) below, the Secretary of State may from time to time by order amend column 2 of Schedule 8 to this Act so as to alter water areas or sewerage areas of the new water and sewerage authorities.
A 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 under this section may include such incidental, supplementary and consequential provisions as the Secretary of State may consider necessary or expedient for the purposes of the order.
Before making an order under this section the Secretary of State shall prepare a draft of the order, shall consult with every new water and sewerage authority whose area would be altered by the order and with the Customers Council and shall publish in the Edinburgh Gazette, and in one or more local newspapers circulating in the geographical area affected by the order, a notice—
stating the general effect of the order;
specifying the places where copies of the draft order, and of any maps relating to it, may be inspected, free of charge and at all reasonable times, during a period of not less than twenty-eight days which begins with the date on which the notice is so published; and
stating that any person affected by the order may within that period, by intimation in writing to the Secretary of State, object to the proposed making of the order.
The Secretary of State shall serve a copy of a notice published under subsection (4) above on every body which he has, in accordance with that subsection, consulted.
The Secretary of State shall have regard to any objection made by virtue of subsection (4)(c) above and timeously received; and he may then proceed to make the order, either in the form of the draft order or as amended by him.
For the purposes of subsection (6) above, an objection is timeously received if received by the end of the specified period of not less than twenty-eight days which begins with the latest date on which is published an issue of the Edinburgh Gazette, or of a local newspaper, in which the notice mentioned in subsection (4) above appears by virtue of that subsection.
The Secretary of State shall, as soon as is practicable after—
the coming into force of section 62(3) of, and Schedule 8 to, this Act, send to each of the new water and sewerage authorities a map of their water area and of their sewerage area, both as described in column 2 of that Schedule;
making an order under section 63 of this Act altering water areas or sewerage areas, send to each of the new water and sewerage authorities of the areas altered a map of their water area, or as the case may be their sewerage area, as so altered.
Any map which is sent to an authority under subsection (1) above shall, until superseded by a map subsequently sent under that subsection, be kept at the principal office of the authority; and the authority shall provide reasonable facilities for inspection of the map by any person and shall permit a copy of it, or of an extract of it, to be taken by a person on his paying such reasonable amount as the authority may determine.
For section 1 of the 1980 Act (which imposes on the Secretary of State certain duties as respects water conservation and supply) there shall be substituted—.
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to have regard to the interests of every person who is a customer or potential customer of any such authority and especially of such of those persons as—
are likely, by reason of some persistent medical condition or of family circumstances, to require to have a much greater supply of water, or to make much greater use of facilities for the disposal of sewage, than might ordinarily have been expected; or
are ordinarily resident in some rural part of Scotland;
to further, so far as may be consistent with the purposes of any enactment relating to their respective functions (whether or not functions under or by virtue of this Act, the 1968 Act or the 1980 Act)—
the conservation and enhancement of natural beauty and the conservation of flora and fauna; and
the conservation of geological or physiographical features of special interest;
to have regard to the desirability of preserving for the public any freedom of access (including access for recreational purposes) to areas of forest, woodland, mountains, moor, bog, cliff, foreshore, loch or reservoir and to other places of natural beauty; and
to have regard to the desirability of protecting and conserving— of archaeological, architectural or historic interest and of maintaining the availability to the public of any facility for visiting or inspecting any such building, site or object.
buildings;
sites; and
objects,
A new water and sewerage authority shall draft a code of practice which shall make provision— and the code may include such supplemental provisions as appear to the authority to be appropriate.
as to their standards of performance in providing services to their customers;
for procedures for dealing with complaints by their customers or their potential or former customers;
as respects the circumstances in which they will pay compensation if or in so far as those standards are not attained; and
as respects such matters as are incidental to the provision made under paragraphs (a) to (c) above;
A code drafted by an authority under subsection (1) above shall be sent by them to the Customers Council no later than the date on which they first, under subsection (4)(a) of section 76 of this Act, send a draft charges scheme to the Council; and subsections (4) to (6) of the said section 76 shall apply as respects any such draft code of practice as they apply to any such draft charges scheme.
The authority shall endeavour to comply with their code of practice as for the time being approved by virtue of this section; but contravention of that code shall not of itself give rise to any criminal or civil liability.
Subject to subsection (1) above, the authority may from time to time— their code of practice as so approved; and the varied or new code shall be sent forthwith by them in draft to the Customers Council.
vary; or
revoke and replace,
Subsections (4) to (6) of section 76 of this Act shall apply as respects a draft sent under subsection (4) above as they apply, by virtue of subsection (2) above, to a draft sent under the said subsection (2).
The authority shall take such steps as appear to them appropriate to inform customers and potential or former customers of the contents for the time being of their code approved by virtue of this section.
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There shall be established a body to be known as the Scottish Water and Sewerage Customers Council (in this Part of this Act referred to as “the Customers Council”) for the purpose of representing the interests of customers and potential or former customers of the new water and sewerage authorities.
Schedule 9 to this Act shall have effect with respect to the constitution and proceedings of, and other matters relating to, the Customers Council.
For the purpose mentioned in section 67(1) of this Act, the Customers Council shall—
keep under review all matters appearing to it to affect the interests of customers or potential or former customers of the new water and sewerage authorities;
consult each authority about such of those matters as appear to affect the interests of the customers or potential or former customers of that authority; and
make such representations as it considers appropriate to those authorities, or as the case may be to that authority, about any such matter.
The Customers Council shall investigate any complaint made to it by a customer or potential or former customer of a new water and sewerage authority, as respects a function of that authority (whether as water authority or as sewerage authority), unless it appears to the Council that the complaint is vexatious or frivolous.
Without prejudice to subsection (1)(c) above, where the Customers Council considers it appropriate to do so in connection with a complaint investigated by it under subsection (2) above, it shall make representations on behalf of the complainer to the authority in question about any matter—
to which the complaint relates; or
which appears to the Council to be relevant to the subject matter of the complaint.
The Customers Council shall advise the Secretary of State on any matter which appears to the Council, or to him, to relate to—
the standard of service provided by a new water and sewerage authority to their customers; or
the manner in which any such authority conduct their relations with their customers or potential or former customers.
The Customers Council shall have power to do anything which is calculated to facilitate, or is incidental or conducive to, the performance of any of its functions under this Act; and without prejudice to that generality, or to section 70(2) of this Act, may make such arrangements as it thinks fit to inform customers and potential or former customers of the new water and sewerage authorities about matters affecting, or likely to affect, their interests.
Without prejudice to subsection (3) below, the Customers Council shall, as soon as practicable after the end of each financial year, make to the Secretary of State a report on its activities during that financial year; but no such report shall be required in respect of any financial year ending before 31st March 1997.
The Customers Council shall arrange for the report to be published in such manner as it considers appropriate.
The Customers Council shall furnish the Secretary of State with such information regarding the exercise, or proposed exercise, of its functions under this Act as he may from time to time require.
The Secretary of State may, to such extent as may be approved by the Treasury, defray or contribute towards the expenses of the Customers Council.
Any sums required by the Secretary of State for the purposes of subsection (1) above shall be paid out of money provided by Parliament.
A new water and sewerage authority shall contribute towards the expenses of the Customers Council by making payments of such amounts, and at such times, to the Council as the Secretary of State may direct.
Where an area of land (“the relevant land”)— and the environmental authority consider that it may at any time be affected by schemes, works, operations or activities of a new water and sewerage authority (“the relevant authority”), the environmental authority shall by written notice advise the relevant authority that they so consider; but they shall forthwith notify the relevant authority of any cancellation or variation, under section 6(7) of the 1991 Act, of the designation or if they cease to be of the opinion mentioned in paragraph (b) above.
has been designated under section 6(2) of the Natural Heritage (Scotland) Act 1991 (“the 1991 Act”) as a Natural Heritage Area; or
is, in the opinion of Scottish Natural Heritage (“the environmental authority”), of special interest by reason of its flora, fauna or geological or physiographical features,
Where the relevant authority intend to carry out any scheme, work, operation or activity which appears to them likely to, as the case may be— the relevant authority shall consult with the environmental authority before commencing the scheme, work, operation or activity.
prejudice significantly the value of the relevant land, or any part of it, as a Natural Heritage Area (the designation mentioned in subsection (1)(a) above not having been cancelled or so varied as no longer to apply to the part in question); or
destroy or damage any of the flora, fauna or features, by reference to which the environmental authority formulated their opinion under subsection (1)(b) above as respects the special interest of the relevant land (notification of their ceasing to be of that opinion not having been given),
Subsection (2) above shall not apply in relation to anything done by the relevant authority in an emergency if particulars of what is done and of the emergency are notified by them to the environmental authority as soon as is practicable after the thing is done.
Any expression not defined in this Act but used both in this section and in the 1991 Act, shall be construed in accordance with that Act.
Subject to the provisions of this Part of this Act and of sections 9A and 47 of the 1980 Act (no charge for water in certain cases), the powers of a new water and sewerage authority shall include power—
to fix charges for any services provided in the course of carrying out their functions; and
to demand and recover charges fixed under this section from any person to whom they provide services.
The powers conferred by subsection (1) above shall be exercisable—
by or in accordance with a charges scheme under section 76 of this Act; or
by or in accordance with an agreement with the person to be charged.
Subject to the provisions of this Part of this Act, a new water and sewerage authority may fix charges under this section by reference to such matters, and may adopt such methods and principles for the calculation and imposition of the charges, as appear to them to be appropriate.
Nothing in this Part of this Act shall entitle a new water and sewerage authority to fix, demand or recover a charge for— to the point or points mentioned in the subsection in question.
under subsection (2) of section 6 of the 1980 Act (duty to provide water supply), taking pipes; or
under subsection (2)(a) of section 1 of the 1968 Act (duty to provide sewerage), taking public sewers,
A new water and sewerage authority exercising their powers under subsection (1) above by entering into such agreements as are mentioned in subsection (2)(b) above shall endeavour to ensure that no undue preference is shown, and that there is no undue discrimination, in determining the conditions of those agreements.
Nothing in subsections (1) to (3) above or in any charges scheme under section 76 of this Act shall affect any power of a new water and sewerage authority to fix charges under any power conferred otherwise than under or by virtue of this Part of this Act.
The Secretary of State may from time to time by order fix maximum charges which a person who is not a new water and sewerage authority may recover from another such person in respect of the supply of water to, the provision of sewerage to, or the disposal of sewage for that other person with the help of services provided by any such authority.
For the purposes of this section, water is supplied to, sewerage provided to, or sewage disposed of for a person with the help of services provided by an authority if—
a facility for that person to have access to a supply of water provided by the authority, as water authority, in pipes, or to make use of sewerage which is, or facilities for the disposal of sewage which are, provided by the authority as sewerage authority, is made available to that person otherwise than by the authority;
that person is provided with a supply of water in pipes by a person to whom the water is supplied, directly or indirectly, by the authority as water authority; or
that person is provided with sewerage, or with facilities for the disposal of sewage, by a person who, for the purposes of providing the sewerage or facilities, makes use of sewerage or of such facilities provided, directly or indirectly, by the authority as sewerage authority.
An order under this section may make different provision in relation to different persons, circumstances or localities and may fix a maximum charge either by specifying the maximum amount of the charge or by specifying a method of calculating that amount.
Where a person pays a charge in respect of anything to which an order under this section relates and the amount paid exceeds the maximum charge fixed by the order, the amount of the excess shall be recoverable by that person from the person to whom he paid the charge.
A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
A new water and sewerage authority may, in accordance with this section, make a scheme (in this Part of this Act referred to as a “charges scheme”) which (either or both)—
fixes the charges to be paid for any relevant services provided by them;
makes provision with respect to the times and methods of payment of the charges fixed by the scheme.
Services are relevant for the purposes of subsection (1)(a) above if they are provided by the authority in the course of carrying out their functions and are not services as respects which conditions as to payment may be imposed under section 29(3)(j) of the 1968 Act (conditions relating to the reception, treatment and disposal of trade effluent).
A charges scheme may—
make different provision for different cases, or classes of case, including different provision in relation to different circumstances or localities;
contain supplemental, consequential and transitional provisions for the purposes of the scheme;
revoke or amend a previous charges scheme.
A charges scheme shall not come into force before—
it has been sent in draft to, and approved by, the Customers Council, such approval being to the scheme having effect either—
without modifications; or
with such modifications as, after consulting with and obtaining the agreement of the authority, the Council thinks fit to make; or
where the Council is not prepared to give approval under paragraph (a) above, or cannot obtain the agreement of the authority to some or all of the modifications which it would make under sub-paragraph (ii) of that paragraph, the draft (with any modifications to it which may have been agreed between the Council and the authority) has been sent by the Council to, and approved by, the Secretary of State, such approval being to the scheme having effect either— and the scheme shall have effect accordingly.
without modifications (or further modifications); or
with such modifications as, after consulting with the Council and the authority, he thinks fit to make,
Where three months have elapsed since the Customers Council has received a charges scheme in draft by virtue of paragraph (a) of subsection (4) above and the Council has neither given approval under that paragraph nor sent the draft to the Secretary of State under paragraph (b) of that subsection, the new water and sewerage authority which made the scheme may require the Council so to send it to him.
Where, under—
paragraph (a) of subsection (4) above, the Customers Council gives approval to a charges scheme it shall send a copy of the scheme as so approved to the Secretary of State;
paragraph (b) of that subsection, the Secretary of State gives approval to such a scheme he shall send a copy of the scheme as so approved to the Council.
A new water and sewerage authority in making a charges scheme, and the Customers Council and the Secretary of State in considering whether to give approval to such a scheme, shall endeavour to ensure that no undue preference is shown, and that there is no undue discrimination, in the fixing of charges.
Nothing in any charges scheme shall affect any power of a new water and sewerage authority to enter into such an agreement with any person in any particular case as determines the charges to be made for the services provided to that person by them.
provide, at such offices of the authority, and at such other places, as the authority think fit, reasonable facilities—
for inspection of the scheme by any person; and
for any person to take a copy of the scheme, or of an extract of it, on his paying such reasonable amount as the authority may determine; and
advertise those facilities, and publish such summary of the scheme as appears to them to be appropriate, in at least one newspaper circulating in their water and sewerage areas.
Subject to the following provisions of this section and except in so far as provision to the contrary is made by any agreement to which a new water and sewerage authority are a party—
supplies of water provided by them shall be treated for the purposes of this Part of this Act as services provided to the occupier for the time being of any premises supplied; and
the provision of sewerage, and the disposal of sewage, provided by them shall be treated for such purposes as provision to, or as disposal for, the occupier for the time being of any premises which— and such supply of water, provision of sewerage or disposal of sewage are referred to in subsection (2) below as “relevant services”.
are drained by a sewer or drain connecting, either directly or through an intermediate sewer or drain, with such a public sewer of the authority as is provided for foul water or surface water or both; or
are premises the occupier of which has, in respect of the premises, the benefit of facilities which drain to a sewer or drain so connecting;
Subject to subsection (3) below, charges which, under the preceding provisions of this Part of this Act, are fixed in relation to any premises by reference to volume may be imposed so that a person remains liable, in relation to those premises, to pay charges for relevant services provided by a new water and sewerage authority after the person has ceased to be occupier of the premises.
A person shall not be liable by virtue of subsection (2) above for any charges fixed in relation to any premises by a new water and sewerage authority except where—
he fails to inform the authority of the ending of his occupation of the premises at least two working days before he ceases to occupy them; and
the charges are in respect of a period ending no later than with the first relevant day.
In paragraph (b) of subsection (3) above, “the first relevant day” means whichever of the following first occurs after the person ceases to occupy the premises—
where the person informs the authority of the ending of his occupation (but not timeously), the twenty-eighth day after informing the authority;
any day on which any meter would normally have been read in order for the amount of the charges to be determined;
any day on which any other person informs the authority that he has become the new occupier of the premises.
In subsection (3)(a) above, reference to two working days is to a period of forty-eight hours calculated after disregarding any time falling on—
a Saturday or Sunday;
Christmas Day or Good Friday; or
a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971.
In the application of this section to services which are the subject of a determination under section 79(1)(a) of this Act, references in subsection (1) above to the occupier of premises shall be construed as references to the person liable under or by virtue of sections 75 to 77 of the Local Government Finance Act 1992 to pay council tax in respect of the premises (“council tax” being construed in accordance with section 70(1) of that Act).
The Secretary of State may by order determine—
that as respects services provided, within a financial year specified in the order, by a new water and sewerage authority (in this section referred to as the “providing authority”) to dwellings within the area of a local authority (in this section and in Schedule 10 to this Act referred to as the “collecting authority”), or within such part of that area as may be so specified, the collecting authority and not the providing authority shall demand and recover charges (other than charges in respect of a supply of water taken by meter) payable for those services under a charges scheme ; and
that the collecting authority shall, at such intervals as may be so specified, make such payments to the providing authority (to whom no other amount shall be payable under the charges scheme for the services provided) as may be so specified or as may be determined in accordance with the provisions of the order.
A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order under subsection (1) above may include provision as to—
forms and procedures which the collecting authority shall adopt in demanding payment;
circumstances in which a customer of the providing authority who is aggrieved by a decision or calculation of the collecting authority may appeal—
except in a case specified by virtue of sub-paragraph (ii) below, to a valuation appeal committee (constituted under section 29 of this Act); or
in a case which the order may specify, to a body constituted under the order (or under a previous such order) to consider appeals as respects any such case;
procedures to be followed in any appeal by virtue of paragraph (b) above;
the provision, for the purposes of this section, of information by the providing authority to the collecting authority; or
the keeping by the collecting authority of accounts and records as respects their functions by virtue of this section and the exhibition of, or of copies of, such accounts and records to the providing authority.
Schedule 10 to this Act shall apply as respects the recovery by diligence of charges payable to a collecting authority by virtue of the foregoing provisions of this section.
In subsection (1)(a) above, “dwelling” has the same meaning as in Part II of the Local Government Finance Act 1992.
The Secretary of State may make regulations as regards any case where—
a person is, under a charges scheme, liable to pay an amount to a new water and sewerage authority or to a local authority; and
conditions prescribed in the regulations are fulfilled.
The regulations may provide that the amount the person is liable to pay shall be an amount which—
is less than the amount it would be but for the regulations; and
is determined in accordance with rules prescribed in the regulations.
The conditions mentioned in subsection (1)(b) above, and the rules referred to in subsection (2)(b) above, may be prescribed by reference to such factors as the Secretary of State thinks fit.
The power to make regulations under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies at any time to a member of a local authority, or a member of a committee of a local authority or of a joint committee of two or more local authorities (including in either case a sub-committee), if at that time a charge payable by virtue of section 79(1) of this Act has become payable by him and has remained unpaid for at least two months.
Subject to subsection (4) below, if a member to whom this section applies is present at a meeting of the authority or committee at which any matter concerning how the authority are to exercise such functions as they have by virtue of section 79 of this Act is a subject of consideration, he shall, at the meeting and as soon as practicable after its commencement, disclose the fact that this section applies to him and shall not vote on any question with respect to the matter.
If a person fails to comply with subsection (2) above, he shall be guilty of an offence, and shall for each such offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale, unless he proves that he did not know—
that this section applied to him at the time of the meeting; or
that the matter in question was a subject of consideration at the meeting.
Subsections (1) to (3) of section 41 of the 1973 Act (removal or exclusion of disability) shall apply in relation to, and to any disability imposed by, this section as they apply in relation to, and to any disability imposed by, section 38 of that Act (provisions as to disability of members of authorities from voting).
In subsection (1) above “joint committee” has the meaning given by section 235(1) of the 1973 Act.
It shall be the duty of a new water and sewerage authority so to discharge their functions as to secure that, taking one year with another, their revenue is not less than sufficient to meet their total outgoings.
The Secretary of State may, with the approval of the Treasury, by order direct that a new water and sewerage authority shall discharge their functions, during any period specified in the direction, with a view to securing that they achieve in respect of that period a rate of return on the value of their net assets (as for the time being defined for the purposes of this section by the Secretary of State) which is not less than such rate as the Secretary of State specifies in the direction as the rate of return which he considers it is reasonable for the authority in question to achieve; but a statutory instrument containing any order made under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
After consultation with a new water and sewerage authority, the Secretary of State may, with the approval of the Treasury, determine that the authority shall (in addition to or in place of a duty imposed by virtue of subsection (2) above but without prejudice to the duty imposed by subsection (1) above) be subject to a specified duty of a financial nature; and different determinations may be so made in relation to different authorities and to different functions and activities of an authority.
Where a duty specified in a determination under subsection (3) above is in place of a duty imposed by virtue of subsection (2) above, the determination shall be by order.
A determination under subsection (3) above may—
relate to a period beginning before the date on which it is made;
contain incidental or supplemental provisions;
be varied (by order where the determination was by order) by a subsequent determination under that subsection.
An order made by virtue of subsection (4) above shall not be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.
It shall be the duty of a new water and sewerage authority to secure that their charges make a proper contribution to their duties, as respect financial matters, under this Part of this Act, taking into account—
the authority’s present circumstances and future prospects; and
any duty imposed on them by virtue of subsection (2) or (3) above.
The Secretary of State may—
out of money provided by Parliament and subject to such conditions as he thinks fit to impose, make payment under this paragraph (except for the purpose mentioned in paragraph (b) below), by way of grant to a new water and sewerage authority—
in respect of the exercise of their functions; and
in respect of their administrative expenses;
out of money so provided, make payment under this paragraph by way of grant to such an authority for the purpose of meeting, or alleviating, any loss they may sustain— of such sums as he may, with the consent of the Treasury, determine.
by reason of their complying with a direction given under section 117 of this Act; or
by virtue of regulations made under section 81 of this Act,
Subject to subsection (7) below, for the purpose of the exercise of any of their functions, a new water and sewerage authority—
may, subject to such conditions as, with the consent of the Treasury, the Secretary of State thinks fit to impose, borrow from him, and he may lend to them, sums of such amounts as he may, with such consent, determine; and
may, with the consent of the Secretary of State given with the approval of the Treasury, borrow money, whether in sterling or otherwise, from any other person or body, whether in the United Kingdom or elsewhere.
Where a body (whether the Board or a local authority) whose property, rights and liabilities are to be transferred to a new water and sewerage authority under a transfer scheme, is liable to repay an amount borrowed, sums lent to the new water and sewerage authority under paragraph (a) of subsection (2) above may, without prejudice to the generality of that paragraph, include sums to be paid by them to the body for the purpose of enabling the body, before the transfer date, to make such repayment; and a body who receive an amount from a new water and sewerage authority by virtue of this subsection shall, in accordance with any direction to them under this subsection by the Secretary of State, use the amount for that purpose.
Any loans made in pursuance of subsection (2)(a) above shall be repaid to the Secretary of State at such times and by such methods, and interest on the loans shall be paid to him at such times and at such rates, as he may from time to time, with the consent of the Treasury, direct.
The Treasury may issue, out of the National Loans Fund, to the Secretary of State such sums as are necessary to enable him to make loans in pursuance of subsection (2)(a) above; and any sums received by him in pursuance of subsection (4) above shall be paid into that fund.
It shall be the duty of the Secretary of State, as respects each financial year— and the Comptroller and Auditor General shall examine, certify and report on the account and shall lay copies of it, and of his report on it, before each House of Parliament.
to prepare, in such form and manner as the Treasury may direct, an account of sums issued to the Secretary of State in pursuance of subsection (5) above, of any sums required to be paid into the National Loans Fund in pursuance of that subsection and of the disposal by him of the respective sums; and
to send a copy of the account to the Comptroller and Auditor General not later than the end of the month of November next following that financial year;
The aggregate amount outstanding, otherwise than by way of interest, in respect of— shall not exceed £3,000 million, or such greater sum not exceeding £4,500 million as the Secretary of State may, with the consent of the Treasury, by order specify.
all lending to the new water and sewerage authorities under subsection (2) above; and
all amounts borrowed which those authorities are liable to repay by virtue of section 91(1) of this Act,
An order made under subsection (7) above shall not be made unless a draft of the order has been laid before, and approved by resolution of, the Commons House of Parliament.
The Secretary of State may, with the consent of the Treasury, guarantee, in such manner and on such conditions as he thinks fit, the repayment of the principal of, the payment of interest on, and the discharge of any other financial obligation in connection with, any sums which a new water and sewerage authority borrow from a person other than the Secretary of State.
Immediately after a guarantee is given under this section, the Secretary of State shall lay a statement of the guarantee before each House of Parliament; and where any sum is issued for fulfilling a guarantee so given, he shall lay before each House of Parliament a statement relating to that sum, as soon as possible after the end of each financial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest on it is finally discharged.
Any sums required by the Secretary of State for fulfilling a guarantee under this section shall be charged on and issued out of the Consolidated Fund.
If any sums are issued by the Secretary of State in fulfilment of a guarantee given by him under this section the authority in question shall make to him, at such times and in such manner as, with the consent of the Treasury, he may from time to time direct, payments of such amounts as, with such consent, he may so direct in or towards repayment of the sums so issued and payments of interest, at such rate as, with such consent, he may so direct, on the amount outstanding for the time being in respect of sums so issued.
to pay to him, on a date specified in the direction, such sum as may be so specified, being a sum not required; or
to invest, in such manner as may be so specified, such sum as may be so specified, being a sum not immediately required,
It shall be the duty of a new water and sewerage authority—
to keep proper accounts and proper records in relation to the accounts; and
to prepare in respect of each financial year a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the authority in question.
Every statement of accounts prepared by an authority in accordance with this section shall comply with any requirement which the Secretary of State has, with the consent of the Treasury, notified in writing to the authority and which relates to—
the information to be contained in the statement;
the manner in which that information is to be presented; or
the methods and principles according to which the statement is to be prepared.
In this Part of this Act “financial year” means any period of twelve months ending with, and including, the last day of March.
The accounts of a new water and sewerage authority shall be audited by auditors appointed for each financial year by the Secretary of State.
A person shall not be eligible for appointment for the purposes of subsection (1) above unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989.
A copy of any accounts of an authority which are audited under subsection (1) above and of the report made on those accounts by the auditors shall be sent to the Secretary of State as soon as reasonably practicable after the report is received by the authority; and the Secretary of State shall lay a copy of any accounts or report sent to him under this subsection before Parliament.
In this section “accounts”, in relation to an authority, includes any statement under section 87 of this Act.
A new water and sewerage authority may—
commission or support (whether by financial means or otherwise) research which in their opinion is relevant to, or directly related to, any of their functions; or
themselves initiate and carry out research which in their opinion is directly related to any of their functions.
With the consent of the Secretary of State, a new water and sewerage authority—
may form or promote, or join with any other person in forming or promoting, a company (within the meaning of the Companies Act 1985);
may (whether in Scotland or elsewhere) provide advice and assistance to any person as respects any matter in which they have skill and experience.
Without prejudice to any powers exercisable apart from this subsection but subject to the provisions of this Act and of the 1968 and 1980 Acts, a new water and sewerage authority shall have power to do anything (whether in Scotland or elsewhere) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.
The Central Scotland Water Development Board shall be dissolved on 1st April 1996.
Notwithstanding the repeal by this Act of paragraph (c) of section 106(1) of the 1973 Act (application of certain provisions of that Act to bodies other than local authorities etc.), the provisions applied by virtue of that paragraph to the Board shall, as respects the financial year ending on 31st March 1996, continue to apply after that date in relation to the Board; but anything which shall or may be done or enjoyed, or any access, inspection or copying which shall or may be allowed, under or by virtue of any of those provisions or of section 118 of that Act (financial returns) by, or by an officer of, the Board shall, or as the case may be may, after that date, be done, enjoyed or allowed by, or by an officer of, the East of Scotland Water Authority in place of the Board or of an officer of the Board.
Subject to subsections (8) and (9) below, and to section 95 of this Act, on 1st April 1996 (in this Part of this Act referred to as “the transfer date”) all property, rights and liabilities to which— shall, by virtue of this subsection, transfer to and vest in the new water and sewerage authorities and be allocated as between those authorities in accordance with such schemes as are mentioned in subsection (2) below.
the Central Scotland Water Development Board (in this Part of this Act referred to as “the Board”) are entitled or subject immediately before that date; and
the regional and islands councils, in the exercise of their functions under any enactment in relation to water supply, to the provision of sewerage and to their dealing with the contents of sewers, are so entitled or subject (in this section referred to as their “relevant” property, rights and liabilities),
Subject to subsections (5) and (7) below, on or before such date as the Secretary of State may direct (in this section referred to as the “scheme submission date”), the Board and each of the regional and islands councils shall make and submit to him a scheme for the transfer under subsection (1) above of— property, rights and liabilities (any such scheme so made, or made by the Secretary of State under subsection (8) below, being in the following provisions of this Part of this Act referred to as a “transfer scheme”).
the Board's; or
as the case may be, the council’s relevant,
The transfer scheme submitted by the Board shall, subject to section 95 of this Act, provide for all their property, rights and liabilities to be transferred to, and apportioned between, the new water and sewerage authorities in accordance with such guidance as may be given to the Board by the Secretary of State under this subsection.
The transfer scheme submitted by a regional or islands council shall, subject to subsection (5) below and to section 95 of this Act, provide in the case of—
Lothian, Borders, Fife or Central Region, for all their relevant property, rights and liabilities to be transferred to the East of Scotland Water Authority;
Strathclyde or Dumfries and Galloway Region, for all their relevant property, rights and liabilities to be transferred to the West of Scotland Water Authority;
Highland or Grampian Region or an Islands Area, for all their relevant property, rights and liabilities to be transferred to the North of Scotland Water Authority; and
Tayside Region—
for all their relevant property, rights and liabilities except such as they are entitled or subject to in the exercise of functions in relation to the provision of sewerage, or dealing with the contents of sewers, in the first added area (within the meaning of Schedule 8 to this Act), to be transferred to the North of Scotland Water Authority; and
for the property, rights and liabilities excepted by sub-paragraph (i) above to be transferred to the East of Scotland Water Authority.
In preparing a transfer scheme for the purposes of subsection (1) above a council shall take into account any advice given by the Secretary of State as to the provisions he regards as appropriate for inclusion in the scheme (and in particular, but without prejudice to that generality, as to the description of relevant property, rights and liabilities it is in his view appropriate to transfer to the new water and sewerage authority or authorities in question).
The Secretary of State, after such consultation with the Board or, as the case may be, with the council which prepared the transfer scheme, as he thinks fit, may— and a transfer scheme approved under this subsection shall come into force on the transfer date.
approve the scheme, either with or without modifications; or
refuse to approve it,
Before the scheme submission date the Secretary of State may give notice to the Board, or as the case may be to a council, that on the basis of such information as has (or has not) been submitted to him by the body in question, he considers it unlikely that the body will be in a position, by that date, to submit a transfer scheme to him in conformity with subsections (2) to (4), or as the case may be (5), above; and a body to which such notice is given need not comply (and shall take no further steps to comply) with subsection (2) above.
If—
the Secretary of State has given notice to the Board or to a council under subsection (7) above;
the Board or council do not submit a transfer scheme under subsection (2) above; or
the Board or council submit a transfer scheme which (either or both)— he may, in respect of the property, rights and liabilities of the Board or as the case may be of the relevant property, rights and liabilities of the council in question, himself make a transfer scheme to take effect on the transfer date.
has not been prepared in accordance with the provisions of this Part of this Act; or
could not reasonably be approved by the Secretary of State even after the exercise by him, as extensively as he considers appropriate, of his powers of modification under subsection (6)(a) above,
There shall not transfer or vest by virtue of subsection (1) above—
any right as respects—
a charge or rate mentioned in sub-paragraphs (a) to (c) of paragraph 1 of Schedule 11 to the Local Government Finance Act 1992 (charges or rate out of which expenditure incurred by local authority in meeting requisition under Part IV or VIII of the 1980 Act, or in the exercise of functions in relation to water supply, to be met);
a community charge or community water charge (within the meaning of the Abolition of Domestic Rates Etc. (Scotland) Act 1987) or council tax (within the meaning of Part II of the said Act of 1992); or
a non-domestic sewerage rate (whether levied under paragraph 19 of Schedule 5 to the said Act of 1987 or under paragraph 20 of the said Schedule 11); or
any right or liability arising under a contract of employment.
Where the Secretary of State makes a transfer scheme under subsection (8) above, he may recover his reasonable expenses in so doing, or such proportion of those expenses as he thinks fit— by such means as appear to him to be appropriate; and without prejudice to the generality of this subsection those means may include, as respects a council, setting off the expenses payable by them against revenue support grant or non-domestic rate income payable by him to them under paragraph 3 of Schedule 12 to the Local Government Finance Act 1992.
before the transfer date, from the Board or as the case may be from the council in question; or
on or after the transfer date, from the authority to which property, rights and liabilities of the council have transferred by virtue of paragraph (a), (b), (c) or as the case may be (d)(i) of subsection (4) above or, in the case of the Board, from the authority mentioned in the said paragraph (a),
A transfer scheme may—
define the property, rights and liabilities to be transferred to the transferee—
by specifying the property, rights and liabilities in question;
by specifying all the property, rights and liabilities referable to a particular part of the transferor’s functions; or
partly in the one way and partly in the other;
provide that any rights or liabilities specified, or described, in the scheme shall be enforceable by or against either the transferor’s successor or the transferee or by or against both the successor and the transferee;
impose on the successor or the transferee an obligation to enter into such written agreements with, or execute such other instruments in favour of, as the case may be, the transferee or the successor or such other person as may be specified in the scheme;
make appropriate supplemental, incidental, consequential or transitional provision.
An obligation imposed by a provision included in a transfer scheme by virtue of paragraph (c) of subsection (1) above shall be enforceable by civil proceedings by the successor or the transferee or the other person for an interdict or for any other appropriate remedy.
A transaction of any description which is effected in pursuance of any such provision as is mentioned in subsection (2) above—
shall have effect subject to any enactment which provides for transactions of that description to be registered in a statutory register; and
subject to paragraph (a) above, shall be binding on all other persons notwithstanding the transaction would, apart from this subsection, have required the consent or concurrence of any other person.
A right of pre-emption, right of irritancy or similar right affecting land (including, without prejudice to the generality of the expression “similar right”, any right under a clause providing for return or reversion in specified circumstances) shall not operate or become exercisable as a result of any transfer of land— and, without prejudice to paragraph 8 of that Schedule, any such right shall accordingly have effect in the case of any such transfer as if the transferee in relation to that transfer were the same person in law as the transferor and as if no transfer of the land had taken place.
by virtue of a transfer scheme;
by or under an agreement or instrument made or executed pursuant to any provision of Schedule 11 to this Act or pursuant to any directions given, or requirement imposed, under that Schedule; or
pursuant to an obligation imposed by a provision included in a transfer scheme by virtue of paragraph (c) of subsection (1) above;
Subsection (4) above shall have effect in relation to— as it has effect in relation to a transfer of land; and any reference in that subsection or in the following provisions of this section to the transferor or the transferee shall be construed accordingly.
the grant or creation of an estate or interest in, or right over, land; or
the doing of any other thing in relation to land,
In any case where any such right as is mentioned in subsection (4) above would, apart from that subsection, have operated in favour of, or become exercisable by, a person, but the circumstances are such that, in consequence of the operation of that subsection, the right cannot subsequently operate in favour of that person or, as the case may be, become exercisable by him, such compensation as may be just shall be paid to him by the transferor, the transferor’s successor or the transferee (or, in so far as the particular application of these provisions admits, by any two or by all of them) in respect of the extinguishment of the right.
Any dispute as to whether any, and (if so) how much, compensation is payable under subsection (6) above, or as to the person to whom or authority by whom it shall be paid, shall be referred to and determined by an arbiter appointed by the Lord President of the Court of Session.
Subject to subsection (10) below, if it appears to the regional council, or as the case may be to the islands council or the Board, that a person is, or may be, entitled to compensation under subsection (6) above—
they shall by written notice inform the person that he is, or may be, so entitled and shall invite him to make such representations as he wishes to them within fourteen days after the date of issue of the notice; or
where they do not know (either or both)— they shall publish, in such manner as they consider appropriate, a notice containing information about the interest affected and inviting any person who thinks that he is, or may be, entitled to compensation in respect of the interest to make such representations as he wishes to them by a date which they shall specify in the notice, being a date not less than twenty-eight days after the date of publication.
the name of the person concerned;
his address,
Any reference in this Part of this Act to a transferor’s successor is inapplicable where the transferor is the Board and is otherwise to be construed as a reference to the council for any local government area named in column 1 of Schedule 1 to this Act which is wholly or partly conterminous with the area of the transferor.
Where the last of the fourteen days after the date of issue of a notice under paragraph (a) of subsection (8) above falls on or after the transfer date, or the date specified in a notice published under paragraph (b) of that subsection so falls, and the representations are invited by—
a transferor other than the Board, the notice shall direct that any such representations be made to the transferor or, on or after that date, to the transferor’s successor;
the Board, the notice shall direct that any such representations be made to the Board or, on or after that date, to a specified transferee of the Board (the transferee in question being that which appears to the Board to be the most appropriate in the circumstances).
Subject to the provisions of this Act, a regional or islands council or the Board may do anything which is calculated to facilitate, or is conducive or incidental to, the prospective transfer—
of their property, rights and liabilities which is provided for in section 91(1) of this Act; or
of their rights and liabilities under contracts of employment which is provided for by virtue of section 97 of this Act.
All the regional or islands councils whose areas fall, wholly or partly, within either or both of the areas mentioned in—
paragraph (a) of subsection (1) of section 62 of this Act may jointly establish, or be required by the Secretary of State jointly to establish, a committee to consider any matter which it is expedient should be considered before 1st April 1996 in order to ensure the effective operation of the East of Scotland Water Authority thereafter;
paragraph (b), or as the case may be paragraph (c), of that subsection, may so establish or be required by the Secretary of State so to establish, a committee to consider as respects, respectively, the West of Scotland Water Authority or the North of Scotland Water Authority any such matter as a committee established under paragraph (a) above is to consider as respects the East of Scotland Water Authority
A committee established under subsection (2) above shall consist of such number (and respective numbers) of representatives of the councils by whom it is established as may be agreed between the councils or, in default of agreement, as may be determined by the Secretary of State.
Any expenses incurred by a committee established under subsection (2) above shall be defrayed by the councils by whom the committee was established in such proportions respectively as may be agreed between them or, in default of agreement, as may be determined by the Secretary of State.
The Secretary of State may direct the Board or any regional or islands council to furnish him, within such period as he may specify (being a period of not less than twenty-one days from the giving of the direction), with such information and assistance as he may require for the purposes of, or in connection with, his functions under section 91 of this Act.
Without prejudice to the generality of subsection (1) above, the assistance mentioned in that subsection includes allowing a person who is authorised for the purposes of this section by the Secretary of State (and who need not be an officer of the Secretary of State) access to land or premises of the Board, or as the case may be of the council, at such reasonable times as that person may request.
For the purposes of subsection (2) above—
the period of not less than twenty-one days mentioned in subsection (1) above shall be the period by the end of which access must be allowed if requested in accordance with subsection (2); and
a consecutive following period shall be specified in the direction under subsection (1) above, during which requests by the person for access (which may include access at the reasonable times for the whole or any part of so much of that period as for the time being remains) shall continue to be allowed.
Stamp duty shall not be chargeable on a transfer scheme or, subject to subsection (2) below, on any instrument which is certified to the Commissioners of Inland Revenue by the Secretary of State as having been made in pursuance of such a scheme.
No instrument which is certified as mentioned in subsection (1) above shall be taken to be duly stamped unless—
it is stamped with the duty to which it would but for that subsection be liable; or
it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped.
Stamp duty shall not be chargeable on any instrument which is made for the purposes of Schedule 11 to this Act.
No agreement made for the purposes of, or for purposes connected with, a transfer scheme shall give rise to a charge to stamp duty reserve tax; and no agreement which is made in pursuance of the said Schedule 11 shall give rise to such a charge.
In consequence of, or in connection with, the transfer and vesting effected by virtue of section 91(1) of this Act, the Secretary of State may by order under section 8(1) of this Act make provision in relation to the transfer of staff from the Board and from the regional and islands councils to the new water and sewerage authorities; and, subject to subsection (2) below, sections 8 and 9 of this Act shall apply as respects any such transfer as those sections apply to the transfer of staff from an existing local authority (however defined in those sections) to a new authority (however so defined).
Subsections (3) and (4) of section 8 of this Act shall apply as respects such employees of the Board or of an islands council as are transferred to a new water and sewerage authority as those subsections apply as respects employees of a regional council who are so transferred (subsection (6) of that section applying to an order made by virtue of this subsection as that subsection applies to an order made by virtue of subsection (1) above).
Section 10 of this Act shall apply as respects persons ceasing to be employed by the Board or by an islands council and being employed by a new water and sewerage authority as that section applies as respects persons ceasing to be employed by an existing local authority (as defined in that section) and being employed by another person (whether or not a new water and sewerage authority).
The advisory body designated, or as the case may be established, under section 11 of this Act shall carry out such functions in relation to the employees of the Board and, in so far as wholly or mainly employed in the exercise of such functions as are mentioned in section 91(1)(b) of this Act, of the islands authorities as the advisory body have, under section 11, in relation to employees of existing local authorities (as defined in subsection (10) of section 11); and, subject to subsection (5) below, subsections (3) to (8) and (11) of section 11 shall apply accordingly.
As applied by subsection (4) above—
subsections (3) to (6) of section 11 of this Act shall be construed as if references to an authority (unqualified by the word “local”) were references to the Board or to an islands council; and
subsection (7) of that section shall be construed as if—
the reference to an authority not having ceased to exist were a reference to the Board not having ceased to exist or to an islands authority not having ceased to have such functions as are mentioned in section 91(1)(b) of this Act; and
the references to “an existing authority”, “the authority” and “the local authority concerned” shall be construed as references to the Board or to an islands council.
The staff commission established under section 12 of this Act shall carry out such functions in relation to the employees of the Board and, in so far as wholly or mainly employed in the exercise of such functions as are mentioned in section 91(1)(b) of this Act, of the islands authorities as the commission have, under or by virtue of section 12, in relation to staff transferred from an existing local authority (as defined in subsection (8) of section 12) to a new authority (as so defined).
This subsection applies to any person who, at any time after the passing of this Act, is in the service— and who suffers loss of employment or diminution of emoluments which is attributable to any provision made by, under or by virtue of this Part, or Part V, of this Act.
of the Board or, in so far as wholly or mainly employed in the exercise of such functions as are mentioned in section 91(1)(b) of this Act, of an islands council; or
of a new water and sewerage authority,
Subsections (2) to (6) of section 13 of this Act shall apply as respects a person to whom subsection (7) above applies as they apply as respects a person to whom that section applies.
A new water and sewerage authority may under this subsection, for the purposes of any of their functions under this or any other enactment or for the purpose of there being provided, by some person other than themselves— acquire by agreement any land (other than water rights) whether situated inside or outside their water area or sewerage area.
a supply of water to the public; or
a system, to which the public shall have access, of drains, sewers or sewage treatment works,
In relation to any acquisition of land under subsection (1) above, the Lands Clauses Acts (except in so far as they relate to acquisition other than by agreement and to access to the special Act and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845), and— are hereby incorporated with this section; and, in construing those Acts for the purposes of that subsection, this section shall be deemed to be the special Act and the authority shall be deemed to be the promoters of the undertaking or company as the case may require.
in a case where the acquisition is in relation to the authority’s functions as sewerage authority or for the purpose of the provision of a system such as is mentioned in paragraph (b) of that subsection, sections 6 and 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); and
in any other case, the said section 6 and Part IV of Schedule 4 to the 1980 Act,
Without prejudice to the provisions of any order under section 17 of the 1980 Act (acquisition of water rights) and subject to section 18 of that Act (authorisation of compulsory acquisition of land necessary for purposes of order under section 17), a new water and sewerage authority may, for any of the purposes mentioned in subsection (1) of section 98 of this Act, be authorised by the Secretary of State to purchase compulsorily under this subsection such land as may, under that subsection, be acquired by them by agreement.
A new water and sewerage authority are a statutory undertaker for the purposes of subsection (1)(b) of section 120 of the Local Government, Planning and Land Act 1980 (persons to whose compulsory acquisition of an interest in land the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 in certain circumstances applies) not only (by virtue of the definition of “statutory undertaker” in subsection (3)(a) of that section) in respect of their functions as water authority but also in respect of their functions as sewerage authority.
A new water and sewerage authority may be authorised by the Secretary of State to purchase compulsorily, or may acquire by agreement, land for giving in exchange for such land as is mentioned in section 1(2)(b) of the said Act of 1947.
Subject to subsection (2) below, a new water and sewerage authority may dispose of land held by them in any manner, to whomsoever and for whatever purpose they wish.
Except with the consent of the Secretary of State, a new water and sewerage authority shall not dispose of land under subsection (1) above for a consideration less than the best that could reasonably be expected to be obtained on the open market.
The following section shall be inserted after section 3 of the 1968 Act—.
For section 10 of the 1968 Act (whereby local authorities are under a duty to empty septic tanks only where they have passed a resolution electing to do so) there shall be substituted—.
The following sections shall be inserted after section 37 of the 1968 Act—.
In section 50 of the 1968 Act (which imposes restrictions on the disclosure of information obtained under or by virtue of that Act)—
in subsection (2), after paragraph (a) there shall be inserted—; and
after subsection (3) there shall be added—.
In section 9(4) of the 1980 Act (which provides that questions as to the terms and conditions on which water is supplied etc. are to be referred to the Secretary of State in the absence of agreement), after the word “supplied” there shall be inserted “ (not being a question as respects charges for the water which is to be supplied) ”.
For section 12 of the 1980 Act (which provides for a water authority giving a supply of water to premises situated outwith their limits of supply if the water authority within whose limits the premises are situated consents) there shall be substituted—.
The following section shall be inserted after section 13 of the 1980 Act—.
For section 21 of the 1980 Act (which provides powers for the purposes of a water authority providing the whole or part of their limits of supply with a supply of water) there shall be substituted—.
In section 23 of the 1980 Act (power to lay mains), after subsection (1) there shall be inserted—.
In section 24 of the 1980 Act (which makes provision as regards communication and supply pipes)—
in subsection (4)—
after the word “road” there shall be inserted “ and is not, by virtue of any of subsections (5) to (8) below, vested in them ”; and
at the end there shall be added “ and to the terms and conditions of any such agreement as is mentioned in subsection (8) below ”; and
after subsection (4) there shall be added—.
The following section shall be inserted after section 24 of the 1980 Act—.
For section 41A of the 1980 Act (which makes provision as respects the supply of water by meter) there shall be substituted—.
In section 76E(4) of the 1980 Act (which provides for enforcement, by default order, of requirements as to quality of water unless the Secretary of State is satisfied that failures complained of were of a trivial nature or that certain undertakings given are being complied with), in paragraph (a)—
the words after “of”, where it first occurs, shall be sub-paragraph (i) of the paragraph; and
after that sub-paragraph there shall be added—; or .
In section 76F of the 1980 Act (general functions of local authorities in relation to water quality), after subsection (6) there shall be added—.
In section 101 of the 1980 Act (provisions as to regulations), after subsection (1A) there shall be added—.
Subject to subsection (2) below, the Secretary of State may under this subsection give a new water and sewerage authority directions of a general or specific character (but not such directions as may be given under section 117 of this Act) as to the exercise of the authority’s functions; and it shall be the duty of the authority to comply with those directions.
Before giving an authority directions under subsection (1) above, the Secretary of State shall consult the authority.
The Secretary of State may, after consultation with a new water and sewerage authority, give the authority such directions of a general character as appear to him requisite or expedient—
in the interests of national security; or
for the purpose of mitigating the effects of any civil emergency which may occur.
If it appears to the Secretary of State to be requisite or expedient to do so in the national interest or for the purpose of mitigating the effects of any civil emergency which has occurred or may occur, he may, after consultation with a new water and sewerage authority, give the authority a direction requiring that they do, or as the case may be do not do, a particular thing specified in the direction.
A new water and sewerage authority, notwithstanding any other duty imposed on them by, under or by virtue of this or any other Act, shall comply with any direction given to them under this section by the Secretary of State.
The Secretary of State shall lay before each House of Parliament a copy of a direction given under this section unless he is of the opinion that disclosure of the direction is against the interests of national security.
A person shall not disclose, or be required on any basis whatsoever to disclose, anything done by virtue of this section if the Secretary of State is of the opinion that disclosure of the thing would be against the interests of national security and has notified him of that opinion.
A person who, in contravention of subsection (5) above, discloses anything shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
In subsections (1) and (2) above, “civil emergency” means a natural disaster or other emergency which in the opinion of the Secretary of State is, or may be, likely— any area as seriously and adversely to affect all the inhabitants of the area, or a substantial number of them, whether by depriving them of any of the essentials of life or otherwise.
so to disrupt water supplies, the provision of sewerage or disposal of sewage in; or
to involve such destruction of, or damage to, life or property in,
A new water and sewerage authority shall provide the Secretary of State with such information relating to the exercise (and proposed exercise) of their functions as he may from time to time require, and for that purpose shall—
permit any person authorised to do so by the Secretary of State to inspect and make copies of their accounts, books, documents or papers; and
provide that person with such explanations in relation to the things inspected as the person may reasonably require.
As respects, and as soon as possible after the end of, each financial year, a new water and sewerage authority shall make to the Secretary of State a report on the exercise of their powers, and the performance of their functions.
The Secretary of State shall lay before each House of Parliament a copy of each report received by him under subsection (2) above.
Subject to subsection (3) below—
this section applies to all records (in whatever form or medium)—
transferred to and vested in a new water and sewerage authority by virtue of section 91(1) of this Act;
created or acquired by them in the exercise of any of their functions; or
otherwise in their keeping;
the authority shall ensure that the records, other than such as are mentioned in paragraph (c) below, are preserved and managed in accordance with such arrangements as the authority, after consulting the Keeper of the Records of Scotland, shall put into effect;
records which, in the opinion of the authority, are not worthy of preservation may be disposed of by them;
the authority may from time to time revise the arrangements mentioned in paragraph (b) above but before making any material change to those arrangements shall consult the Keeper; and
the authority—
shall secure that the Keeper has at all reasonable hours, unrestricted access to the records preserved by them;
may afford members of the public, free of charge or on payment of reasonable charges, facilities for inspecting, and for obtaining copies or extracts from, those records.
Nothing in subsection (1)(e)(ii) above permits infringement of copyright or contravention of conditions subject to which records are in the keeping of the authority.
In so far as any provision of, or inserted or amended by, this Part of this Act, being a provision which relates to records of a specific kind, is (but for this subsection) inconsistent with subsection (1) above, that subsection is subject to the provision in question.
The new water and sewerage authorities shall, in matters of common interest which relate to the performance of their functions, consult together and collaborate with each other.
Where a new water and sewerage authority propose to investigate a potential new source of water supply they shall, as soon as is practicable, give to any other such authority likely to be interested, notice of the proposal so that such consultation as is required in relation to the proposal by subsection (1) above may then begin.
A new water and sewerage authority may, where they are satisfied that it is expedient to do so—
with the consent of the Secretary of State, petition for the issue of a provisional order under the Private Legislation Procedure (Scotland) Act 1936; or
oppose any private legislation in Parliament.
The consent mentioned in paragraph (a) of subsection (1) above shall be withheld if the Secretary of State considers that the powers sought by the order petitioned for could be obtained by means of an order under the 1980 Act or, as the case may be, under the 1968 Act.
An application for the consent so mentioned shall be accompanied by a concise summary of the purposes of the order petitioned for.
In paragraph (b) of subsection (1) above, “private legislation in Parliament” includes—
a provisional order and a Confirmation Bill relating to such an order; and
any local or personal Bill.
The Secretary of State may, by regulations made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, require a local authority or an assessor to furnish relevant information (whether in documentary form or in such other form as he may specify) to a new water and sewerage authority.
For the purposes of subsection (1) above, information is relevant if, being information held— its possession by the new water and sewerage authority would, in the opinion of the Secretary of State, be likely to assist that authority to make a charges scheme or to collect, or arrange to have collected, such charges as may be fixed by a charges scheme made by them.
by the local authority in connection with their—
setting, levying or collecting council tax or council water charges (within the meaning of Part II of the Local Government Finance Act 1992) or the non-domestic water rate or non-domestic sewerage rate (as defined in paragraphs (c) and (d) of section 99(2) of that Act before the repeal of those paragraphs by this Act); or
levying or collecting the non-domestic rate (as for the time being defined in section 37(1) of the 1975 Act); or
as the case may be, by the assessor in connection with his functions under any enactment,
In the application of subsections (1) and (2) above to any requirement to furnish information imposed—
before 1st April 1996, “local authority” means a regional or islands council and “assessor” an assessor appointed under section 116(2) or (5) of the 1973 Act; and
on or after that date—
“local authority” means a council constituted under section 2 of this Act or a residuary body; and
“assessor” shall be construed in accordance with section 27 of this Act.
Without prejudice to the generality of subsections (1) and (2) above, in those subsections “information” includes a copy of the whole, or of any part of, a valuation roll or valuation list.
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There shall be an officer, to be known as the “Principal Reporter”, to whom there are hereby transferred the functions under the Social Work (Scotland) Act 1968 (hereafter referred to in this Part of this Act as “the 1968 Act”) and the Criminal Procedure (Scotland) Act 1975 of reporters appointed under subsection (1) of section 36 of the 1968 Act, which subsection shall cease to have effect.
The first appointment to the office of Principal Reporter shall be made by the Secretary of State on such terms and conditions as he may, with the approval of the Treasury, determine.
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There shall be a body, to be known as the “Scottish Children’s Reporter Administration” (hereinafter in this Act referred to as the “Administration”).
The Principal Reporter shall be the chief officer of the Administration.
The general purpose of the Administration shall be to facilitate the performance by the Principal Reporter of his functions under the 1968 Act and the Criminal Procedure (Scotland) Act 1975.
Appointments to the office of Principal Reporter subsequent to the first such appointment shall be made by the Administration with the consent of the Secretary of State on such terms and conditions as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
The Administration shall have such other officers as are necessary in order to assist the Principal Reporter; they shall, subject to section 137 of this Act, be appointed by the Administration on such terms as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine.
Schedule 12 to this Act (which provides as to the status, constitution and proceedings of the Administration and other matters relating to it) shall have effect.
The Administration shall be responsible for the management of its officers, including their discipline and removal from office and their deployment throughout Scotland for the purposes of performing their duties.
Nothing in this section or any other provision of this Act shall be taken as authorising the Administration to direct or guide the Principal Reporter in the performance of his functions under the 1968 Act and the Criminal Procedure (Scotland) Act 1975.
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If dismissed by the Administration, the Principal Reporter or any prescribed officer of the Administration may appeal to the Secretary of State against the dismissal.
An officer may be prescribed for the purposes of this section by reference to a class thereof so prescribed.
In an appeal under this section the Administration shall be the respondent.
The— shall be as prescribed.
procedure in relation to an appeal under this section;
effect of the making of such an appeal;
powers of the Secretary of State to dispose of such an appeal (including powers to make directions as to liability for expenses); and
effect of the exercise of such powers
In this section, “prescribed” means prescribed by regulations made by the Secretary of State.
Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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The Principal Reporter shall—
as soon as possible after the 31st March following upon the coming into force of this section make a report to the Administration on the exercise and performance to that date of—
his functions under the 1968 Act and the Criminal Procedure (Scotland) Act 1975; and
such functions as it has delegated to him under this Act; and
make similar reports as to each subsequent period of twelve months ending on 31st March as soon as possible after the end of that period.
If the date on which this section comes into force falls on a day after 30th September and before 31st March, the first report by the Principal Reporter under this section shall be for the period ending with the next succeeding 31st March.
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The Principal Reporter may delegate functions (other than that of making reports under section 130 of this Act) to other officers of the Administration.
In performing any function delegated to him under subsection (1) above, an officer shall comply with any instructions or guidance given by the Principal Reporter.
Any delegation made under subsection (1) above or instruction or guidance given for the purposes of subsection (2) above may be— and may be varied or revoked by a subsequent delegation so made or a subsequent instruction or, as the case may be, subsequent guidance so given.
to all officers, or to a class or classes of officer specified in the delegation, instruction or, as the case may be, guidance or to an individual officer so specified;
of a general or specific character,
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The Administration shall provide suitable accommodation and facilities for children’s hearings under section 34 of the 1968 Act.
Accommodation and facilities provided under subsection (1) above shall be provided for each local government area (but may be sited in another) and shall be dissociated from criminal courts and police stations.
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The Secretary of State may give the Administration directions of a general or specific character with regard to the achievement of its general purpose and discharge of its functions, and the Administration shall comply with any such directions.
A direction given under this section may be varied or revoked by a subsequent direction so given.
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The Secretary of State may, with the approval of the Treasury, make to the Administration grants of such amounts as he thinks fit.
A grant under this section may be made subject to such conditions as the Secretary of State may, with the approval of the Treasury, determine.
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The Administration shall—
furnish the Secretary of State with such returns, accounts and other information with respect to its property and activities or proposed activities as he may, from time to time, require;
afford him facilities for the verification of information so furnished; and
for the purpose of such verification, permit any person authorised in that behalf by the Secretary of State to inspect and make copies of the accounts, books, documents or papers of the Administration and to give that person such explanation of anything he is entitled to inspect as he may reasonably require.
The Administration shall— and a copy of every such report shall be laid before each House of Parliament by the Secretary of State: Provided that if the date upon which the said section 128 comes into force falls on a day after 30th September and before 31st March, the first report of the Administration under this section shall be for the period ending with the next succeeding 31st March.
as soon as possible after the 31st March following upon the coming into force of section 128 of this Act make a report to the Secretary of State on the exercise and performance of its functions to that date incorporating in that report a copy of so much of the report made to it by the Principal Reporter as to that period as was made under section 130(1)(a)(i) of this Act; and
make a similar report to him as to each subsequent period of twelve months ending on 31st March as soon as possible after the end of such period,
The Administration shall keep proper accounts and other records, and shall prepare for each financial year a statement of account in such form as the Secretary of State with the approval of the Treasury may direct and shall submit those statements of account to the Secretary of State at such time as he may with the approval of the Treasury direct.
The Secretary of State shall, on or before the 30th November in any year, transmit to the Comptroller and Auditor General the statement of account of the Administration for the financial year last ended.
The Comptroller and Auditor General shall examine and certify the statements of account transmitted to him under subsection (4) above, and shall lay copies of them together with his report thereon before each House of Parliament.
In this section “financial year” means the period beginning with the date upon which section 128 of this Act comes into force and ending with the 31st March following that date and each period of twelve months thereafter: Provided that if the date upon which the said section 128 comes into force falls on a day after 30th September and before 31st March, the first financial year of the Administration shall end with the next succeeding 31st March.
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Sections 8 (except subsections (3) and (4)), 9 and 12 of this Act shall apply also in relation to the transfer to the Administration of officers appointed under subsection (1) of section 36 of the 1968 Act and staff provided in pursuance of subsection (6) of that section with the following modifications—
references to an existing local authority shall include references to an islands council and references to a new authority shall be construed as references to the Administration; and
the reference in section 12(2)(a) to authorities which cease to exist by virtue of Chapter 1 of Part I of this Act shall include a reference to authorities which cease to have functions under section 36(1) and (6) of the 1968 Act.
Section 10 of this Act shall, with the modification specified in subsection (3) below, apply in relation to persons ceasing to be officers appointed or staff provided as mentioned in subsection (1) above and being subsequently employed by the Administration as it applies in relation to persons ceasing to be employed by an existing local authority and being subsequently employed by another person.
The modification referred to in subsection (2) above is that references in section 10 of this Act to an existing local authority shall include references to an islands council.
Section 11 of this Act shall apply also in relation to the remuneration of officers appointed and staff provided as mentioned in subsection (1) above with the following modifications—
references to an authority shall be construed as references only to an existing local authority and references to an existing local authority shall include references to an islands council;
the reference in subsection (5) to the Secretary of State consulting associations of local authorities and employees of local authorities shall include a reference to the Secretary of State consulting the Administration; and
the reference in subsection (7) to an authority not having ceased to exist shall include a reference to an authority not having ceased to have functions under section 36(1) and (6) of the 1968 Act.
Section 13 of this Act shall apply in relation to officers appointed or staff provided as mentioned in subsection (1) above with the modification that references in that section to an existing local authority shall include references to an islands council.
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Chapter 3 of Part I of this Act shall, with the modifications specified in subsection (2) below, apply in relation to the transfer to the Principal Reporter or the Administration of the property, rights, liabilities and obligations of reporters appointed under section 36(1) of the 1968 Act and such property, rights, liabilities and obligations as a local authority for the purpose of that Act has for the purposes of—
their functions under section 34(3) of that Act (duty to provide suitable accommodation and facilities for children’s hearings); or
providing accommodation and facilities for, or otherwise facilitating or supporting the performance of the functions of, reporters appointed under subsection (1) of section 36 of the 1968 Act or staff provided in pursuance of subsection (6) of that section.
The modifications referred to in subsection (1) above are as follows—
references in Chapter 3 of Part I of this Act to existing local authorities shall include references to reporters appointed under section 36(1) of the 1968 Act and to islands councils; and
references in that Chapter to new local authorities shall include references to the Principal Reporter and to the Administration.
In section 38 of the Social Work (Scotland) Act 1968 (initial investigation of cases by the reporter), after subsection (1), there shall be inserted—.
In section 39 of that Act (action on initial investigation), after subsection (4), there shall be inserted the following subsection—.
In section 88 of the 1973 Act (provision of information etc. on matters relating to functions of local authority), after subsection (2) there shall be inserted—.
In section 121 of the Civic Government (Scotland) Act 1982 (control of the seashore, adjacent waters and inland waters)—
in subsection (5), for paragraph (b) there shall be substituted—;
in subsection (6) the words from “and of” to “that proposal” shall cease to have effect; and
in subsection (7)— shall cease to have effect.
the words from “but the” to “his consent”; and
the word “nevertheless”,
Section 18 of the Representation of the People Act 1983 (polling districts and places at parliamentary elections) shall be amended in accordance with this section.
In subsection (3)—
for the words from “returning officer’s” to “places”, where it first occurs, there shall be substituted the words “ duty of every local authority to divide their area into polling districts for the purpose of parliamentary elections for so much of any constituency as is situated in their area and to designate the polling places for those polling districts ”;
in paragraph (a)— and
for the words “returning officer” there shall be substituted the words “ local authority ”;
for the words “the constituency” there shall be substituted the words “ so much of the constituency as falls within their area ”; and
for the word “he” there shall be substituted the words “ the local authority ”;
in paragraph (b), for the words from the beginning to “constituency”, where it last occurs, there shall be substituted the words “ each electoral ward, within the meaning of section 5 of the Local Government etc. (Scotland) Act 1994, which is wholly or partly within so much of any constituency as falls within their area ”.
In subsection (5)—
the words “any interested authority or” and “(or in Scotland, the returning officer)” shall cease to have effect;
the words “or returning officer”, in both places where they occur, shall cease to have effect; and
in the definition of “interested authority”, sub-paragraph (iii) shall cease to have effect.
In subsection (6), the words “or returning officer” shall cease to have effect.
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In section 22D of the Education (Scotland) Act 1980 (further provisions relating to denominational schools)—
in subsection (2)(a), for the word “the” there shall be substituted “ an ”;
in subsection (2)(c)—
for the words “the education authority”, where they first occur, there shall be substituted “ any education authority affected by it ”;
in sub-paragraph (i), for the words “the result” there shall be substituted “ any of the results ”; and
in sub-paragraph (ii), after the word “authority”, there shall be inserted “ submitting the proposal under subsection (1) above ”; and
for subsections (3) and (4) there shall be substituted the following subsection—.
The Education (Scotland) Act 1980 shall be amended in accordance with this section.
In section 50(3) (power of education authority to provide transport and other facilities in exceptional circumstances)—
in paragraph (a)—
after the word “with”, where it first occurs, there shall be inserted— ; and
after the word “Act” there shall be inserted— ; and
in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”.
In section 51 (provision of transport and other facilities)—
in subsection (2A)—
in paragraph (a)—
after the word “with” there shall be inserted— ; and
after the word “Act” there shall be inserted—; and
in paragraph (b), after the word “them” there shall be inserted “ or another education authority ”; and
after subsection (2AC) there shall be inserted the following subsection—.
In section 151 of the Roads (Scotland) Act 1984 (interpretation), after subsection (1) there shall be inserted the following subsection—.
After section 113 of the Roads (Scotland) Act 1984 there shall be inserted the following section—.
In paragraph 14D(1) of Schedule 1 to the Roads (Scotland) Act 1984 (procedure for making and confirming toll orders), at the end of paragraph (a) (and before the word “and” immediately following it) there shall be inserted the following paragraph—.
In section 27 of the New Roads and Street Works Act 1991 (toll orders), after subsection (9) there shall be inserted the following subsection—.
In section 112 of the New Roads and Street Works Act 1991 (road works register)—
in subsection (4), for the words from “of road” to “section” there shall be substituted the words “ under this section of such road works authorities as he may specify ”;
after subsection (4) there shall be inserted the following subsection—; and
in subsection (5), after the word—
“require” there shall be inserted the word “ the ”; and
“authorities” there shall be inserted the words “ so specified ”.
Notwithstanding the provisions of section 67 of the Road Traffic Regulation Act 1984 (persons empowered to place traffic signs on road in emergency etc.), the Secretary of State may, with the consent of the chief constable of the Police Service of Scotland as respects a road or any structure on a road, place on that road, or on any structure on that road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of the said Act of 1984), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.
Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic signs) shall apply to signs placed in the exercise of the power conferred by subsection (1) above.
In this section—
“road” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984; and
On and after 1st April 1995 no ... fishings or fish counters shall be entered in the valuation roll.
Nothing in subsection (1) above shall affect any right of a district salmon fishery board (within the meaning of section 40(1) of the Salmon Act 1986) to require the assessor to value and enter any rights of salmon fishing in the valuation roll for the purposes of fishery assessments only.
For the purposes of this section—
The Lands Valuation (Scotland) Act 1854 shall be amended as follows.
In section 42 (interpretation), in the definition of “lands and heritages”, for the words from “all machinery fixed” to the end of the first proviso substitute the words “ such class or classes of plant or machinery in or on any lands and heritages as may be prescribed by the Secretary of State by regulations ”.
After section 42 add—.
For any financial year, the Secretary of State may by regulations prescribe that the amount payable as non-domestic rate in respect of any lands and heritages shall be such amount as may be determined in accordance with prescribed rules.
Rules prescribed under this section may be framed by reference to such factors as the Secretary of State thinks fit and such factors may, without prejudice to that generality, include the circumstances of persons by whom rates are payable.
Regulations under this section may make different provision in relation to different areas and different classes of lands and heritages and, without prejudice to that generality, may make different provision in relation to lands and heritages
whose rateable value exceeds, and those whose rateable value does not exceed, a prescribed figure;
whose energy efficiency and greenhouse gas emissions fall into different categories prescribed for the purpose of this paragraph in rules under subsection (1);
which—
contribute to the net-zero emissions target (for example, by virtue of forming part of a district heating network) and those which do not so contribute,
contribute as mentioned in sub-paragraph (i) and whose contributions fall into different categories prescribed for the purpose of this sub-paragraph in rules under subsection (1).
Where regulations under this section apply in relation to any lands and heritages or class of lands and heritages, the non-domestic rate for the financial year to which the regulations relate shall be levied in respect of such lands and heritages, or class of lands and heritages, in accordance with the regulations.
Regulations under this section may make provision in relation to how lands and heritages are to be determined to fall within a category prescribed for the purpose of subsection (3)(b) or (c)(ii) in rules under subsection (1).
The power to make regulations under this section shall be exercisable by statutory instrument.
Any instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The Scottish Ministers may, during the financial year 2020-21, make regulations under subsection (1) prescribing rules, in accordance with which the amount payable as non-domestic rate may be reduced or remitted, which are to apply—
for the whole of that year, including the period prior to the regulations being made, or
for such period falling within that year as is specified in the regulations, including a period beginning prior to the regulations being made.
In subsection (3)(c), “net-zero emissions target” has the meaning given by section A1(1) of the Climate Change (Scotland) Act 2009.
For section 24 of the Local Government (Scotland) Act 1966 (liability to be rated in respect of certain unoccupied property) substitute—.
After section 24 of the Local Government (Scotland) Act 1966 insert—.
After section 25 of the Local Government (Scotland) Act 1966 insert—.
In section 69 of the Local Government, Planning and Land Act 1980 (grants in respect of rebates under the Rating (Disabled Persons) Act 1978)—
after subsection (1) insert—; and
after subsection (2) insert—.
Schedule 32 to the Local Government, Planning and Land Act 1980 shall be amended in accordance with this section.
In paragraph 33(2) (meaning of exempt lands and heritages for purpose of paragraph 33)—
paragraph (a) shall cease to have effect; and
for paragraph (b) substitute—.
In paragraph 34 (grants to compensate rating authorities for loss of revenue)—
in sub-paragraph (1)—
at the beginning insert the words “ For the financial year 1995-96, ”; and
after “revenue” insert the words “ in respect of the non-domestic sewerage rate ”.
In section 6 of the 1975 Act (valuation by formula of certain lands and heritages), after subsection (5) there shall be inserted the following subsection—.
After section 6 of the Valuation and Rating (Scotland) Act 1956 there shall be inserted the following section—.
The Scottish Valuation Advisory Council constituted under section 3 of the Valuation and Rating (Scotland) Act 1956 (“the 1956 Act”) shall cease to exist immediately before 1st April 1996.
In the 1956 Act— shall cease to have effect.
section 3; and
in section 43(1) (interpretation), the definition of “Advisory Council”,
After section 13 of the Transport Act 1968 there shall be inserted the following section—.
Section 83 of the 1973 Act (power of local authorities to incur expenditure not otherwise authorised) shall be amended in accordance with this section.
In subsection (1)—
after the words “in the interests of” there shall be inserted the words “ and will bring direct benefit to ”;
after the words “incur any expenditure” there shall be inserted “ (a) ”; and
at the end there shall be added the words—nor .
Subsection (3A) shall cease to have effect.
For subsection (4) substitute—.
For subsections (5) and (6) substitute—.
The Secretary of State may by regulations made with the consent of the Treasury make provision with respect to the powers of authorities—
to borrow and lend money; and
to establish and operate loans funds.
Regulations under this section may make different provision in respect of different authorities and may include such incidental, supplemental and consequential provision as the Secretary of State considers appropriate.
Without prejudice to the generality of the powers conferred by subsections (1) and (2) above, regulations under this section may—
specify the purposes for which an authority may borrow money;
place limits on amounts which an authority may borrow;
specify the means by which an authority may borrow;
make provision for—
the means by which money borrowed by an authority may be secured; and
the protection of persons borrowing from an authority;
specify from whom an authority may borrow or to whom they may lend;
specify the terms on which an authority may lend;
make provision as to what assets and liabilities may be paid or transferred into or out of a loans fund and on what terms;
provide for investigations to be carried out at the instance of the Secretary of State into the administration of a loans fund;
place requirements on an authority to obtain such consent as may be prescribed before taking prescribed actions; and
where an authority have failed to comply with the regulations, provide for the Secretary of State to apply to the Court of Session for an order ordaining compliance, and for the court to grant such an application if they think fit.
Where it appears to the Secretary of State to be necessary or expedient, in the light of any regulations made under this section, to amend any reference in any enactment, whether passed before or after the coming into force of this section— he may by regulations make such amendment.
to a loans fund; or
to any provision in Schedule 3 to the 1975 Act,
Regulations under this section shall be made by statutory instrument, but shall not be made unless a draft of any such statutory instrument has been laid before and approved by resolution of each House of Parliament.
For the purposes of this section “authority” means a local authority, a joint board . . ., the Strathclyde Passenger Transport Authority or a Transport Partnership created by order under section 1 of the Transport (Scotland) Act 2005.
For section 11 of the Local Government (Scotland) Act 1966 substitute—.
After section 108 of the Local Government Finance Act 1992 insert—.
After section 15 of the 1975 Act there shall be inserted the following section—.
Paragraphs 22(1)(c) and 24A of Schedule 3 to the 1975 Act shall cease to have effect.
The Secretary of State may by regulations require any authority defined for the purposes of section 1(1) of the Local Government Act 1988 (“the 1988 Act”) to publish a statement, to be known as a statement of support services costs (hereinafter referred to as a “statement”), of the cost to the authority of each of the activities to which this section applies.
This section applies to—
any activity which is a defined activity within the meaning of section 2(2) of the 1988 Act;
any other prescribed activity.
A statement shall—
show the cost to the authority of the activity to which it applies, whether or not that activity, or any part of it, is carried out by employees of the authority; and
show how that cost is allocated amongst the public services provided by the authority.
A statement shall— as may be prescribed, and different provision may be made in relation to the matters mentioned above in relation to different authorities.
be in such form;
be published on or by reference to such date;
contain such information:
be made available for inspection by the public in such manner; and
be supplied to the public on such terms as to payment,
Such of the information contained in the statement as may be prescribed shall be included within the annual abstract of accounts (or any equivalent to such an abstract) produced by an authority.
For the purposes of this section the cost of any activity shall be calculated in such manner and by reference to such factors as may be prescribed.
In this section—
“authority” means—
“electoral division” means an electoral division for regional council elections as at 5th May 1994;
Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
After section 122 of the 1973 Act there shall be inserted the following section—.
After section 171 of the 1973 Act there shall be inserted—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State shall, in accordance with the provisions of this section and not later than 1st April 1996, by order make schemes for the establishment for such areas as may be specified in the order of area tourist boards (hereafter referred to as “boards”).
The principal function of a board shall be to carry on activities relating to tourism.
A scheme under this section shall—
make provision for the constitution of a board;
specify the area for which the board is established;
provide that the board shall be a body corporate with a common seal;
provide that the Secretary of State shall appoint the first members of the board and, from among those members, the first members of the controlling body of the board; and thereafter the members of such controlling body shall be appointed by the board;
contain provision stating that it shall not, without the express or general consent given in writing of the Secretary of State (or such body as he may direct the board to consult), carry on activities relating to the promotion of tourism outside the United Kingdom; and
make, where applicable and to such extent as the Secretary of State considers appropriate, transitional provision such as is mentioned in subsection (5) below.
A scheme under this section may—
for the purposes of enabling a board to carry on its principal function, confer additional functions and powers on a board, including power to hold property and to employ staff;
subject to the provisions of this section, provide who may be appointed to be members of the board;
make provision for the payment of remuneration, allowances, pensions and gratuities to members of the board;
subject to the provisions of this section and such conditions as may be specified in the scheme, enable a board to form or acquire a company;
make provision for the board to regulate its own procedure;
make provision for the board to appoint committees (including committees composed of persons who are not members of the board) and for the payment to persons appointed to such committees of such remuneration and allowances as the board may determine;
make provision enabling the board to delegate any of its duties to any of its members who or committees which are authorised (generally or specifically) for the purpose;
make provision as to the method of authentication of documents by the board; and
make provision for such other matters as the Secretary of State thinks fit.
The transitional provision mentioned in paragraph (f) of subsection (3) above is provision for—
the revocation of any scheme made under section 90A of the 1973 Act (schemes for formation of area tourist organisations etc.) by an islands or district council whose area lies wholly or partly within the area of the proposed board;
the winding up and dissolution of any area tourist organisation (whether a body corporate or not) formed by or for the purposes of any scheme made under the said section 90A;
the transfer of any staff of any such area tourist organisation to such board established under this section as may be specified in the order; and
the transfer to and, with effect from the date on which the scheme under this section takes effect, vesting in such board or boards established under this section as may be specified in the order of such property, rights and liabilities of any such tourist organisation as may be so specified.
The number of persons representative of a local authority appointed as members of the controlling body of a board (in this section referred to as “local authority members”) shall not exceed the number of subscribing members appointed as members of such a controlling body; and where local authority members are appointed the total number of voting rights accorded to them shall not exceed the total number of voting rights accorded to subscribing members.
For the purposes of subsection (6) above, a subscribing member is a member of a board who— and includes, where the subscribing member is a body corporate, a person representative of that body corporate.
is such member of the board by reason of his—
being resident, or carrying on business, in the area of the board; and
carrying on, or having an interest in, activities relating to tourism in the area of the board; and
pays a membership subscription to the board,
A board shall not— and its property shall not be regarded as property of, or held on behalf of, the Crown.
be regarded as a servant or agent of the Crown;
have any status, immunity or privilege of the Crown; or
be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local,
A board shall not— unless the constitution of any such body corporate contains a provision stating that it shall not, without the express or general consent given in writing of the Secretary of State (or such body as he may direct the board to consult), carry on activities relating to the promotion of tourism outside the United Kingdom.
form or promote, or join with any other person in forming or promoting, any body corporate (including a company (within the meaning of the Companies Act 1985)); or
acquire the majority of the voting rights in such a body corporate,
Before making a scheme under this section the Secretary of State shall consult—
the Scottish Tourist Board; and
any— whose area lies wholly or partly within the area of the proposed board.
district or islands council; and
new local authority,
A scheme made by an order under this section shall not take effect before 1st April 1996 except in relation to—
the constitution of a board;
the carrying out by that board of any functions necessary to bring the scheme into operation on that date; and
the winding up of an existing board.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section and in sections 173 and 174 of this Act “new local authority” means a council constituted under section 2 of this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by order amend or revoke a scheme made under section 172 of this Act and the provisions of the said section 172 shall, so far as applicable, have effect in relation to any such amending or revoking scheme, subject to any necessary modifications and to the provisions of this section.
Without prejudice to the generality of the provisions of subsection (1) above, provision may be made in an amending or revoking scheme—
for altering the area for which a board (hereafter referred to as the “original board”) is constituted under the scheme, whether or not that board is dissolved by virtue of the subsequent scheme;
for the dissolution and winding up of an original board;
for the transfer to such board as may be specified in the subsequent scheme of staff employed by the original board;
for the transfer to and, with effect from the date on which the subsequent scheme takes effect, vesting in such board or boards as may be specified in that scheme of such property, rights and liabilities of the original board as may be so specified;
for any other matters incidental to or consequential on the provisions of such scheme.
The power conferred on the Secretary of State by subsection (1) above may be exercised in relation to an amending or revoking scheme made or, as the case may be, approved by order under this section or section 174 of this Act.
Before making a scheme under this section the Secretary of State shall consult—
the bodies mentioned in section 172(10)(a) and (b)(ii) of this Act; and
where the subsequent scheme alters the area of the original board, any new local authority whose area lies wholly or partly within such altered area.
An order under this section shall be made by statutory instrument; and such instrument shall, where it contains provision such as is mentioned in subsection (2)(a) above, be subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A new local authority whose area lies wholly or partly within the area of a board established by virtue of a scheme made under section 172 or 173 of this Act may, together with any other such authority whose area lies wholly or partly within the area of that board, submit to the Secretary of State for his approval a scheme for the amendment or revocation of such a scheme.
The provisions of sections 172 and 173 of this Act shall, so far as applicable, have effect in relation to an amending or revoking scheme made under this section subject to any necessary modifications and to the provisions of this section.
Before making an amending or revoking scheme under this section, the authority or authorities concerned shall consult the Scottish Tourist Board.
The power conferred on new local authorities by subsection (1) above may be exercised in relation to an amending or revoking scheme approved by order under this section.
The Secretary of State may by order approve any scheme submitted to him under this section.
An order under this section shall be made by statutory instrument; and such instrument shall, where it contains provision such as is mentioned in section 173(2)(a) of this Act, be subject to annulment in pursuance of a resolution of either House of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 90 of the 1973 Act there shall be substituted the following section—.
Schedule 1 to the House of Commons Disqualification Act 1975 shall be amended as mentioned in subsections (2) and (3) below.
The East of Scotland Water Authority. ; The North of Scotland Water Authority. ; The Scottish Children’s Reporter Administration. ; . . . ; and The West of Scotland Water Authority.
Any member of the staff commission established by virtue of section 12 of the Local Government etc. (Scotland) Act 1994. ; Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994 who is in receipt of remuneration. ; and Any member of the property commission established by virtue of section 19 of the Local Government etc. (Scotland) Act 1994.
There shall be paid out of money provided by Parliament—
any expenses of the Secretary of State incurred in consequence of the provisions (other than section 84(5)) of this Act; and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
There shall be paid out of the National Loans Fund any sums issued to the Secretary of State under section 84(5) of this Act.
There shall be paid into—
the National Loans Fund any sums paid to the Secretary of State under section 84(5) of this Act; and
the Consolidated Fund any sums paid to the Secretary of State in consequence of any other provision of this Act.
of the 1980 Act, shall not affect the operation of the said sections 65, 66 and 67 as respects—
The repeal by this Act of the said section 65 shall not affect that section’s application, under subsection (4) of section 75 of the Agricultural Holdings (Scotland) Act 1991, to such charging orders as are mentioned in subsection (2) or (3) of the said section 75.
The repeal by this Act—
of section 47 of the 1968 Act shall not affect the operation of that section as respects—
any charging order made before 1st April 1996 under subsection (1) of that section; or
any right conferred by that section to recover expenditure provided that the expenditure was incurred before that date;
of the said sections 65, 66 and 67 shall not affect those sections’ application, under subsection (2) or (3) of the said section 47, to such charging orders as are mentioned in sub-paragraph (i) of paragraph (a) above or, as the case may be, for the purpose of the right of recovery mentioned in sub-paragraph (ii) of that paragraph.
Without prejudice to subsection (4) of section 72 of the 1980 Act (certain byelaws to cease to have effect at expiration of a specific period unless extended), or to that subsection as it applies by virtue of section 63(10) of the Countryside (Scotland) Act 1967 (byelaws as respects recreational use of waterway or land), a byelaw made by the Board or by any other transferor as water authority, or having effect, immediately before the transfer date, as if so made by virtue of section 73(3) of the 1980 Act (power of Secretary of State to require making of byelaws), shall on and after that date have effect, though only within the area in which it had effect immediately before that date, as if made by the transferee as water authority, with any reference in the byelaws to the transferor being construed, in so far as the context admits, as a reference to the transferee.
In subsection (4) above, “transferor” and “transferee” mean the transferor and transferee in a transfer scheme; and for the purposes of that subsection the transferee where the transferor is the Board shall be taken to be the East of Scotland Water Authority only.
Section 125 of this Act applies for the interpretation of subsections (1) to (5) above as that section applies for the interpretation of Part II of this Act.
Schedule 13 to this Act, which contains minor amendments and amendments consequential upon the provisions of this act, shall have effect.
The enactments mentioned in Schedule 14 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.
The Secretary of State may at any time, whether before or after 1st April 1996 by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient— and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
for the gereral or any paricular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or
in consequence of such of the provisions of this Act or 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—
make provision in the case ofany 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 such an order shall be inconsistsent with any provision of this Act;
in relation to the period prior to 1st April 1996, and subject to such modifications as the Secretary of State thinks necessary or expedient, apply to the new authorities any enactment relating to a local authority in Scotland;
apply, with or without modifications or amend, repeal or revoke (with or without savings) any provision of an Act passed before this Act or in the same Session, or an instrument made under such an Act before 1st April 1996; or
make savings, or additional savings, from the effect of any repeal made by this Act.
Subject to subsection (6) below, anything done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority in connection with the discharge of any of their functions shall, as from 1st April 1996, be treated as having been done by , to or in relation to the new authority by whom those functions become exercisable on and after that date by virtue of this Act; and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority by whom those functions were exercisable before that date were a reference to the new authority by whom those functions become exercisable.
Without prejustice to the generality of subsection (3) above, the things to which it refers include—
any agreement, instrument, decision, designation, determination, declaration or order made or treated as having been made by an existing local authority;
any notice or direction given or treated as given by or to such an authority;
any licence, certificate, permission, consent, approval, refusal, exemption, dispensation or relaxation granted or treated as granted by or to such an authority;
any application, request,proposal or objection made or treated as made by or to such an autority;
any fee paid to or by such an authority;
any condition or requirement imposed or treated as imposed by or on such an authority;
any proceedings instituted by or against any such authority; or
any appeal allowed by or in favour of or against such an authority.
If there is any doubt as to the indentity of the new authority to whom any particular functions are so transferred, that authority shall be taken to be such as may be specified in a direction given by the Secretary of State.
Subsection (3) above is without prejudice to any express provision made by, or by any intrument or transfer scheme made under, this Act but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State.
Section 25 of the 1973 Act (transitional agreements as to property and finance) shall apply for the purposes of Parts I and V of this Act as if any reference to an order under Part II of that Act included a reference to any provision of Part I of this Act or to any provision of any instrument made under Part of this Act, but any agreement made by virtue of this subsection may only be made by new authorities and after 31st March 1996.
An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament
In this section— “existing local authority” includes a joint committee and a joint board and a reporter appointed under section 36(1) of the Social Work (Scotland) Act 1968; “joint committee”and “joint board” have the meanings given by sectio 235(1) of the 1973 Act; and “new authority”means—
any of the authorities constituted under section 2 of this Act;
a joint committee and a joint board;
“the 1992 Act” means the Local Government Finance Act 1992,
a residuary body;
the Strathclyde Passenger Transport Authority;
a new water and sewerage authority within the meaning of Part II of this Act;
the Principal Reporter; and
the Scottish Children’s Reporter Administrations
Until 1st April 1996—
section 70 of the 1973 Act (acuisition of land by agreement) shall have effect as if, in subsection (1), after paragraph (b) there were inserted “:, or
section 71 of the 1973 Act (acquisition of land compulsorily) shall have effect as if, in subsection (1), after “enactment” there were inserted “or of there being provided by some person other than themselves a system, to which the public shall have access, of drains, sewers or sewage treatment works”; and
there being provided by some person other than themselves a systsem, to which the public shall have acess, of drains, sewers or sewage treatment works,”,;
section 15 of the Water (Scotland) Act 1980 (power to acquire land) shall have effect as if, at the end of each of subsections (1) and (3), there were added “or for the purpose of there being provided by some person other than themselves a supply of water to the public”.
section 15 of the Water (Scotland) Act 1980 (power to acquire land) shall have effect as if, at the end of each of subsections (1) and (3), there were added “or for the purpose of there being provided by some person other than themselves a supply of water to the public”.
If the Secretary of State provides, by order under section 184(2) of this Act, that any provision of Part II of (or of Schedule 13 to) this Act which— shall come into force before 1st April 1996, he may provide in the order that the section amended, or as the case may be the section or subsection added, shall until that date apply as if modified in such manner as he shall specify in the order; the modifications being such as appear to him to be requisite having regard of the fact that some other provision of that Part (or that Schedule) is not for the time being in effect.
amends section 1, 16, 21(1), 22, 23, or 48 of the Sewerage (Scotland) Act 1968 or section 32 of the Control of Pollution Act 1974; or
adds to the said Act of 1968 a new section 3A or 16A or to section 20 of that Act a new subsection (5),
In this Act, unless the context other wise requires— “residuary body” shall be construed in accordance with section 18 of this Act; “the Valuation Acts” means the Lands Valuation (Scotland) Act 1854, the Acts amending that Act and any other enactment relating to valuation; “the 1973 Act” means the Local Government (Scotland) Act 1973; and “the 1975 Act” means the Local Government (Scotland) Act1975.
Subject to section 59 of this Act and to any particular amendment of any enactment made by or under this Act— shall be construed as a reference to a council constituted under section 2 of this Act.
any reference in any enactment to a local authority within the meaning of the 1973 Act (whether expressed as a reference to such an authority, or to a regional, islands or district council, or otherwise); or
any reference in any enacatment to a local auathority within the meaning of the Local Government (Scotland ) Act 1947 (“the 1947 Act”) which, by virtue of paragraph 1(2) of Schedule 27 to the 1973 Act, falls to be construed as a reference to a local authority within the meaning of the 1973 Act,
For the purpose of translating any reference, however expressed, in any enactment to a local authority within the meaning of either the 1973 Act or the 1947 Act to a reference to a council constituted under section 2 of this Act, the Secretary of State may by order made by statutory instrument make such amendments to any such enactment as he considers necessary or expedient
Subject to any particular amendment of any enactment made by this Act, any reference in any enactment to—
the director of education shall in relation to any purpose be construed as a reference to the officer appointed by a local authority for that purpose;
the director of secial work shall be construed as a reference to the chief social work officer.
Any reference in any enactment, other than the Social Work (Scotland) Act 1968 or the Criminal Procedure (Scotland ) Act 1975 (in respect of which Acts particular provision is made in Schedule 13 to this Act), to a reporter appointed under section 36(1) of the former Act shall be construed as a reference to the Principal Reporter
In this section “enactment” means any enactment or instrument made under an enactment, whether passed or made before or after the coming into force of this section; but does not include this Act or any instrument made under this Act.
This Act may be cited as the Local Government etc. (Scotland) Act 1994
This Act, except section 163, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.
This Act shall extend to Scotland only.
Section 1(2) and (4).
New local government areas Comprising area of City of Aberdeen. Aberdeen District Council. Aberdeenshire. Banff and Buchan District Council; Gordon District Council; Kincardine and Deeside District Council. Angus. Angus District Council; Tayside electoral divisions 30 (Monifieth) and 31 (Sidlaw) (except first, polling district PDB; secondly, that part of polling district PDC lying to the east and south of a line commencing at the junction of unnamed roads at grid reference NO 3297 3106; then running northwest to the crossroads at Mains of Fowlis at grid reference NO 3247 3239; then running northeastward along the unnamed road between Mains of Fowlis and Liff to the western curtilage of the property known as Cater-Milly at grid reference NO 3300 3276; then running southward and eastward along the western and southern curtilages of the said property to the field boundary at grid reference NO 3308 3259; then continuing southeastward along the said field boundary and across the Liff Burn to the eastern perimeter of the woodland known as Gray Den at grid reference NO 3332 3239; then running north and east along the path running along the said eastern perimeter of Gray Den to its junction with the unnamed track between Liff and Mains of Gray at grid reference NO 3336 3273; then running north to the junction of the said track and the southern curtilage of the property known as Gray Cottage; then running northeastward along the southern curtilages of Gray Cottage, Learsmonth House, Woodend Cottages and No. 31 Church Road to the southern edge of Church Road where it runs between Liff and the Royal Dundee Liff Hospital then running eastward along the continuation of the said road past the northern perimeter of the said Hospital to the road junction at grid reference NO 3537 3276; thirdly, that part of polling district ADA lying to the east and south of a line commencing at a point on the A923 road at grid reference NO 3560 3378; then running north along the eastern curtilage of No 100 Coupar Angus Road and northwestwards along the northern curtilages of Nos 100 to 122 Coupar Angus Road to the eastern perimeter of Blairfield Road; then northwards along the said eastern perimeter to the field boundary at grid reference NO 3533 3436; then northeastwards along the said field boundary to its junction with Templeton Road at grid reference NO 3577 3455; fourthly, that part of polling district ADC lying to the east and south of a line commencing at grid reference NO 3660 3474 then running northward to the northwest corner of Baldragon Wood at grid reference NO 3658 3496; then running eastward along the northern perimeter of the said wood and continuing along the field boundary to grid reference NO 3725 3491; fifthly, those parts of polling districts ADE and ADF lying to the east and south of a line commencing on the southern boundary of polling district ADE on the A90 road at grid reference NO 4166 3458; then running northwards along the said A90 road to its intersection with Emmock Road at grid reference NO 4180 3508 then running southeastwards along the said Emmock Road to its junction with the unnamed road leading to South Powrie and Barns of Wedderburn then eastwards along the said unnamed road as far as the northwestern curtilage of Barns of Wedderburn at grid reference NO 4347 3469; then running southwestwards and southeastwards along the northwestern and southwestern perimeter of the said property to the point where it meets the unnamed road leading to Fintry at grid reference NO 4347 3458; then running southwestwards along the said unnamed road to the road junction at grid reference NO 4345 3452; and sixthly, those parts of polling districts EDN, EDQ, PDA, WED, WEE, WEF and WEG lying within its boundary). Argyll and Bute. Argyll and Bute District Council; Strathclyde electoral division 7 (Helensburgh) and, in Strathclyde electoral division 8 (Vale of Leven), polling district DB77 and that part of polling district DB78 lying north of a line commencing at grid reference NS 3464 8256; then running northeastwards to the field corner at grid reference NS 3469 8264; then southeastwards to the field junction at grid reference NS 3608 8198; then northeastwards to the field junction at grid reference NS 3658 8242; then northwestwards to the junction of the field boundary and an unnamed burn at grid reference NS 3613 8269; then generally northeastwards along the course of the said burn to where it meets Loch Lomond at grid reference NS 3743 8336; then due northeastwards from that point to the eastern boundary of the said polling district in Loch Lomond. East Ayrshire. Kilmarnock and Loudoun District Council and Cumnock and Doon Valley District Council. North Ayrshire. Cunninghame District Council. South Ayrshire. Kyle and Carrick District Council. The Borders. Borders Regional Council. Clackmannan. Clackmannan District Council. Dumbarton and Clydebank. Clydebank District Council; Strathclyde electoral divisions 6 (Dumbarton) and 8 (Vale of Leven) (except the areas of the said electoral division 8 included in Argyll and Bute). Dumfries and Galloway. Dumfries and Galloway Regional Council. East Dunbartonshire. Bearsden and Milngavie District Council; Strathclyde electoral divisions 43 (Kirkintilloch), 44 (Strathkelvin North), 45 (Bishopbriggs) and the South Lenzie/Waterside district ward in Strathclyde electoral division 46 (Chryston). City of Dundee. City of Dundee District Council (except Tayside electoral division 30 (Monifieth) and those parts of 31 (Sidlaw) which are in Angus or Perthshire and Kinross). City of Edinburgh. City of Edinburgh District Council. Falkirk. Falkirk District Council. Fife. Fife Regional Council. City of Glasgow. City of Glasgow District Council except Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King’s Park\Toryglen), polling districts RU03, RU04, RU09 and RU18. Highland. Highland Regional Council. Inverclyde. Inverclyde District Council. North Lanarkshire. Cumbernauld and Kilsyth, Motherwell and Monklands District Councils; Strathclyde electoral division 46 (Chryston) (except South Lenzie/Waterside district ward). South Lanarkshire. Clydesdale, Hamilton and East Kilbride District Councils; Strathclyde electoral divisions 37 (Rutherglen/Fernhill), 38 (Cambuslang/Halfway) and, in 35 (King’s Park/Toryglen), polling districts RU03, RU04, RU09 and RU18. East Lothian. East Lothian District Council. Midlothian. Midlothian District Council. West Lothian. West Lothian District Council. Moray. Moray District Council. Orkney Islands. Orkney Islands Council. Perthshire and Kinross. Perth and Kinross District Council and, in Tayside electoral division 31 (Sidlaw), polling district PDB and that part of polling district PDA lying to the south of a line commencing at a point adjacent to Starr Inn Farm at grid reference NO 3309 3051 on the A90 road; then running eastward along the said road to the junction at grid reference NO 3462 3079. East Renfrewshire. Eastwood District Council; Strathclyde electoral division 79 (Barrhead). Renfrewshire. Renfrew District Council (except Strathclyde electoral division 79 (Barrhead)). Shetland Islands. Shetland Islands Council. Stirling. Stirling District Council. Western Isles. Western Isles Islands Council.
The boundaries of the new local government areas shall be mered by Ordnance Survey.
In this Schedule—
Section 7(1).
For the purpose of any election of councillors held before the relevant year of election, every local government area shall be divided into such electoral 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 consultation as he considers 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 occurring after the making of an order constituting the new electoral wards of that local government area in consequence of a review under Schedule 5 to the 1973 Act. A direction under this paragraph may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State may consider to be appropriate.
Notwithstanding the provisions of section 41(1) (returning officer to be an officer of the council) of the Representation of the People Act 1983 (“the 1983 Act”), at the elections of councillors to be held on 6th April 1995, the returning officer shall be an officer appointed by such regional or district council as the Secretary of State may direct. Section 42(5) (expenses of election) of the 1983 Act shall not apply to any such election, but all expenditure properly incurred by a returning officer or other officer 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, failing such agreement, by such of them, and in such proportions, as may be determined by the Secretary of State. In this paragraph “existing authorities” means the authorities all or part of whose area is included in the area of the new authority whose council is being elected.
For the purposes of section 29 of the 1973 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 for that purpose by the Secretary of State, and shall be held at such place as that person may appoint. The notice of the meeting required by paragraph 2(1) of Schedule 7 to the 1973 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 convener 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 convener of the council, but the person so acting as convener 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 by the Secretary of State, shall apply at the first meeting of a new council.
No election of councillors of an existing local authority shall be held on or after 16th November 1994, except an election to fill a casual vacancy where the date of the election has been fixed in accordance with section 37(1) of the 1973 Act before 16th November 1994; and on and after that date any such casual vacancy shall be filled by the authority themselves electing a person to fill that vacancy.
The term of office of the convener and any depute convener elected to a council following the ordinary election on 6th April 1995 shall terminate on the day of the first meeting of the council held on or after 1st April 1996. At that meeting the election of a convener shall be the first business. The retiring convener shall be eligible for re-election, but shall in any event preside until a convener has been elected.
Section 18(10).
A residuary body shall—
be a body corporate; and
have a common seal.
A residuary body shall not be regarded as acting on behalf of the Crown and neither that body nor its members, officers or servants shall be regarded as Crown servants.
Subject to the provisions of this paragraph, every member of a residuary body shall hold and vacate his office in accordance with the terms of his appointment. A residuary body shall consist of not less than three and not more than seven members appointed by the Secretary of State; and the Secretary of State shall appoint one of those members to be chairman and may appoint another to be deputy chairman of that body. The Secretary of State may by order alter either of the numbers specified in sub-paragraph (2) above. Any member may resign by notice in writing to the Secretary of State, and the chairman or deputy chairman may by a like notice resign his office as such. The Secretary of State may remove a member from office if satisfied that the member— If the chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman. An order under this paragraph shall be made by statutory instrument subject to annulment by resolution of either House of Parliament.
The Secretary of State shall satisfy himself—
before he appoints a person under paragraph 3(2) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the residuary body in question;
from time to time, that each person so appointed continues, and has continued, to have no such interest.
A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement.
A residuary body shall pay to each member such remuneration and allowances (if any) as the Secretary of State may with the consent of the Treasury determine. As regards any member of a residuary body in whose case the Secretary of State may so determine, the body shall pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may with the consent of the Treasury determine. Where a person ceases to be a member of a residuary body otherwise than on the expiration of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the body shall pay as compensation to that person such amount as the Secretary of State may with the consent of the Treasury determine. Where an employee of a residuary body becomes a member of that body and immediately before becoming a member was by reference to his employment by that body participating in a superannuation scheme, the body may make provision for him to continue to participate in that scheme, on terms and conditions determined by the body with the consent of the Secretary of State, as if his service as a member were service as an employee; and such scheme shall have effect subject to any provision made under this sub-paragraph.
A residuary body may appoint, on such terms and conditions as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine such employees as they think fit.
A residuary body shall, in the case of such of their employees or former employees as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine— as they may, with the approval of the Secretary of State given with the consent of the Treasury, determine. The reference in sub-paragraph (1) above to pensions, allowances or gratuities in respect of employees of a residuary body includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such employee who suffers loss of office or employment.
A member of a residuary body who is directly or indirectly interested in— shall as soon as is practicable disclose the nature of his interest at a meeting of the body; and the disclosure shall be recorded in the minutes of the meeting. In the case mentioned in— For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the residuary body be a sufficient disclosure of the person’s interest to the body. For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting.
A residuary body shall regulate its own proceedings. The validity of any proceedings of a residuary body shall not be affected by any vacancy among its members or by any defect in the appointment of any of its members, or by any failure to comply with any requirement of paragraph 9 above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Anything authorised or required by or under any enactment to be done by a residuary body may be done by any committee formed by them which, or by any of its members or officers who, is authorised (generally or specifically) for the purpose by the body. Nothing in sub-paragraph (1) above shall prevent a residuary body from doing anything that a committee, member or officer has been authorised to do.
A residuary body may with the consent of the Secretary of State acquire by agreement any land required by it for carrying out its functions. A residuary body may dispose of any land held by it in such manner as it wishes and shall dispose of any land held by it which is not required by it for carrying out its functions.
A residuary body may, subject to any directions by the Secretary of State, borrow and lend money for the purpose of carrying out any of their functions.
A residuary body may by agreement with any relevant new authority, and on such terms as to payment or otherwise as the parties consider appropriate, provide that authority with professional or technical services. In this paragraph “relevant new authority”, in relation to a residuary body, means a new authority exercising functions in the area for which that body is established.
A local authority shall, on request, supply a residuary body with such information as the body may reasonably require from that authority for the purpose of carrying out their functions.
A residuary body shall publish an annual report on the discharge of its functions. A residuary body shall send to the Secretary of State a copy of any report made by it under sub-paragraph (1) above and the Secretary of State shall lay copies of it before each House of Parliament. A residuary body shall furnish the Secretary of State with such information relating to the discharge of its functions as he may require, and for that purpose shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the body and shall afford such explanation of them as that person or the Secretary of State may require.
A residuary body established under this Act shall be included among the authorities to which Part II of the 1975 Act applies.
The 1972 Act shall be amended in accordance with this Schedule.
In section 4 (survey of planning districts)—
for subsection (1) substitute—;
for subsection (2) substitute—.
In section 5 (preparation of structure plans), for subsection (1) substitute—.
In section 6 (publicity in connection with preparation of structure plans), after subsection (1) insert—.
After section 6 insert—.
In section 7 (approval or rejection of structure plan by Secretary of State), in subsection (1), after “structure plan” insert “ (including any alternative proposals included in the plan by virtue of section 5(1B) of this Act) ”.
In section 9 (preparation of local plans), before subsection (3) insert—.
In section 15 (default powers of the Secretary of State)—
in subsection (1)—
in paragraph (a) the words “, after holding a local inquiry or other hearing,” shall cease to have effect; and
for the words “carry out the survey” substitute “ carry out a survey in accordance with the provisions of section 4 of this Act ”; and
after subsection (2) insert—.
In section 17 (meaning of “development plan”), at the end insert—.
For subsection (3) of section 102 (compulsory acquisition of land) substitute—.
For subsection (9) of section 201 (orders extinguishing right to use vehicles on highway) substitute—.
For subsection (5) of section 202 (provision of amenity for highway reserved to pedestrians) substitute—.
In section 242(1) (contributions by local authorities and statutory undertakers)—
for the words from “any”, where it first occurs, to “may” substitute “ any local authority may ”; and
for the words from “of the”, where they thirdly occur, to the end substitute “ of the area of the local authority ”.
In section 243 (acquisition of property in certain circumstances), for the words “regional, islands or district council” substitute “ local authority ”.
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
Section 40(10).
In this Schedule “council” means a council constituted under section 2 of this Act.
The Authority shall consist of such number of members appointed respectively by such of the councils of constituent local authority areas, or by such two or more of the councils acting jointly, from among their own members as may be specified in an order made under section 40 of this Act.
The chairman of the Authority shall be such one of their number as the members of the Authority may appoint.
A person may be appointed as a member of the Authority under paragraph 2 above only if he is a member of the council or one of the councils by whom he is so appointed; and no person who is for the time being a member, officer or employee of the Strathclyde Passenger Transport Executive or who is for the time being an employee of a subsidiary of that Executive shall be appointed as a member of the Authority, and any person appointed to be a member of the Authority who subsequently becomes a member, officer or employee of that Executive or such a subsidiary shall forthwith vacate his membership of the Authority.
A person who at the date of his appointment as a member of the Authority was a member of the council or one of the councils by whom he was so appointed but who subsequently ceases to be a member of that council shall upon so ceasing also vacate office as a member of the Authority.
If at any time not less than three months after the coming into force of the order under section 40 of this Act providing for the constitution of the Authority, or after a vacancy has arisen among the members of the Authority which falls to be filled by an appointment made under paragraph 2 above, the initial appointment of any member of the Authority falling to be made under that order or, as the case may be, an appointment to fill that vacancy, has not been made, the Secretary of State, after consultation with the council or councils by whom the appointment falls to be made, may make the appointment on their behalf.
The incorporation of the Authority.
The appointment in accordance with Part I of this Schedule of members of the Authority.
The terms on which and period for which the members of the Authority are to hold office, and the vacation of office by those members.
The payment of allowances to, or to any class of, members of the Authority, and the payment of remuneration to the chairman of the Authority.
The proceedings of the Authority.
The establishment by the Authority of committees and the composition of those committees, including the establishment of advisory committees consisting wholly or partly of persons who are not members of the Authority.
The delegation of functions by the Authority to a committee , to the chairman or to an officer or member of staff of the Authority.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The appointment by the Authority of officers and staff and the payment of remuneration and allowances to any officers and staff appointed by the Authority.
Provision as to the superannuation of officers and staff of the Authority.
The provision of accommodation for the Authority by the Authority or by the Strathclyde Passenger Transport Executive.
Provision applying, with or without modifications, to the Authority or to persons who are or have been members or officers of the Authority any enactment or instrument made under an enactment relating, as the case may be, to, or to persons who are or have been members of, or officers of local authorities or local authorities of a particular description.
The making of reports and the furnishing of information by the Authority to the Secretary of State.
Any particular matters to be dealt with in the annual report of the Authority under section 16 of the Transport Act 1968.
Provision for the council or councils by whom a member of the Authority is appointed to appoint also a deputy to act in that member’s place at any meeting of the Authority from which that member is absent, and for applying in relation to any such deputy, with or without modifications, any provision with respect to members of the Authority made by the said Act of 1968 or by the order.
Provision, as respects any period before the Authority appoint or are provided with their own officers, for the discharge of functions of officers of the Authority (including the convening of the first meeting of the Authority) by such officers of such of the councils of constituent areas as may be determined in accordance with the order.
Section 52(3). Local authority Number of representatives Part of local authority area represented Number of representatives for each Part Number of representatives of associations and clubs 1 2 3 4 5 “The Borders Council. 34 Former Burgh of Coldstream. 2 1 Former Burgh of Duns. 2 1 Former Burgh of Eyemouth. 2 1 Remainder of the area of the former District of Berwickshire. 3 2 Former Burgh of Jedburgh. 2 1 Former Burgh of Kelso. 2 1 Former Burgh of Hawick. 2 1 Remainder of the area of the former District of Roxburgh. 3 2 Former Burgh of Selkirk. 2 1 Former Burgh of Lauder. 2 1 Former Burgh of Galashiels. 2 1 Former Burgh of Melrose. 2 1 Remainder of the area of the former District of Ettrick and Lauderdale. 3 2 Former Burgh of Peebles. 2 1 Former Burgh of Innerleithen. 2 1 Remainder of the former District of Tweeddale.” 1
A new water and sewerage authority (in this Schedule referred to as an “authority”) shall—
be a body corporate; and
have a common seal.
An authority shall not— and the property of an authority shall not be regarded as property of, or held on behalf of, the Crown.
be regarded as a servant or agent of the Crown;
have any status, immunity or privilege of the Crown;
be exempt from any tax, duty, rate, levy or other charge whatsoever, whether general or local,
The members of an authority shall be—
not fewer than seven, nor more than eleven, persons appointed under this sub-paragraph by the Secretary of State from persons who appear to him to have knowledge or experience relevant to the discharge of the functions of the authority; and
the person who is for the time being the chief executive of the authority.
The Secretary of State shall satisfy himself—
before he appoints a person under paragraph 3(a) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the authority in question;
from time to time, that each person so appointed continues, and has continued, to have no such interest.
A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement.
Subject to paragraphs 7 and 8 below, each member of an authority other than their chief executive—
shall hold and vacate office in accordance with the terms of the instrument under which he is appointed a member;
may, by written notice to the Secretary of State, resign membership; and
after ceasing to hold office shall be eligible for reappointment to the authority.
The Secretary of State may remove a member, other than the chief executive, of an authority from office if satisfied that the member—
has had his estate sequestrated, has been adjudged bankrupt, has made an arrangement with his creditors, or has granted a trust deed for his creditors or a composition contract;
is incapacitated by physical or mental illness;
has been absent from meetings of the authority in question for a period longer than three consecutive months without the permission of the authority; or
is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member.
The Secretary of State shall appoint one of the members of an authority, other than their chief executive, to be their chairman and, after consulting the chairman, may appoint any one of the members to be deputy chairman; and a chairman, or as the case may be deputy chairman, shall hold and vacate the office in question in accordance with the terms of the instrument under which he is appointed to that office. A member of the authority may resign as chairman or deputy chairman by written notice to the Secretary of State; but a chairman or deputy chairman who ceases to be a member of the authority (whether or not on giving notice under paragraph 6(b) above) ceases to be their chairman or deputy chairman. Where a member of an authority becomes, or ceases to be, the chairman or deputy chairman of the authority, the Secretary of State may vary the terms of the instrument under which he is appointed a member so as to alter the date on which office as a member is to be vacated.
An authority shall pay to their chairman, deputy chairman and members, other than the chief executive— Where a person (other than a chief executive) ceases to be a member of an authority otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which might make it right for the person to receive compensation, the Secretary of State may, . . . direct the authority to pay to the person such amount as the Secretary of State may, . . . determine.
The Secretary of State may, . . . determine that in respect of any office held by a person as chairman, deputy chairman or member (other than the chief executive) of an authority, the authority in question shall pay— as may be so determined.
such pension, allowance or gratuity to, or in respect of, that person on his retirement or death;
such contribution or other payment towards provision for such pension, allowance or gratuity,
The Secretary of State shall, after consultation with an authority’s chairman or chairman designate (if there is a person holding, or as the case may be designated to hold, that office) make the first appointment of their chief executive on such terms and conditions as the Secretary of State may, . . .determine; and the authority may, with the approval of the Secretary of State, make subsequent appointments to the office of chief executive on such terms and conditions as they may with the approval of the Secretary of State, . . . determine.
Subject to any provision made by virtue of Chapter 2 of Part I of this Act, an authority may appoint on such terms and conditions as they may with the approval of the Secretary of State, . . . determine, such other employees as they consider appropriate. An authority shall, as regards such of their employees as they may with the approval of the Secretary of State,. . . determine, make such arrangements as they consider appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities; and such arrangements may include the establishment and administration, by the authority or otherwise, of one or more pension schemes. The reference in sub-paragraph (2) above to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments. If a person employed by an authority becomes a member of the authority and was by virtue of that employment a participant in a pension scheme administered by the authority for the benefit of their employees, the authority may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 10 above; but if the authority do so determine, then any discretion as to the benefits payable to or in respect of the person which the scheme confers on them shall be exercisable only with the consent of the Secretary of State . . ..
The authority may establish committees for or in connection with the discharge of such of their functions, or the exercise of such of their powers, as the authority may determine.
The quorum of an authority, and the arrangements for their meetings, shall be such as the authority in question may determine.
A member of an authority who is directly or indirectly interested in— shall as soon as is practicable disclose the nature of his interest at a meeting of the authority; and the disclosure shall be recorded in the minutes of the meeting. In the case mentioned in— For the purposes of this paragraph, a notice to the effect that a person is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall if given at a meeting of the authority be a sufficient disclosure of the person’s interest to the authority. For the purposes of this paragraph, disclosure at a meeting may be made without the attendance in person of the member in question provided that he takes reasonable steps to ensure that the matter disclosed is raised and taken into consideration at the meeting.
The validity of any proceedings of an authority shall not be affected by any vacancy among the members of the authority, or by any defect in the appointment of a member, or by any failure to comply with any requirement of paragraph 15 above.
Anything authorised or required by or under any enactment to be done by the authority may be done by any of their committees which, or by any of their members or officers who, are authorised (whether generally or specially) for the purpose by them. Nothing in sub-paragraph (1) above shall prevent the authority from doing anything that a committee, member or officer has been authorised to do.
The Customers Council shall be a body corporate.
The Customers Council shall not be regarded as a servant or agent of the Crown and shall not have any status, immunity or privilege of the Crown.
The members of the Customers Council shall be not fewer than eight, nor more than twelve, persons appointed under this paragraph by the Secretary of State from persons who appear to him to have knowledge or experience relevant to the discharge of the functions of the Council but who are not members or employees of any of the new water and sewerage authorities; so however that he shall seek to ensure that the appointees include persons appropriate to represent, both as respects domestic and as respects non-domestic services, the interests of, respectively—
customers and potential customers such as are mentioned in section 65(2)(a)(ii) of this Act; and
other customers and potential customers.
For the purposes of paragraph 3 above, services are domestic if provided to dwellings (“dwelling” having the same meaning as in Part II of the Local Government Finance Act 1992) and are otherwise non-domestic.
The Secretary of State shall appoint one of the members of the Customers Council to be its chairman and another of them to be its deputy chairman.
A member of the Customers Council shall hold and vacate office in accordance with the terms of the instrument appointing him and shall, on ceasing to hold office, be eligible for re-appointment; but his membership shall terminate forthwith on his becoming a member or employee of any of the new water and sewerage authorities.
The Customers Council shall pay to its chairman, deputy chairman and members— Where a person ceases to be a member of the Customers Council otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which might make it right for the person to receive compensation, the Secretary of State may, . . . direct the Council to pay to the person such amount as the Secretary of State may, . . . determine.
The Secretary of State may, . . . determine that in respect of any office held by a person as chairman, deputy chairman or member of the Customers Council, the Council shall pay— as may be so determined.
such pension, allowance or gratuity to, or in respect of, that person on his retirement or death;
such contribution or other payment towards provision for such pension, allowance or gratuity,
The Customers Council may appoint on such terms and conditions as it may with the approval of the Secretary of State, . . . determine, such employees as it considers appropriate. The Customers Council shall not appoint a person to act as its principal officer except after consultation with the Secretary of State. The Council shall, as regards such of its employees as it may with the approval of the Secretary of State, . . . determine, make such arrangements as it considers appropriate for providing, to or in respect of those employees, pensions, allowances or gratuities; and such arrangements may include the establishment and administration, by the Council or otherwise, of one or more pension schemes. The reference in sub-paragraph (3) above to the provision of pensions, allowances or gratuities includes a reference to their provision by way of compensation for loss of office or employment or loss or diminution of emoluments. If a person employed by the Customers Council becomes a member of the Council and was by virtue of that employment a participant in a pension scheme administered by the Council for the benefit of its employees, the Council may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee whether or not any benefits are to be payable to or in respect of him by virtue of paragraph 8 above; but if the Council does so determine, then any discretion as to the benefits payable to or in respect of the person which the scheme confers on the Council shall be exercisable only with the consent of the Secretary of State . . ..
For or in connection with the discharge of such of its functions, or the exercise of such of its powers, as the Customers Council may determine, it shall establish three committees, the first for the eastern water area and the eastern sewerage area, the second for the western water area and the western sewerage area and the third for the northern water area and the northern sewerage area. Each committee shall consist of— The terms on which a person appointed under sub-paragraph (2)(b) above shall hold office shall be determined by the Customers Council but his membership of the committee in question shall terminate forthwith on his becoming a member or an employee of any of the new water and sewerage authorities or a member or employee of the Council. The Customers Council may pay to a person appointed under sub-paragraph (2)(b) above (in respect of his activities as committee member) travelling and other allowances in accordance with such arrangements as may be determined by the Secretary of State . . ..
In every financial year, at least one meeting of each committee established under paragraph 10 above shall be open to all members of the public.
This Schedule applies to any sum which has become payable to a collecting authority by virtue of section 79 of this Act and has not been paid. References in sub-paragraph (1) above to a sum which has become payable and has not been paid include references to a sum forming part of a larger sum which has become payable and the other part of which has been paid.
Subject to sub-paragraphs (4) and (5) below, any sum to which this Schedule applies may be recovered by the collecting authority by diligence— The sheriff, on an application by the authority which is accompanied by a certificate from them containing such particulars as may be prescribed by the Secretary of State by regulations, shall grant a summary warrant in a form provided for by Act of Sederunt authorising the recovery, by way of any of the diligences mentioned in sub-paragraph (3) below, of the amount of the sum remaining due and unpaid along with a surcharge of 10 per cent. of that amount. The diligences referred to in sub-paragraph (2) above are— It shall be incompetent for the sheriff to grant a summary warrant under sub-paragraph (2) above in respect of any sum to which this Schedule applies if an action has already been raised for the recovery of that sum; and, without prejudice to sub-paragraph (5) below, on the raising of an action for the recovery of any such sum, any existing summary warrant, in so far as it relates to the recovery of that sum, shall cease to have effect. It shall be incompetent to raise an action in Scotland for the recovery of any sum to which this Schedule applies if, in pursuance of a summary warrant, any of the diligences mentioned in sub-paragraph (3) above for the recovery of that sum has been executed. The Secretary of State may by order substitute another percentage for the percentage which is for the time being mentioned in sub-paragraph (2) above. The power to make regulations under sub-paragraph (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and a statutory instrument containing an order made under sub-paragraph (6) above shall be so subject.
No misnomer or inaccurate description of any person or place, or mistake or informality, in any notice or other document or communication relating to a demand for, or the recovery of, charges payable to the collecting authority by virtue of section 79 of this Act or in any proceedings for the payment of such charges shall prejudice such recovery.
Subject to sub-paragraph (2) below, and without prejudice to paragraphs 25 to 34 of Schedule 5 to the Debtors (Scotland) Act 1987, the sheriff officer’s fees, together with the outlays necessarily incurred by him, in connection with the execution of a summary warrant under paragraph 2 above shall be chargeable against the debtor. No fees shall be chargeable by the sheriff officer against the debtor for collecting, and accounting to the collecting authority for, the sums paid to him by the debtor in satisfaction of an amount owing to the authority by way of charges payable to them by virtue of section 79 of this Act.
The provisions of this paragraph and of paragraphs 2 and 3(1) below shall have effect where a transfer to which this Schedule applies is a transfer of property, rights and liabilities of a regional or islands council and the question of allocation of the property, rights and liabilities as between the regional council’s successor, or the islands council, and the transferee arises. Any property, right or liability referable partly to the functions of the council which are transferred and partly to the functions which are retained for the regional council’s successor, or the islands council, shall (where the nature of the property, right or liability permits) be divided or apportioned between the successor, or council, and the transferee in such proportions as may be appropriate; and, where any estate or interest in land falls to be so divided, any rent payable by or to any party in respect of that land and any feu-duty, stipend or other outgoing running with the land or right shall be divided or apportioned correspondingly. Any property, right or liability referable as mentioned in sub-paragraph (2) above but the nature of which does not permit its division or apportionment as so mentioned, shall be transferred to the transferee or retained for the regional council’s successor, or the islands council, according to— subject (in either case) to such arrangements for the protection of the other of them as may be agreed between them.
It shall be the duty of the council (or as the case may be the council’s successor) and the transferee, whether before or after the transfer date, so far as practicable to arrive at such written agreements and to execute such other instruments as are necessary or expedient to identify or define the property, rights and liabilities transferred to the transferee or retained for the successor, or islands council, and as will— Any such agreement shall provide so far as it is expedient— If the council (or as the case may be the successor) or the transferee represent to the Secretary of State, or if it appears to the Secretary of State without such a representation, that it is unlikely in the case of any matter on which agreement is required under sub-paragraph (1) above that such agreement will be reached, the Secretary of State may, whether before or after the transfer date, give a direction determining that matter and may include in the direction any provision which might have been included in an agreement under sub-paragraph (1) above; and any property, rights or liabilities required by the direction to be transferred to the transferee shall accordingly be regarded as having been transferred to, and vested in, the transferee by virtue of the scheme (but not until the date of the direction if that is after the transfer date).
At any time before the end of the period of twelve months beginning with the transfer date, the regional council’s successor, or the islands council, and the transferee may, with the approval of the Secretary of State, agree in writing that— there shall be transferred from the transferee to, and vested in, the successor, or the islands council, any property, rights and liabilities specified in the agreement. Subject to sub-paragraph (3) below, in the case of an agreement under sub-paragraph (1) above, the property, rights and liabilities in question shall on the date of the coming into force of the agreement be transferred, and by virtue of the agreement vest, in accordance with the agreement. The following provisions of this Schedule shall have effect as if—
Where, on any transfer to which this Schedule applies, a regional council’s successor or an islands council is entitled to retain possession of any document relating in part to the title to, or to the management of, any land or other property transferred from the council in question, subsections (1) and (2) of section 16 of the Land Registration (Scotland) Act 1979 (omission of certain clauses in deeds) shall have effect in relation to the transfer as if the transfer had been effected by deed and as if from each of those subsections the words “ unless specially qualified ” were omitted.
In the case of any transfer to which this Schedule applies, a joint certificate by or on behalf of the transferor (or the transferor’s successor) and the transferee that— is, by virtue of this Act, vested in such one of them as may be so specified, or was at a date so specified thus vested, shall be conclusive evidence for all purposes of that fact. If on the expiration of one month after a request from either the transferor (or the successor) or the transferee for the preparation of such a joint certificate as respects any property, interest, right or liability they have failed to agree on the terms of the certificate, they shall refer the matter to the Secretary of State and issue the certificate in such terms as he may direct.
If, as regards a transfer to which this Schedule applies from an islands or regional council, the Secretary of State is satisfied on the representation of the regional council’s successor, or the islands council, or the transferee— the Secretary of State may direct that this paragraph shall apply to such of that land as may be specified in the direction. While the direction mentioned in sub-paragraph (1) above remains in force— A person other than the successor (or islands council) or the transferee dealing with, or with a person claiming under, either the successor (or council) or the transferee shall not be concerned— and no transaction between persons other than the successor (or council) and the transferee shall be invalid by reason only of a failure to comply with those provisions.
This paragraph applies where, in the case of any transfer to which this Schedule applies, any rights or liabilities transferred are rights or liabilities under an agreement, whether in writing or not, to which the transferor was a party immediately before the transfer date and whether or not the agreement was of such a nature that rights and liabilities under it could be assigned by the transferor. So far as relating to property, rights or liabilities transferred to the transferee, the agreement shall have effect on and after the transfer date as if—
Except as otherwise provided in any provision of this Part of this Act (whether expressly or by necessary implication), paragraph 7 above shall, so far as applicable, apply in relation to— if and in so far as the provision in question relates to any of the transferred property, rights and liabilities, as it applies in relation to an agreement to which the transferor was a party. In relation to any such statutory or other provision as is mentioned in sub-paragraph (1) above, references in sub-paragraph (2)(b), (c) and (d) of paragraph 7 above to the transferor and to any persons employed by, persons engaged in the functions of, or agents of, the transferor include references made by means of a general reference to a class of persons of which the transferor is one, though not specifically referred to.
The transferee under a transfer to which this Schedule applies and any other person shall, as from the transfer date, have the same rights, powers and remedies (and in particular the same rights and powers as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing any right or liability vested in the transferee by virtue of the scheme as they would have had if that right or liability had at all times been a right or liability of the transferee. Any legal proceedings, or applications to any authority, pending on the transfer date by or against the transferor, in so far as they relate— shall be continued by or against the transferee to the exclusion of the transferor or the transferor’s successor. This paragraph is without prejudice to the generality of the provisions of paragraphs 7 and 8 above.
The provisions of paragraphs 7 to 9 above shall have effect for the interpretation of agreements, statutory provisions and other instruments subject to the context, and shall not apply where the context otherwise requires.
Without prejudice to the provisions of paragraphs 7 to 10 above, any transaction effected between the council (or the council’s successor) and the transferee in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above shall be binding on all other persons, and notwithstanding that it would, apart from this sub-paragraph, have required the consent or concurrence of any other person. It shall be the duty of the council (or successor) and the transferee, if they effect any transaction in pursuance of paragraph 2(1) above or of a direction under paragraph 2(3) above, to notify any person who has rights or liabilities which thereby become enforceable as to part by or against the regional council’s successor, or the islands council, and as to part by or against the transferee; and if, within twenty-eight days of being notified, such a person applies to the Secretary of State and satisfies him that the transaction operated unfairly against him, the Secretary of State may give such directions to the successor, or the islands council, and the transferee as appear to him appropriate for varying the transaction. As respects a transfer to which this Schedule applies which is a transfer of property, rights and liabilities of a regional or islands council, if in consequence of the transfer or of anything done in pursuance of the provisions of this Schedule— such compensation as may be just shall be paid to that person by the successor (or council), the transferee or both. Subject to sub-paragraph (5) below, if it appears to the regional or islands council that a person is, or may be, entitled to compensation under sub-paragraph (3) above— Where the last of the fourteen days after the date of issue of a notice under head (a) of sub-paragraph (4) above falls on or after the transfer date, or the date specified in a notice published under head (b) of that sub-paragraph so falls, the notice shall direct that the representations be made to the transferor or, on or after that date, to the transferor’s successor. Any dispute as to whether any, and (if so) how much, compensation is payable under sub-paragraph (3) above, or as to the person to or by whom it shall be paid, shall be referred to and determined by an arbiter appointed by the Lord President of the Court of Session. If, in the case of any transfer to which this Schedule applies, it appears to the court, at any stage in any court proceedings to which the transferor (or successor) or the transferee and a person other than the transferor (or successor) or the transferee are parties, that the issues in the proceedings— the court may, if it thinks fit on the application of a party to the proceedings other than the transferor (or the successor) or the transferee, hear and determine the proceedings on the footing that such one of the transferor (or successor) and the transferee as is party to the proceedings represents and is answerable for the other of them, and that the transferor (or successor) and the transferee constitute a single person; and any judgment or order given by the court shall bind both the transferor (or successor) and the transferee accordingly. In the case of any transfer to which this Schedule applies, it shall be the duty of the transferor (or successor) and the transferee to keep one another informed of any case where either of them may be prejudiced by virtue of sub-paragraph (7) above; and if it is claimed by either the transferor (or successor) or the transferee there has been such prejudice and that the other of them ought to indemnify or make a repayment on that account but that there has been unreasonable failure to meet that claim, whichever of them so claims may refer the matter to the Secretary of State for determination by him.
In this Schedule—
Section 128(6).
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be regarded as a servant or agent of the Crown;
have any status, immunity or privilege of the Crown;
be exempt from any tax, duty, rate, levy or other charge whatsoever whether general or local,
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shall hold and vacate office in accordance with the terms of his appointment;
may, by notice in writing to the Secretary of State, resign his membership; and
after ceasing to hold office shall be eligible for reappointment as a member.
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has had his estate sequestrated, has made an arrangement with his creditors, has been adjudged bankrupt or has granted a trust deed for his creditors or a composition contract;
is incapacitated by physical or mental illness;
has been absent from meetings of the Administration for a period longer than three months without the permission of the Administration; or
is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member.
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Section 180(1).
In section 10 of the Riotous Assemblies (Scotland) Act 1822 (compensation for damage to buildings caused by acts of riotous assemblies etc.), for “regional or islands council” substitute “ council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”.
The Harbours, Docks and Piers Clauses Act 1847 shall be amended in accordance with this paragraph. In section 7 (deposit of sheriff’s certificate of correction), for “regional or islands council” substitute “ council (being a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”. In section 8 (plans to be deposited before works may begin), for “of any region or islands area” substitute “ for any local government area (within the meaning of the Local Government etc. (Scotland) Act 1994) ”.
The Burial Grounds (Scotland) Act 1855 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 10 (provision of suitable burial grounds by board after closure, etc.), the words “any of the Lords Ordinary of” and the words “And provided also, that no land shall be so designated nearer than one hundred yards to any dwelling house without the consent in writing of the owner of such dwelling house;” shall cease to have effect. In section 11 (consents for new burial grounds), the words from “but no ground” to the end shall cease to have effect.
The Explosives Act 1875 shall be amended in accordance with this paragraph. In section 110 (local authority), in paragraph 1, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 111 (expenses of local authority), in paragraph (a), for “regional or general rate” substitute “ non-domestic rate or the council tax ”.
For section 2 of the Public Libraries Consolidation (Scotland) Act 1887 (interpretation) substitute—.
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in subsection (1)(b), for the words from “chairmen” to “councils” substitute “conveners of the councils for Highland and Argyll and Bute”;
in subsection (3), for the words from “chairman” to “area” substitute “convener of any council whose area includes”; and
after subsection (5) insert—.
In section 26 of the Light Railways Act 1896 (application to Scotland), in subsection (2), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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In section 9 of the Census Act 1920 (application to Scotland), for subsection (2) substitute—.
In section 10(1) of the Celluloid and Cinematograph Film Act 1922 (application to Scotland), in the definition of “Local authority”, for the words from “the” to the end substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”.
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In section 6(a) of the Performing Animals (Regulation) Act 1925 (definition of “local authority” in application of Act to Scotland), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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In section 24 of the Petroleum (Consolidation) Act 1928 (application to Scotland), for subsection (1) substitute—.
In section 29 of the Local Government (Scotland) Act 1929 (power of councils to expend money on public health propaganda), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Road Traffic Act 1930 shall be amended in accordance with this paragraph. In section 108(1) (interpretation), in the definition of “district”, for “a region or islands area” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 109(a) (definition of “local authority” in application of the Act to Scotland), for “a regional or islands council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 119(3) (special provisions as to Scotland), for the words from “A” to “shall” substitute “ A local roads authority shall ”.
In section 2(2) of the Church of Scotland (Property and Endowments) (Amendment) Act 1933 (transfer of certain churchyards), for the words from “of the” to “which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”.
In section 11(6) of the Private Legislation Procedure (Scotland) Act 1936 (powers of councils under Act), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 31(1) of the Harbours, Piers and Ferries (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 110(1) of the Children and Young Persons (Scotland) Act 1937 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Public Records (Scotland) Act 1937 shall be amended in accordance with this paragraph. In section 5 (transfer of records to Keeper)— the expression “local authority” means an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994, and includes a joint board and a joint committee; the expression “statutory body corporate” shall be construed in accordance with section 5(2A) above.
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In section 7(1) of the Land Drainage (Scotland) Act 1941 (interpretation), in the definition of “rating authority”, for the words from “like” to “1929” substitute “ meaning assigned to it by section 30 of the Local Government etc. (Scotland) Act 1994 ”.
In section 1(8) of the Public Health (Scotland) Act 1945 (local authorities for purposes of enforcement etc. of certain regulations), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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In section 7(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (interpretation), in the definition of “local authority”, for the words from “any” to the end substitute “ any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Civil Defence Act 1948 shall be amended in accordance with this paragraph. After section 4 insert—. In section 9(1) (interpretation), in the definition of “local authority”, for the words “a regional, islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 145(2) of the Local Government (Scotland) Act 1948 (application of Act to Scotland), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The National Assistance Act 1948 shall be amended in accordance with this paragraph. In section 33(1) (local authorities for the purposes of Part III), for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 47(12) (appropriate authorities for purposes of section), for the words “the councils of regions and islands areas” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 48(4) (councils having duty to provide temporary protection for property of certain persons), for the words from “of the region” to “of which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area ”. In section 50(2) (authorities having duty in respect of burial or cremation of the dead), for “islands and district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 65(e) (meaning of “local authority” in application of Act to Scotland), for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Coast Protection Act 1949 shall be amended in accordance with this paragraph. In section 1 (coast protection authorities), for subsection (1) substitute—. In section 20(5) (contributions towards expenses of coast protection), the words “or the council of a district in Scotland” shall cease to have effect. In section 22(2) (power to use for incidental purposes land acquired for coast protection), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 45(1) (service of notices and other documents), for “the council of a region, islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In the First Schedule (procedure for making orders and provisions as to the validity of orders), in paragraph 8(b)—
In section 99(2) of the National Parks and Access to the Countryside Act 1949 (contributions by local authorities), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 73(4) of the Shops Act 1950 (local authorities), for the words from “means” to the end substitute “ means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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The Rivers (Prevention of Pollution) (Scotland) Act 1951 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 35(1) (interpretation)—
In section 2(4)(b) of the Hypnotism Act 1952 (meaning of “controlling authority”), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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for “an islands area or a district” substitute “a local government area”; and
after “thereof”, where secondly occurring, insert “(constituted under section 2 of the Local Government etc. (Scotland) Act 1994)”.
In section 5(6)(b) of the Emergency Laws (Miscellaneous Provisions) Act 1953 (power of local authorities as respects letting of certain land), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 4(3) of the Long Leases (Scotland) Act 1954 (refusal of grant of feu right on ground of public interest), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 6(1)(c) of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 (revision of charges by independent harbour undertakings etc.), for the words from “a Passenger” to “combination” substitute “ the Strathclyde Passenger Transport Executive or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Army Act 1955 shall be amended in accordance with this paragraph. In section 214(5) (application of the Act to Scotland), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 5A (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Air Force Act 1955 shall be amended in accordance with this paragraph. In section 212(5) (application of the Act to Scotland), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 5A (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 43(1) (interpretation) of the Valuation and Rating (Scotland) Act 1956, in the definition of “valuation authority”, for the words “section one of this Act” substitute “ section 27 of the Local Government etc. (Scotland) Act 1994 ”.
In Schedule 4A to the Naval Discipline Act 1957 (powers of court on trial of civilian), in paragraph 2(1), in the definition of “local authority in Scotland”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In Schedule 1 to the Land Drainage (Scotland) Act 1958 (procedure for making, varying or revoking certain orders etc.), in paragraph 1, in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 3(5) of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Matrimonial Proceedings (Children) Act 1958 shall be amended in accordance with this paragraph. In section 10(2) (committal of child to local authority), for the words from “of the region” to “which” substitute “ (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) in whose area ”. In section 12(2) (supervision of child by local authority), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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The Deer (Scotland) Act 1959 shall be amended in accordance with this paragraph. In section 25A (licences to deal in venison)— In section 25D(8) (offences), the words “islands or district” shall cease to have effect. “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
In section 24 of the Caravan Sites and Control of Development Act 1960 (power of local authorities to provide sites for caravans)—
in subsection (8), for the words from “an islands” to the end substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”; and
subsection (8A) shall cease to have effect.
In section 176(1) of the Factories Act 1961 (general interpretation), in the definition of “district council”, for the words from “Scotland,” to the end substitute “ Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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In subsection (5) of section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (reduction and remission of rates payable by charities etc.), for “section two hundred and forty-four of the Act of 1947” substitute “ section 25A of the Local Government (Scotland) Act 1966 ”.
In section 145(16) of the Education (Scotland) Act 1962 (general definitions), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Betting, Gaming and Lotteries Act 1963 shall be amended in accordance with this paragraph. In Schedule 1 (bookmaker’s permits, betting agency permits and betting office licences), in paragraph 2, in the definition of “appropriate local authority”, in paragraph (b), for sub-paragraphs (i) and (ii) substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area the relevant premises are, or are to be, situated; ”. In Schedule 2 (registered pool promoters), in paragraph 1(1)(b), for “the council of an islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. ”. In Schedule 3 (licensing of tracks for betting)—
The Local Government (Financial Provisions) (Scotland) Act 1963 shall be amended in accordance with this paragraph. For subsection (4) of section 7 (apportionment) substitute—. In section 15 (comparison with other lands and heritages)— For section 18 (lands and heritages not deemed to be occupied if subject to tenancy etc.) substitute—. In section 26(2) (interpretation), in the definition of “local authority”, for the words “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 5(2) of the Animal Boarding Establishments Act 1963 (interpretation), in the definition of “local authority”, for “the council of any islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
After subsection (4) of section 6 (re-borrowing powers of public authorities) of the Public Works Loans Act 1964 insert—.
In Schedule 3 to the Harbours Act 1964 (procedure for making harbour revision and empowerment orders), in paragraph 3(ba), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 6(4) of the Riding Establishments Act 1964 (interpretation), in the definition of “local authority” for “the council of any islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 16(1) of the Local Government (Development and Finance) (Scotland) Act 1964 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Gas Act 1965 shall be amended in accordance with this paragraph. In section 28(1) (interpretation of Part II), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Local Government (Scotland) Act 1966 shall be amended in accordance with this paragraph. In section 25(1) (Schedule 3 to have effect), the words “the determination of rateable values,” shall cease to have effect. In section 44(1) (game licences), for “islands and district councils” substitute “ local authorities ”. In section 46(1) (interpretation)— In paragraph 8 of Schedule 3 (rating of unoccupied property), for the words “have ceased” substitute the words “ has ceased ”.
For subsection (3) of section 5 of the Plant Health Act 1967 (execution of Act by local authorities) substitute—.
In section 40(2)(c)(ii) of the Forestry Act 1967 (compulsory purchase of land), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 8 of the Slaughter of Poultry Act 1967 (interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph. In section 1(1) (police areas), for the words “for every region and for every islands area” substitute “ for every local government area ”. In section 2(1) (police authorities and their functions), for the words from the beginning to “police authority” substitute “ For every police area the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the police authority ”. In section 18 (execution of warrants in borders)— In section 19 (amalgamation schemes)— After section 19 insert—. In section 21 (amendment of amalgamation schemes)— In section 22(1) and (2), for the words “joint police committee”, in each place where they occur, substitute “ joint police board ”. In section 23(6), for the words “joint police committee” substitute “ joint police board ”. In section 26A(2) (power to give directions to police authority after adverse report), for the words “joint police committee” substitute “ joint police board ”. In section 26B (police efficiency: allocation of funds), for the words “joint police committee” substitute “ joint police board ”. In section 26C (duty of compliance), for the words “joint police committee” substitute “ joint police board ”. In section 32 (police grant)— In section 32A(1) (grants for expenditure on safeguarding national security), for the words “joint police committee” substitute “ joint police board ”. In section 36(5) (common services), for the words “joint police committee” and “committee” substitute “ joint police board ” and “ board ” respectively. In section 51(1) (interpretation)— In paragraph 4 of Schedule 2, for the words “joint police committee” substitute “ joint police board ”.
The Countryside (Scotland) Act 1967 shall be amended in accordance with this paragraph. In section 46(2) (repair and maintenance of public rights of way), after “being a” insert “ public ”. In section 48A (regional parks)— In section 49 (camping and caravan sites), subsection (5) shall cease to have effect. In section 50(3) (provision of accommodation, meals etc.), for the words from “means” to the end substitute “ includes a planning authority ”. In section 54(5) (byelaws), for the words from “means” to the end substitute “ includes a planning authority ”. In section 63 (provision of recreational facilities by water authorities)— In section 65(5) (authorities which may appoint rangers as respects waterways etc.)— shall cease to have effect. In section 78(1) (interpretation)—
The New Towns (Scotland) Act 1968 shall be amended in accordance with this paragraph. In section 1A(1)(b) (reduction of designated areas), for “any regional council, district council and islands council” substitute “ the local authority ”. In section 35(2) (power of development corporation to transfer their undertakings)— In section 36(2)(b) (winding up of development corporation), for the words from “council” to “which” substitute “ local authority in whose area ”. In section 47(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In paragraph 2 of Schedule 1 (procedure for designating site of new town), for the words from “council” to “district in which” substitute “ local authority in whose area ”.
The Health Services and Public Health Act 1968 shall be amended in accordance with this paragraph. In section 63(2)(c) (activities in respect of which instruction may be provided etc.), for the words from “or”, where it fourthly occurs, to the end substitute “ or a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 65(6) (financial and other assistance by local authorities to certain voluntary organisations)—
The Sewerage (Scotland) Act 1968 shall be amended in accordance with this paragraph. In section 1 (duty of local authority to provide for sewerage in their area)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 3 (construction etc. of public sewers and public sewage treatment works)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 7 (agreements between local authorities and the Secretary of State as respects provision, management, maintenance or use of sewers or drains to take water from surface of trunk road etc.)— In section 11 (keeping of map showing public sewers etc.)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 15 (owner or occupier to remedy defects in drains and other works)— In section 16 (vesting of sewers and other works)— After section 16 insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 18 (expenses of local authorities and dissolution of drainage districts) shall cease to have effect. In section 20 (compensation for loss etc, resulting from exercise of powers under Part I)— In section 21(1) (buildings not to interfere with sewers)— In section 22 (protection for statutory undertakers)— to which they do not already apply, with the substitution— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sections 40 (powers of local authorities as to research and publicity) and 47 (recovery of expenses by local authority) shall cease to have effect. In section 48 (powers of entry)— In section 51 (procedure on appeal to Secretary of State)— Section 52 (exemption from stamp duties) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 59(1) (interpretation)—
The Social Work (Scotland) Act 1968 shall be amended in accordance with this paragraph. In section 1(2) (local authorities for the administration of the Act), for the words “regional and islands councils” substitute the words “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 5 (powers of Secretary of State)— In section 5A(3) (local authority plans for community care services)— In section 5B(1) (complaints procedure), for “referred to in section 2(2)” substitute “ mentioned in section 5(1B) ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 10(1) (making of grants and loans for social work), for the words from “enactments” to “of this Act” substitute “ mentioned in paragraphs (b), (d), (e), (g), (h), (i) and (l) of section 5(1B) of this Act ”. In section 20A(1) (powers of local authority in course of review of child in care) for “their reporter” substitute “ the Principal Reporter ”. In section 27(3)(c) (content of probation, community service and supervised attendance scheme etc.), for the words from “the social” to the end substitute “ a committee or sub-committee of such authorities ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For “reporter”, wherever occurring, substitute “ Principal Reporter ”. Sub-paragraph (26) above does not affect any of the particular amendments made by this paragraph.
In section 18(1) of the Theatres Act 1968 (interpretation), for “the islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Gaming Act 1968 shall be amended in accordance with this paragraph. In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for “regional council, islands council or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 2 (grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for from the word “(i)” to “district” substitute “ the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 9 (permits under section 34), in paragraph 1(d), for the words “of the islands area or district in which” substitute “ constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area ”.
In section 109 of the Medicines Act 1968 (enforcement in Scotland)—
in subsection (2)(d), for the words from “regional” to the end substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and the area of such a council ”; and
in subsection (2A), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Transport Act 1968 shall be amended in accordance with this paragraph. In section 9(1) (Passenger Transport Areas, Authorities and Executives)— In section 9A(9)(b) (general functions of Passenger Transport Authorities and Executives), the words “regional or islands” shall cease to have effect. In section 9B(1)(a) (consultation and publicity with respect to policies as to services), for “regional council” substitute “ council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) ”. In section 10(6) (application of Part I of Harbours, Piers and Ferries (Scotland) Act 1937 to Executive), for the words from “that area” to “that region” substitute “ the Executive were within the meaning of that Act a local authority for that area ”. In section 34 (assistance for rural bus or ferry service)— In section 56 (assistance by Secretary of State or local authority towards capital expenditure on public transport facilities)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 115(3) (as substituted by paragraph 19 of Schedule 18 to the 1973 Act) shall cease to have effect and after subsection (3) of section 115 (interpretation of Part VII) insert—. In section 123(2) (power of certain authorities to contribute to cost of barriers etc. at level crossings), for “county council and a town council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 124(4) (Board’s obligations at level crossings with certain roads), for the words from “Scotland” to “council” substitute “ Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 5 (Passenger Transport Authorities and Executives), in Part II, in paragraph 2—
In section 11(3)(b) of the Mines and Quarries (Tips) Act 1969 (meaning of “local authority” for purposes of Part II), for the words from “general” to “1973” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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In section 3(2)(b) of the Employers’ Liability (Compulsory Insurance) Act 1969 (authorities exempted from insurance)—
for the words from “a”, where it thirdly occurs, to “in”, where it secondly occurs, substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in ”; and
after “such council” insert “ the Strathclyde Passenger Transport Authority ”.
In section 1(4) of the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities), in the definition of “local authority”—
for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and
for “those” substitute “ two or more such councils ”.
The Agriculture Act 1970 shall be amended in accordance with this paragraph. For subsection (2) of section 67 (enforcement authorities and appointment of inspectors and analysts) substitute—. In section 92 (provision of flood warning systems)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 21(8) of the Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons), for the words from “the council”, where they thirdly occur, to “Scotland” substitute “ , in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 43(1) of the Fire Precautions Act 1971, in the definition of “local authority”, in paragraph (b), for “islands or district council” substitute “ council for a local government area ”.
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In section 11(2) of the Poisons Act 1972 (interpretation), in the definition of “local authority”, in paragraph (b), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 13(1) of the Employment Agencies Act 1973 (interpretation), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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The 1973 Act shall be amended in accordance with this paragraph. In section 14(1) (duty of the Boundary Commission to review local government areas), for— In section 16(2) (duty of the Boundary Commission to review electoral arrangements), for— For section 20 (initial review of areas and electoral arrangements) substitute—. For section 23 (change of name of local government area) substitute—. In section 24(5) (provision which may be included in orders under Part II)— In section 28 (supplementary provision to Part II)— In section 31 (disqualification for nomination etc.)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 47 (allowances for attending conferences and meetings)— shall cease to have effect. In section 50B (access to agenda and connected reports), in subsection (4)(b), for the word “chairman” substitute “ convener ”. In section 50K(2)(b) (interpretation), for “the enactment” substitute “ either of the enactments ”. In section 55 (assistance to community councils), for “islands and district councils” substitute “ councils for local government areas ”. In section 56 (arrangements for discharge of functions by local authorities)— In section 63 (application of Part V to police authorities)— After section 63 insert—. In section 64(5) (excepted enactments for purposes of section 64(4))— In section 67 (members of authorities not to be appointed as officers), for the words “chairman or vice-chairman” substitute “ convener or depute convener ”. In section 83 (power of local authorities to incur expenditure for certain purposes)— In section 84 (powers of local authorities with respect to emergencies), subsection (2) shall cease to have effect. In section 87 (research and the collection of information)— In section 92(2) (meanings of certain expressions for purposes of section), in the definition of “securities”, for the words from “has” to the end substitutemeans— . In section 93 (general fund), for subsection (2)(b) substitute—. In section 94 (capital expenses), for subsection (1A) substitute—. In section 100 (auditor’s right of access to documents)— In subsection (3) of section 102 (reports to Commission by Controller of Audit), for the words “the audit” substitute “ any matter arising out of the auditing ”. In section 103 (action by Commission for local authority accounts), for subsection (6)(b) substitute—. For section 123 (education authorities) substitute—. For section 126 (disqualification for membership of education committees etc.) substitute—. In section 128 (educational endowments), in Table B, in subsection (2), for the words “Chairman of council” substitute “ Convener of council ”. In section 130 (housing)— In section 133 (roads), subsection (1) shall cease to have effect. Section 134(1) (building) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 137(1) (flood prevention) shall cease to have effect. Section 138(1) (coast protection) shall cease to have effect. Section 140 (allotments) shall cease to have effect. Section 142 (public health) shall cease to have effect. Sections 143 (transfer of functions under 1968 Act) and 148(1) (transfer of functions of regional water boards to water authorities) shall cease to have effect. In section 145 (Ordnance Survey)— In section 146(5) (police), for the words “regions” and “region”, in each place where either occurs, substitute respectively “ areas ” and “ area ”. For section 150 (public transport) substitute—. In section 153 (ferries)— In section 154 (piers and harbours)— Section 155(1) (district council for purposes of Factories Act 1961) shall cease to have effect. Section 156(1) (local authority responsible for enforcing provisions of Offices, Shops and Railway Premises Act 1963) shall cease to have effect. Section 157 (local authority responsible for enforcing provisions of Shops Act 1950) shall cease to have effect. Section 159 (local authority not subject to requirements of Employers’ Liability (Compulsory Insurance) Act 1969) shall cease to have effect. In section 163 (public libraries, museums and art galleries)— shall cease to have effect. Section 168 (census) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 170(1) (war memorials), for “islands or district council” substitute “ local authority within the meaning of this Act ”. In section 170A(5) (application of certain provisions of the 1980 Act to pipes and works for conveying heat etc.)— In section 170B(2) (provisions supplementary to section 170A)— Section 171(1) and (2) (local authority for the purposes of certain enactments) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For section 188 (miscellaneous licensing, registration and related matters) substitute—. In section 190 (service of legal proceedings), for the word “chairman”, in both places where it occurs, substitute “ convener ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 201(1) (byelaws for good rule and government), for the words from “the region” to “be” substitute “ their area ”. In section 202 (procedure, etc., for byelaws), subsection (13) shall cease to have effect. In section 206 (admission of honorary freemen)— Section 226 (transitional provision for joint boards existing before 16th May 1975) shall cease to have effect. Section 230 (transitional establishment of committees of local authorities) shall cease to have effect. In section 235(1) (interpretation)— For Schedule 5 (initial review of local government areas and electoral arrangements) substitute—. For heads (a) to (c) of paragraph 1(2) of Schedule 6 (electoral arrangements) substitute “ , the number of local government electors shall be, as nearly as may be, the same in every electoral ward of that local government area. ”. In Schedule 7 (meetings and proceedings of local authorities)— In paragraph 4(1) of Schedule 8 (provision as to Commission for local authority accounts), after “Commission” where it first occurs insert “ , including any hearing under section 103 of this Act, ”. Schedule 13 (amendments of the Rent (Scotland) Act 1971) shall cease to have effect. Schedule 14 (amendments of enactments relating to roads) shall cease to have effect. In Schedule 17, in paragraph 1(1)(a) (general construction of certain references), the words “or to a constituent board” and “or to a constituent water authority” shall cease to have effect. Schedule 22 (planning functions) shall cease to have effect.
The Health and Safety at Work etc. Act 1974 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 53(1) (interpretation), in the definition of “local authority”, in paragraph (b), for the words from “regional” to “county council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 189(1) of the Consumer Credit Act 1974 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Control of Pollution Act 1974 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 62(2)(a) (certain exemptions as respects offences relating to noise), after “water authority” insert “ (“water authority” being construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994) ”. In section 73(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The District Courts (Scotland) Act 1975 shall be amended in accordance with this paragraph. In section 1A(4) (further provisions as to establishment and disestablishment of district courts), for “district or islands council” substitute “ local authority ”. Section 7(3) (officer of regional council may act as clerk of district court) shall cease to have effect. In subsection (1) of section 12 (disqualification in certain cases of justices who are members of local authorities), for “Local Government (Scotland) Act 1973” substitute “ Local Government etc. (Scotland) Act 1994 ”. In section 26 (interpretation), for the definition of—
The Criminal Procedure (Scotland) Act 1975 shall be amended in accordance with this paragraph. In— substitute the words “ Principal Reporter ”. In each of sections 186(1)(b) and (c) and 387(1)(b) and (c) (persons who may give information on oath as respects failure to comply with probation order), for “director of social work”, wherever it occurs, substitute “ chief social work officer ”. In section 296(3) (action to be taken where child detained by police) for the words from “reporter” to “detained” where the latter word second occurs substitute the words “ Principal Reporter ”. In section 413(3) (detention of children), in the definition of “the appropriate local authority”, in each of paragraphs (a) and (b), for “regional or islands council” substitute “ local authority ”. In section 462 (interpretation) the definition of “reporter” shall cease to have effect. In Schedule 5 (discharge and amendment of probation orders), in paragraph 2(4)(b)— For the word “reporter”, wherever occurring, substitute the words “ Principal Reporter ”. Sub-paragraph (8) above does not affect any of the particular amendments made by this paragraph.
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In Part IV of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for particular constituencies)—
in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for a region in Scotland—
for the words “a region” substitute “ an area ”; and
for the words from “such part” to “Majesty” substitute “ the area ”;
the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for an islands area in Scotland shall cease to have effect; and
in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow—
the words “the district of” shall cease to have effect; and
for “district” substitute “ city ”.
The 1975 Act shall be amended in accordance with this paragraph. In section 2(1)(e) (alterations to valuation roll which is in force)— In section 7A (provisions as to setting of non-domestic rates)— For subsection (2) of section 7B (provisions as to setting of non-domestic rates) substitute—. In subsection (4) of section 8 (payment of rates by instalments), for from “the ground” to “1947” substitute “ account of hardship under section 25A of the Local Government (Scotland) Act 1966 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 37(1) (interpretation), in the definition of “material change of circumstances”, for the word “for” substitute “ the members of which are drawn from the valuation appeal panel serving ”. In Schedule 3 (borrowing and lending by local authorities)—
In section 7 of the Guard Dogs Act 1975 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 17(1) of the Safety of Sports Grounds Act 1975 (interpretation), in the definition of “local authority”, in paragraph (d), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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in paragraph (b), for the words from “paragraphs” to “2(2)” substitute “paragraphs (b), (e), (g), (h), (i), (l) and (o) of section 5(1B)”;
the word “or” immediately preceding paragraph (e) shall cease to have effect; and
after paragraph (e) insert; or.
The Lotteries and Amusements Act 1976 shall be amended in accordance with this paragraph. In section 23(1) (interpretation), in the definition of “local authority”, in paragraph (c), for “regional council, an islands council and a district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 1 (registration of societies), in paragraph 1(2)(c), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 3 (permits for commercial provision of amusements with prizes), in paragraph 1(2), in the definition of “local authority”, in paragraph (c), for “an islands council and a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 7(4) of the Dangerous Wild Animals Act 1976 (interpretation), in the definition of “local authority”, for “an islands council or a district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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Schedule 5 to the Supplementary Benefits Act 1976 (re-establishment courses and resettlement units) shall be amended in accordance with this paragraph. In paragraph 2(2) (Secretary of State may require councils to exercise functions of providing and maintaining resettlement units)— In paragraph 4(2) (local authorities to whom grants may be paid for certain purposes)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 11(1) of the Refuse Disposal (Amenity) Act 1978 (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The European Parliamentary Elections Act 1978 shall be amended in accordance with this paragraph. In Schedule 1 (simple majority system (for Great Britain) with S T V (for Northern Ireland)), in paragraph 4— In Schedule 2 (European Parliamentary constituencies in Great Britain), in paragraph 5A(4), in the definition of “local authority”, in paragraph (b), for “the council of a region, islands area or district” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Health Service (Scotland) Act 1978 shall be amended in accordance with this paragraph. In section 16A (power to make payments towards expenditure on community services), in subsection (1)— In section 108(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Community Service by Offenders (Scotland) Act 1978 shall be amended in accordance with this paragraph. In section 2(3)(b) (persons to whom copy of community service order to be sent), for “director of social work” substitute “ chief social work officer ”. In section 12(1) (interpretation), in the definition of “local authority”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Inner Urban Areas Act 1978 shall be amended in accordance with this paragraph. In section 1(2) (meaning of “designated district authority”), the words “or region” shall cease to have effect. In section 2(1) (loans for acquisition of land etc.), the words “or region”, in both places where they occur, shall cease to have effect. In section 7(1)(a) (power to enter into arrangements), the words “or region” shall cease to have effect.
In section 10(3) of the Bail etc. (Scotland) Act 1980 (sittings of district courts), for “district or islands council” substitute “ local authority ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 22 of the Slaughter of Animals (Scotland) Act 1980 (interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Education (Scotland) Act 1980 shall be amended in accordance with this paragraph. In section 4 (duty of education authorities to provide psychological service), the words “regional or island authority” shall cease to have effect. In section 6 (social activities etc.)— Section 78 (appointment of director of education) shall cease to have effect. In section 86 (admissibility of documents)— shall cease to have effect. In subsection (3A) of section 112 (reorganisation schemes), for “Schedule 10 to” substitute “ Section 56 of ”. In section 122 (interpretation of Part VI), in the definition of “governing instrument”, after the words “provisional order”, where they first appear, insert “ or made under section 17 of the Local Government etc. (Scotland) Act 1994, ”. In subsection (3) of section 129 (establishment of Board to conduct examinations, etc.), for “directors of education” substitute “ persons employed by education authorities in an administrative capacity as respects the discharge of their education functions ”. In subsection (1) of section 135 (interpretation), in the definition of “education authority”, for the words “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule A1 (appeal committees)—
The 1980 Act shall be amended in accordance with this paragraph. Sections 3 to 5 (water authorities and their areas, alterations of limits of supply and maps of such limits) shall cease to have effect. In section 6(3) (questions arising as respects water authority’s duty to provide supply of wholesome water)— In section 9A (prohibition on any charge for water taken to extinguish fires etc.)— In section 10 (compensation for damage resulting from exercise of powers)— In section 11 (power of Secretary of State on default of water authority or water development board)— shall cease to have effect. In section 13 (supply of water in bulk)— Section 15 (power to acquire land), shall cease to have effect. In section 16 (power to survey land and search for water)— shall cease to have effect. In section 17 (acquisition of water rights)— shall cease to have effect. In section 18(1) (compulsory acquisition of land for water works)— Section 20 (power to hold and dispose of land), shall cease to have effect. In section 22 (power to break open roads), the words “or water development board” shall cease to have effect. In section 23 (power to lay mains)— In section 25 (power to provide public wells)— In section 26 (power to close, or restrict use of, wells)— In section 27 (power to close, or restrict use of water from, polluted source)— In section 28 (water works code)— shall cease to have effect. In section 29 (applications of enactments by order)— shall cease to have effect. Section 30 (exemption from stamp duty) shall cease to have effect. In section 32 (power of water undertakers to supply water to water authorities)— shall cease to have effect. In section 33 (temporary discharge of water into watercourses)— shall cease to have effect. Section 35(4) (charge for water fittings) shall cease to have effect. In section 38(1) (entry to premises), the words “or water development board” and, in each of paragraphs (a), (c) and (d), “or board”, shall cease to have effect. Sections 40 (non-domestic water rate) and 41 (levy of non-domestic water rate) shall cease to have effect. Sections 42 (levy of non-domestic water rate on water works etc.), 43 (levy of non-domestic water rate on shootings and fishings) and 46 (transport hereditaments) shall cease to have effect. In section 47 (provision as regards certain pre-existing obligations etc.)— Sections 48 (levying of, and exemption from, rates) and 49 (payment for supplies by meter) shall cease to have effect. In section 54 (register of meter to be evidence)— shall cease to have effect. In section 55 (terms and conditions on which water supplied)— In section 58 (termination of right to supply of water on special terms)— Sections 60 (requisitions) and 61 (calculation of amount to be requisitioned) shall cease to have effect. In section 63 (provision of water supply to new buildings and houses)— Sections 64 to 67 (provisions as respects duty of house owners to provide supply of wholesome water for domestic purposes, execution of works on failure to do so, recovery of expenses of such execution and limitation of liability for such expenses) shall cease to have effect. In section 68 (agreements as to drainage)— In section 69(1) (power to restrict use of hosepipes)— In section 70 (byelaws for preventing misuse of water)— shall cease to have effect. In section 71 (byelaws for preventing pollution of water)— In section 72(2) (duty to enforce byelaws), the words “and water development board” shall cease to have effect. In section 73 (power of Secretary of State to require the making of byelaws)— shall cease to have effect. In section 76 (acquisition of land for protection of water)— In section 76F(5) (supplementary regulations in relation to water quality)— In section 76H (effect, confirmation and variation of notice under section 76G)— In section 76I (incidental powers of local authorities)— In section 76J(1) (regulations as to standards of wholesomeness), for “Part” substitute “ Act ”. In section 76L(1) (interpretation of Part VIA), the definitions of “local authority” and “wholesome” shall cease to have effect. Sections 80 to 92 (provisions as regards water development boards) shall cease to have effect. In section 100 (power to make orders), for subsection (2) substitute—. In section 103 (requirement for notices to be in writing)— In section 104(1) (appeal against decision of sheriff on any application under the Act), after “Act” insert “ (other than an application under section 23(1A)) ”. In section 106(4) (recording of awards in arbitration etc.), for “the said Acts” substitute “ this Act ”. In section 107 (repeal, amendment and adaptation of local enactments)— shall cease to have effect. In section 109 (interpretation)— In Schedule 1 (procedure for making orders and making and confirming bylaws)— In Schedule 2 (orders authorising compulsory acquisition of land), in each of paragraphs 4 and 6, the words “or water development board” wherever they occur shall cease to have effect. In Schedule 3 (provisions as to breaking open roads and laying communication and supply pipes)— In Schedule 4 (provisions to be incorporated in orders relating to water undertakings)— Schedules 7 (procedure for making certain orders) and 8 (further provisions as regards water development boards) shall cease to have effect.
The Local Government, Planning and Land Act 1980 shall be amended in accordance with this paragraph. In section 2(1) (duty of authorities to publish information)— In section 8(1) (meaning of “functional work”), in paragraph (b)(iv), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 20(1) (interpretation of Part III), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 120(3) (compulsory acquisition: exclusion of special parliamentary procedure), in the definition of “local authority”, in paragraph (c), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 148 (planning control)— In section 165(9)(b) (power to transfer undertaking), for “a regional council and a district council” substitute “ any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 other than the councils for Orkney Islands, Shetland Islands and Western Isles ”.
The Public Passenger Vehicles Act 1981 shall be amended in accordance with this paragraph. In section 5(3) (publication of information by traffic commissioners), in paragraph (b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 14A(4)(b) (objections to application for PSV operator’s licence), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 82(1) (interpretation), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 1 (public service vehicles: conditions affecting status or classification), in paragraph 2(2)(b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 50(3) of the Animal Health Act 1981 (local authorities for purposes of Act), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 107(3)(b) of the Finance Act 1981 (sale of houses at discount by local authorities etc.), for “regional, district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 1(3)(b) of the Zoo Licensing Act 1981 (licensing of zoos by local authorities), for “islands councils and district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Wildlife and Countryside Act 1981 shall be amended in accordance with this paragraph. In section 27(1) (interpretation of Part I), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Civil Aviation Act 1982 shall be amended in accordance with this paragraph. In section 30 (provision of aerodromes and facilities at aerodromes by local authorities)— In section 36(4)(b) (meaning of “relevant authority” for purposes of section), for “islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 88(10) (application and interpretation of section), the words “, other than a district council in Scotland,” shall cease to have effect. In section 105(1) (general interpretation), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In Schedule 1 to the Stock Transfer Act 1982 (specified securities), in paragraph 7(2), for head (b) substitute—.
The Local Government and Planning (Scotland) Act 1982 shall be amended in accordance with this paragraph. For section 9 (re-allocation of responsibility for certain local authority functions relating to the countryside) substitute—. In section 14 (islands or district council’s duties in relation to the provision of recreational, sporting, cultural and social facilities and activities)— In section 15(2) (local authority’s powers in relation to provision of recreational, sporting etc. facilities), for “An islands or district council” substitute “ A local authority ”. In section 16 (provisions supplementary to section 15)— For section 17 (power of regional council to contribute towards provision of recreational etc. facilities) substitute—. In section 18 (byelaws in relation to recreational, sporting etc. activities)— In section 24(1) (provision of gardening assistance for certain persons), for “An islands or district council” substitute “ A local authority ”. In section 25 (local authority’s functions in relation to cleansing of land)— In section 26(1) (local authority’s functions in relation to the provision of public conveniences), for “An islands or district council” substitute “ A local authority ”. In section 27 (local authority’s functions in relation to provision of a market)— In section 28 (local authority’s functions in relation to the provision of clocks)— In section 30(1), for the words from “an islands” to “may”, where it first occurs, substitute “ a local authority may, with the consent of the roads authority ”. In section 67 (interpretation), immediately before the definition of “the 1972 Act” insert— “ “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; ”. Part I of Schedule 1 (which re-allocates certain functions relating to the countryside) shall cease to have effect.
The Civic Government (Scotland) Act 1982 shall be amended in accordance with this paragraph. In section 2 (licensing authorities)— In section 45 (control of sex shops)— In section 62 (notification of processions)— In section 63 (functions of authorities in relation to processions), in each of subsections (1), (1A)(a), (3) and (4), for “regional or islands council”, wherever it occurs, substitute “ local authority ”. In section 64 (appeals against orders under section 63)— In section 87 (local authorities’ powers in relation to buildings in need of repair), subsection (6) shall cease to have effect. In section 89 (safety of platforms etc.), subsection (10) shall cease to have effect. In section 90 (lighting of common stairs etc.)— In section 91 (installation of lights in private property)— In section 92 (cleaning and painting of common stairs etc.)— In section 94 (disused petrol containers)— In section 95 (private open spaces), in each of subsections (2) and (3)(b), for “district or islands council” substitute “ local authority ”. In section 96(1) (statues and monuments)— In section 97 (street names and house numbers), for “district or islands council” substitute “ local authority ”. In section 119 (regulation of charitable collections)— In section 120 (savings for Crown and other rights), for “district or islands council” substitute “ local authority ”. In section 121 (control of the seashore, adjacent waters and inland waters)— In section 122 (power to execute works on seashore)— In section 123 (interpretation of sections 120 to 122)— In section 133 (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 2 (control of sex shops)—
The Representation of the People Act 1983 shall be amended in accordance with this paragraph. In section 8 (registration officers), for subsection (3) substitute—. In section 25 (returning officers: Scotland)— In section 31(2) (polling districts in Scotland)— In section 52(4)(b) (provision of officers of local authority to assist registration officer), for the words from “the” to “area” substitute “ every local authority ”. In section 82(4)(b) (declaration as to election expenses), for “regional, islands or district council” substitute “ local authority ”. In section 96(3)(b) (meeting rooms for local election meetings), for the words from “the council” to “district” substitute “ a local authority ”. In section 204 (general application to Scotland)— In Schedule 5 (use for parliamentary election meetings of rooms in school premises and of meeting rooms), in paragraph 6(b), for “the council of every islands area and district” substitute “ every local authority ”.
In section 1(11) of the Level Crossings Act 1983 (safety arrangements at level crossings: interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Litter Act 1983 shall be amended in accordance with this paragraph. In section 4 (consultation and proposals for abatement of litter), for subsection (4) substitute—. In section 8(7) (interpretation of sections 7 and 8), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Telecommunications Act 1984 shall be amended in accordance with this paragraph. In section 97(3)(b) (contributions by local authorities towards provision of facilities: interpretation), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph. In section 19(3)(b) (local authority in Scotland empowered to regulate use of roads by public service vehicles), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 26 (arrangements for patrolling school crossings)— In section 32(4)(a) (meaning of certain expressions for purposes of sections 33 to 41), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 37(1)(b) (orders made by local authorities in Scotland for purposes of general scheme of traffic control), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 44(1)(b) (control of off-street parking), for the words from “regions” to “council” substitute “ local authority areas, by the council (constituted under section 2 of the Local Government etc. (Scotland) Act 1994) for the area ”. In section 45(7)(c) (meaning of “local authority” for purposes of sections 45 to 55), for “the regional or islands council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 100(5)(c) (meaning of “local authority” in Scotland for purposes of section), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 121A(4) (traffic authorities), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Roads (Scotland) Act 1984 shall be amended in accordance with this paragraph. In section 9(1)(e) (supplementary orders relating to special roads)— In section 55(3) (arrangements for provision of meals etc. on picnic sites), for “regional, islands or district council” substitute “ local authority ”. In section 93(3)(a) (protection of road users from dangers near a road), for the words from “ratepayer” to “islands” substitute “ person, being a ratepayer or person liable to pay council tax within their ”. In section 95(2) (recovery of expenses by road authority where contravention of section), the words “or by the district council” shall cease to have effect. In section 97(6) (trading: meanings of certain expressions)— In section 113(1)(c) (transfer of property and liabilities in connection with special roads etc.), for “regional council” substitute “ local authority ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 143(2)(a)(ii) (procedure for orders), after “section 8” insert “ 113A ”. In section 151 (interpretation)— In Schedule 1 (procedures for making or confirming certain orders and schemes)—
In section 21(1) of the Foster Children (Scotland) Act 1984 (interpretation), in the definition of “local authority”, for the words from “the” to “area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Rent (Scotland) Act 1984 shall be amended in accordance with this paragraph. In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.)— In section 43(1) (registration areas for purposes of Part V), for “districts and islands areas” substitute “ areas of local authorities ”. In section 62(1) (registration areas for purposes of Part VII), for “districts and islands areas” substitute “ areas of local authorities ”. In section 63(4) (bodies for purposes of subsection (3)(b)), for paragraph (a) substitute—. In section 115(1) (interpretation)—
In section 21(1) of the Cinemas Act 1985 (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 27(3)(b) of the Child Abduction and Custody Act 1985 (interpretation), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Water (Fluoridation) Act 1985 shall be amended in accordance with this paragraph. In section 1 (fluoridation of water supplies at request of health authority)— Section 3 (continuity of existing fluoridation schemes) shall cease to have effect. In section 4 (publicity and consultation)— In section 5 (interpretation)—
In section 93 of the Transport Act 1985 (travel concession schemes)—
in subsection (8)(b)—
after “also” insert— ; and
after “authority” insert; and ; and
in subsection (9)—
in paragraph (a), after “paragraph (b)” insert “ or (c) ”; and
in paragraph (b), after “jointly” insert; or .
The Housing Act 1985 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 4 (qualifying period for right to buy and discount)—
The Housing Associations Act 1985 shall be amended in accordance with this paragraph. In section 59(1) and (2) (powers of local authorities to promote and assist housing associations: Scotland), the words “or regional council”, wherever they occur, shall cease to have effect. In section 104 (local housing authorities)— In section 106(2) (minor definitions), in the definition of “local authority”, for “an islands council or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 69(3) of the Weights and Measures Act 1985 (local weights and measures authorities: Scotland), for the words from “each” to “council” substitute “ the area of each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the council for that area ”.
In section 6(2)(b) of the Local Government Act 1986 (interpretation and application of Part II), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 1(1) of the Civil Protection in Peacetime Act 1986 (application of Act)—
after “that Act” insert “ including, by virtue of section 4A of that Act, any two or more local authorities jointly and a joint board and joint committee ”; and
after “authority”, where it thirdly occurs, insert “ or, as the case may be, the local authorities, joint board or joint committee ”.
In section 12(1) of the Airports Act 1986 (interpretation of Part II), in the definition of —
“local authority”, in paragraph (b), for the words from “has” to “1973” substitute “ means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and
“principal council”, in paragraph (b), for “regional or islands council” substitute “ local authority ”.
The Disabled Persons (Services, Consultation and Representation) Act 1986 shall be amended in accordance with this paragraph. In section 2(9) (rights of authorised representatives of disabled persons: definitions), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 16 (interpretation), in the definition of “local authority”, in paragraph (b)—
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The Debtors (Scotland) Act 1987 shall be amended in accordance with this paragraph. In each of sections 1(5)(e) (competence of time to pay direction) and 5(4)(e) (competence of time to pay order), after sub-paragraph (ii) (and before the word “or” immediately following that sub-paragraph), insert—. “summary warrant” means a summary warrant granted under or, as the case may be, by virtue of— In paragraph 35 of Schedule 5 (interpretation), in the definition of “creditor”, after paragraph (e) add—; and .
The Housing (Scotland) Act 1987 shall be amended in accordance with this paragraph. In section 61 (secure tenant’s right to purchase)— In section 64(6) (conditions of sale: houses in designated rural areas), for “islands or district council”, in both places where it occurs, substitute “ local authority ”. In section 70 (power to refuse to sell certain houses required for educational purposes)— In section 212(4) (authorities empowered to give rent increase notices)— In section 300(1)(a) (meaning of “public sector authority”), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 338(1) (interpretation)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 41 of the Fire Safety and Safety of Places of Sport Act 1987 (interpretation), in the definition of “local authority”, in paragraph (d), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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in paragraph 1, in the table, in the entry relating to “Social work authority”, for “section 2(2)” substitute “section 5(1B)”; and
in paragraph 2(2), for “regional, islands or district council” substitute “council constituted under section 2 of the Local Government etc. (Scotland) Act 1994”.
In section 842A(3) of the Income and Corporation Taxes Act 1988 (local authorities)—
for paragraphs (a), (b) and (c) substitute—; and
in paragraph (e), for the words from “falling” to the end substitute “ such as is mentioned in paragraph (a) above ”.
The Local Government Act 1988 shall be amended in accordance with this paragraph. In section 1 (interpretation)— In section 2 (defined activities), after subsection (9) insert—. In section 15 (orders, regulations etc.), in each of subsections (2) and (5), after “section 2(9)” insert “ or 2(10) ”. In section 24(6) (interpretation of Part III of Act), in the definition of— In Schedule 2 (public supply or works contracts: the public authorities)—
The Housing (Scotland) Act 1988 shall be amended in accordance with this paragraph. In section 43(3)(a) (certain tenancies secure where interest of landlord belongs to local authority etc.), for sub-paragraphs (i) and (ii) substitute—. In section 45(4) (transfer of existing tenancies: public bodies), for paragraphs (a) and (b) substitute—. In section 55(1) (interpretation of Part II of the Act)— In section 56 (right conferred by Part III)— In section 57(1) (persons by whom right may be exercised)— In Schedule 4 (tenancies which cannot be assured tenancies), in paragraph 11—
The School Boards (Scotland) Act 1988 shall be amended in accordance with this paragraph. In section 5 (persons entitled to attend Board meetings, etc.)— In subsection (2) of section 22 (interpretation)— In Schedule 2 (application of 1973 Act to appointment committees)—
The Road Traffic Act 1988 shall be amended in accordance with this paragraph. In section 27(7)(b) (local authorities who may designate roads, etc.), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 33(5)(b) (local authorities who may authorise certain motor vehicle trials), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 39(4)(b) (powers of local authorities as to giving road safety information etc.), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 45(3)(c) (inspectors appointed by designated councils to carry out vehicle tests), for “the council of a region or islands area” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 67B(2) (tests to check whether defects have been remedied), for “a region or islands area” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 124(2) (exemption of police instructors from prohibition imposed by section 123), in the definition of “local authority”, in paragraph (b), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 144(2)(a)(ii) (local authority exempt from requirement for third-party insurance or security), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 2 (deferred tests of condition of vehicles), in paragraph 1(b), for “an islands area or district” substitute “ the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
Schedule 5 to the Electricity Act 1989 (water rights for hydro-electric generating stations in Scotland) shall be amended in accordance with this paragraph. In paragraph 8(a)— In paragraph 9, the words “and the water development board” shall cease to have effect. In paragraph 14, the words “, or the area of any water development board,” shall cease to have effect.
The Local Government and Housing Act 1989 shall be amended in accordance with this paragraph. In section 2(6) (politically restricted posts)— In section 4 (designation and reports of head of paid service)— In section 5(5) (reports of monitoring officer etc.), the words “, or Schedule 10 or 20 to,” shall cease to have effect. In section 8(5)(b) (local authorities to adopt standing orders with respect to staff), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 9 (assistants for political groups)— In section 14 (voting rights of members of certain committees: Scotland)— In section 21(2) (interpretation of Part I), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 151(4) (power to amend provisions about charges), for paragraphs (b) and (c) substitute—or . In section 152(3) (application of certain provisions as respects Scotland)— In section 155(5) (emergency financial assistance to local authorities)— In section 157(6) (commutation of, and interest on, periodic payments of grants etc. to local authorities), for “regional, islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 170(9) (authorities empowered to provide services etc. for owners or occupiers of houses as respects certain works), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Prisons (Scotland) Act 1989 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 14 (legalised police cells)— In section 16 (discharge of prisoners)—
The Food Safety Act 1990 shall be amended in accordance with this paragraph. In section 5(2) (food authorities in Scotland), for “islands or district councils” substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 27(1) (appointment of public analysts), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 28(1) (provision of facilities for examinations), for “regional council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Enterprise and New Towns (Scotland) Act 1990 shall be amended in accordance with this paragraph. In section 21 (areas of operation of Highlands and Islands Enterprise)— In section 36(1) (interpretation), in the definition of “local authority”, for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall be amended in accordance with this paragraph. In section 62(6) (local authorities for purposes of supervised attendance orders), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In Schedule 6 (supervised attendance orders), in paragraph 2(3)(b), for “director of social work” substitute “ chief social work officer ”.
In Schedule 2 to the Broadcasting Act 1990 (restrictions on the holding of licences), in paragraph 1(1), in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Environmental Protection Act 1990 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 30 (authorities for purposes of Part II), in each of subsections . . .(2)(g) and (3)(c), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 45(10) (application to Scotland of certain sections of the 1968 Act for purposes connected with the collection of controlled waste), for paragraphs (a) and (b) substitute—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 53 (duties of authorities as respects disposal of waste collected: Scotland)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 86 (preliminary provisions relating to litter)— In section 88(9) (“litter authorities” for purposes of section)— shall cease to have effect. In section 90(3) (power to designate litter control areas), the words “, regional council” shall cease to have effect. In section 92(1) (summary proceedings by litter authorities), the words “, regional council” shall cease to have effect. In section 93(1) (street litter control notices), the words “, regional council” shall cease to have effect. In section 95(1) (public registers), the words “, regional council” shall cease to have effect. In section 99(5)(e) (local authority in Scotland having powers in relation to abandoned trolleys), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 149(11) (seizure of stray dogs: interpretation), in the definition of “local authority”, for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The New Roads and Street Works Act 1991 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 148 (particular and general provisions as respects sewers)— In section 153 (power of road works authority to undertake road works)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 6(1) of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in Scotland), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Natural Heritage (Scotland) Act 1991 shall be amended in accordance with this paragraph. In section 20 (making of drought orders), for subsection (3) substitute—. In section 22(1) (interpretation), in the definition of “compensation water”, the words “or water development board” shall cease to have effect. In section 24 (rights of entry and inspection)— In Schedule 7 (further provisions regarding drought orders)— In Schedule 8 (procedure for making drought orders), in paragraph 1(3), in the second column of the Table—
In Schedule 3 to the Road Traffic Act 1991 (permitted and special parking areas outside London), in paragraphs 1(1)(d) and 2(1)(c), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 47(6)(b) of the Coal Mining Subsidence Act 1991 (notices to local authorities), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
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The Social Security Contributions and Benefits Act 1992 shall be amended in accordance with this paragraph. In section 28(6)(d) (“local education authority” in Scotland), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 58(4) (incapacity for work: work as councillor to be disregarded), in the definition of “councillor”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 137(1) (interpretation), the definition of “levying authority” shall cease to have effect.
The Social Security Administration Act 1992 shall be amended in accordance with this paragraph. In section 15A(3) (“qualifying lenders” for purposes of section)— For the words “levying authority” or “levying authorities” where they appear in sections 76(1), 77(1), . . . . . ., substitute “ local authority in Scotland ” or “ local authorities in Scotland ” respectively. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 191 (interpretation)—
The Local Government Finance Act 1992 shall be amended in accordance with this paragraph. In section 70 (council tax in respect of dwellings), for subsection (1)(a) substitute—. In section 78 (basic amounts payable)— In section 80 (reduced amounts)— In section 81 (appeal to valuation appeal committee), in subsections (1)(a) and (b) and (5), for “levying” substitute “ local ”. In section 84 (compilation and maintenance of valuation lists), for subsection (10) substitute—. In section 90 (information about properties), in subsection (8) for “levying” substitute “ local ”. In section 91 (information about lists), in subsections (2) and (3) for “levying” substitute “ local ”. In section 94 (substituted and reduced settings) in subsection (8), for “levying” substitute “ local ”. In section 97 (levying and collection of council tax)— In subsection (1) of section 98 (information required by Secretary of State), for “levying” substitute “ local ”. In section 99 (interpretation of Part II)— In section 107 (water and sewerage charges)— In section 109(1) (council tax grants), for “levying” substitute “ local ”. In section 111 (references to rateable values), after subsection (10) insert—. In Schedule 2 (administration)— In Schedule 3, in paragraph 2, for “levying” in each place where it occurs, substitute “ local ”. In Schedule 8 (enforcement: Scotland), in paragraphs 1, 2, 3, 4 and 6, for “levying”, in each place where it occurs, substitute “ local ”. In Schedule 12 (payments to local authorities by Secretary of State: Scotland)—
In subsection (4)(c) of section 30 of the Local Government Act 1992 (extent), for the words from “Schedule” to “Part II” there shall be substituted the words “ Part II of Schedule 4, apart from so much of that Part ”.
In Part II of Schedule 1 to the Tribunals and Inquiries Act 1992, in paragraph 58 (the entry relating to rates) for the words from “section 4” to the end substitute “ section 29 of the Local Government etc. (Scotland) Act 1994. ”.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended in accordance with this paragraph. In section 18(6) (statement on oath by appropriate officer where supervised release order breached etc.)— In section 27(1) (interpretation), in the definition of “local authority”, for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 64(1) of the Clean Air Act 1993 (interpretation), in the definition of “local authority”, in paragraph (b), for “an islands or district council” substitute “ a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
In section 47(1) of the Radioactive Substances Act 1993 (interpretation)—
in the definition of “local authority”, in paragraph (b), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1(9)(b) of the Local Government (Overseas Assistance) Act 1993 (local authorities empowered to provide advice and assistance), for “regional, islands or district council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Noise and Statutory Nuisance Act 1993 shall be amended in accordance with this paragraph. In section 8(5)(b) (local authorities in Scotland who may consent to the operation of loudspeakers in roads), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 9(7) (interpretation of certain expressions for purposes of section), in the definition of “local authority”, in paragraph (b), for “district or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”.
The Railways Act 1993 shall be amended in accordance with this paragraph. In section 136(3) (grants and subsidies), in paragraph (d)(i), for “regional or islands council” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ”. In section 151(1) (general interpretation), in the definition of “local authority”—
Section 180(2). Chapter Short title Extent of repeal 18 & 19 Vict. c. 68. The Burial Grounds (Scotland) Act 1855. In section 10, the words “any of the Lords Ordinary of” and the words from “And provided” to “such dwelling house”. In section 11, the words from “but no ground” to the end. 49 & 50 Vict. c. 15. The Sporting Lands Rating (Scotland) Act 1886. The whole Act. 7 & 8 Geo. 6 c.26. The Rural Water Supplies and Sewerage Act 1944. The whole Act. 10 & 11 Geo. 6 c.41. The Fire Services Act 1947. In section 15(2), the proviso. In section 36, in subsection (2), the words “and thirty-six” and “and twenty-three” and subsections (3) and (6). 10 & 11 Geo. 6 c. 43. The Local Government (Scotland) Act 1947. In section 237(2)(b), the words from “and, if” to “determined”. 000nnn Sections 243, 243A, 243B and 244. 11 & 12 Geo. 6 c. 29. The National Assistance Act 1948. In section 33, subsection (2). In the Third Schedule, paragraphs 9 to 13. 12, 13 and 14 Geo. 6 c. 74. The Coast Protection Act 1949. In section 20(5), the words “or the council of a district in Scotland”. 12, 13 and 14 Geo. 6 c. 97. The National Parks and Access to the Countryside Act 1949. In section 21(1), the words “general or district”. 3 & 4 Eliz. 2 c. 13. The Rural Water Supplies and Sewerage Act 1955. The whole Act. 4 & 5 Eliz. 2 c. 60. The Valuation and Rating (Scotland) Act 1956. Section 1. Section 3. Section 22A. In section 43(1), the definition of “Advisory Council”. 6 & 7 Eliz. 2 c. 64. The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958. Section 7. 7 & 8 Eliz. 2 c. 40. The Deer (Scotland) Act 1959. In section 25A, in subsection (2), the words “islands and district”, and in subsections (4) and (5) the words “islands or district”. In section 25D, in subsection (8), the words “islands or district”. 1960 c. 62. The Caravan Sites and Control of Development Act 1960. Section 24(8A). 1961 c. 41. The Flood Prevention (Scotland) Act 1961. In section 4(2), the words “(whether a different authority from the local authority or not)”. Section 12(2). 1965 c. 49. The Registration of Births, Deaths and Marriages (Scotland) Act 1965. Section 15(4). 1966 c. 51. The Local Government (Scotland) Act 1966. Section 17. Section 20. In section 25, in subsection (1), the words “the determination of rateable values,” and subsections (3), (4) and (5). In section 46(1), the definition of “rate”. In Schedule 3, paragraph 1, in paragraph 3(1), the words from “and that” to “heritages”, in paragraph 5, the word “relevant”, in both places where it occurs, paragraphs 6 and 7, in paragraph 8, the words from “relevant lands” to “Act” and the words from “included” to “heritages”, where it second occurs. In Schedule 5, paragraph 3. 1967 c. 77. The Police (Scotland) Act 1967. Section 19(5). Section 21A. 1967 c. 78. The Water (Scotland) Act 1967. The whole Act. 1967 c. 86. The Countryside (Scotland) Act 1967. In section 49, subsection (5). In section 61, in each of subsections (5), (6) and (8), the word “local”. In section 63, in each of subsections (2) and (4) to (9), the word “local” wherever it occurs; and in subsection (11), the word “local” where it first occurs and the words from “and any reference” to the end. In section 65(5), paragraph (c) and, in paragraph (f), the words “within the meaning of section 109(1) of the Water (Scotland) Act 1980”; and paragraph (g). 1968 c. 16. The New Towns (Scotland) Act 1968. In section 34(1)(a), the words “water, sewerage or other”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1968 c. 47. The Sewerage (Scotland) Act 1968. Section 18. Section 40. Section 47. Section 52. In section 59(1), the definitions of “authorised officer”, “local authority” and “trunk road”. 1968 c. 49. The Social Work (Scotland) Act 1968. Section 2. In section 5A(3), paragraph (b). Section 34(3). In section 36, subsections (1), (4) and (6). In section 76(2), the words “to which the case stands referred”. In Schedule 3, in paragraph 3, sub-paragraph (i) and, in sub-paragraph (ii), the words “in any other case,”. 1968 c. 73. The Transport Act 1968. In section 9A(9)(b), the words “regional or islands”. In section 56(4)(b), the words “regional or islands”. 1970 c. 6. The Rural Water Supplies and Sewerage (Scotland) Act 1970. The whole Act. 1971 c. 49. The Rural Water Supplies and Sewerage Act 1971. The whole Act. 1972 c. 52. The Town and Country Planning (Scotland) Act 1972. Section 4(5). Section 5(5) and (7). In section 8(1) the words from “and may provide for” to the end. In section 15(1), the words from “or of the provisions of Part IX” to “to be carried out, or”, the words “, after holding a local inquiry or other hearing,” and the words “carrying out the survey or are not”. In section 22, the word “(1)” and subsection (2). Section 25(4). Section 28(3). Section 32(7). Section 49G. Section 50(4). In section 52(4), the words “regional, general or district”. In section 56F(1), the words from “and section 179” to “1973”. In section 56K(10), the words “and section 179 of the Local Government (Scotland) Act 1973” Section 84A. In section 87A(1), the words “general and district”. In section 102, in subsection (1) the words “to whom this subsection applies”, and subsection (5). Section 169(8). Section 229A. In paragraphs (a) and (b) of section 231(2), the words “or as applied under section 181 of the Local Government (Scotland) Act 1973”. Section 254(4). Section 265(9). In section 275(1), the definition of “district planning functions”. In Part II of Schedule 21, the words from “In section 25(3)(c)” to the end of the paragraph. 1973 c. 65. The Local Government (Scotland) Act 1973. Section 1. Section 2. Section 3. Section 3A. Section 4. Section 5. Section 11. In section 24(5)(f), the words “regional, islands or district”. Section 31(4). In section 47, in subsection (4), the words “, other than a water development board within the meaning of the Water (Scotland) Act 1980,”; and subsection (5). In section 51, in subsection (1), the words “within the meaning of this Part of this Act” and subsection (3). In section 56(6), paragraphs (a) and (c). In section 56(9), paragraph (c). In section 63, in subsection (2), the words “or a district council” and, in subsection (5)(a), the words “or district council”. In section 64(5), paragraphs (c) and (f). Section 69(4). Section 74(3). In section 83, in subsection (2), the words “, subject to subsection (3A) below,”; subsections (2A), (2B) and (3A); and, in subsection (4B)(d), the word “Economic” . In section 84, subsections (2) and (4). In section 87, in subsection (1), the words “any other local authority in the area”, in subsection (2), the words from “and where” to the end, and subsection (3). Section 90A. In section 96(5), the words from “, so however that” to “31st March 1976”. In section 100(3), the words from “and to an additional fine” to the end. In section 106(1), paragraph (c) and the proviso. Section 109. In section 111(1)(e), the words “or to a water development board within the meaning of the Water (Scotland) Act 1980,”. Section 116. In section 118, in subsection (1), the words “(a)” and paragraph (b) and, in subsection (5), the words “or any water development board within the meaning of the Water (Scotland) Act 1980”. Section 127. Sections 131 and 132. In section 133, subsection (1). Section 134(1). In section 135, in subsection (5), in paragraph (a), the words from “not” to the end, in subsection (6)(d), the word “regional” and subsection (8). Sections 137(1) and 138(1). Section 140. Sections 142 and 143. Section 146(7). Section 148(1). In section 153, in subsection (1), the words “regional or islands”, in subsection (2), the words “regional or islands” and, wherever it occurs, “such” and, in subsection (3), the words “regional or islands” and, where it first occurs, “such”. In section 154, in subsection (1), the words “Subject to subsection (3A) below” and “regional or islands”, in subsection (2), the word “regional”, in both places where it occurs, in subsection (3), the words “regional or islands” and “such” and subsections (3A) and (3B). Sections 154A and 154B. Sections 155(1), 156(1) and 157. Section 159. Section 161. In section 163, subsection (1), in subsection (2), the words “as aforesaid” and subsection (3). In section 166, subsection (1) and, in subsection (2), paragraphs (a), (e) and (f). Section 168. Section 170A(5)(a). In section 170B(2), the words “or water development boards” where they first occur. Section 171(1) and (2). Section 173. Section 174. Section 176. Section 177. Section 179. Section 181. Section 182. Section 183. Section 193(2). In section 200, subsections (1) to (6), (8), (9) and (11)(b). In section 202, in subsection (1), the words “Subject to subsection (1A) below”; and subsections (1A) and (13). In section 215, subsections (3) to (7). Sections 222 to 226. Section 230. In section 235(1), the definitions of “area”, “college council”, “school council”, “education committee” and “water authority”. In section 236(2), the words “Subject to section 74(3) of this Act and to section 20 of the Water (Scotland) Act 1980,”; and paragraph (e). Schedules 1 and 2. In Schedule 6, in paragraph 2, the letter “(a)”. In Schedule 9, paragraphs 11 and 53. Schedule 10. Schedules 13 and 14. In Schedule 17, in paragraph 1(1)(a), the words “or to a constituent board” and “or to a constituent water authority”; and paragraph 2. Schedule 20. Schedule 22. In Part II of Schedule 27, paragraphs 159, 180 and 182. 1974 c. 40. The Control of Pollution Act 1974. Section 32(6). Section 106(3). 1975 c. 20. The District Courts (Scotland) Act 1975. Section 7(3). Section 18(3). 1975 c. 21. The Criminal Procedure (Scotland) Act 1975. In Schedule 7D, paragraph 59. 1975 c. 24. The House of Commons Disqualification Act 1975. In Schedule 1, in Part IV, the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for an islands area in Scotland and, in the entry relating to Her Majesty’s Lord-Lieutenant or Lieutenant for the district of the city of Aberdeen, Dundee, Edinburgh, or Glasgow, the words “the district of”. 1975 c. 30. The Local Government (Scotland) Act 1975. In section 1, in subsection (3)(b), the words “,after consultation with the Advisory Council,”, subsection (3)(c), and subsection (7). Section 4. Section 6(1A). In section 7(1A), the words “and, in the case of the non-domestic water rate, the net annual value and the apportioned net annual value of part residential subjects”. Section 7A(3). Section 13. In section 16, the words “, water development boards”. In section 23, subsections (1)(c) and (d) and (2)(c). In section 29A, in subsection (3)(a), the words from “or under” to “committees”. In Schedule 3, paragraphs 1 to 21; in paragraph 22, in sub-paragraph (1), head (c) and, in sub-paragraph (2), the words from “(a)” to “or”, where it occurs immediately following sub-paragraph (b); paragraphs 24A and 26; in paragraph 28(1) the words “paragraph 1(4) above and” and “, a water development board”; and paragraphs 29 and 30. In Part II of Schedule 6, paragraphs 6, 13, 23, 34 and 53. 1975 c. 72. The Children Act 1975. In section 99(1), the word “or” immediately preceding paragraph (e). 1976 c. 66. The Licensing (Scotland) Act 1976. In section 1, subsection (3), in subsection (4), the words “district or islands” and, in subsection (5), the words “or electoral division”. In section 3(2), the words “of the district or islands area”. In section 5(8), the words “district or islands”. In section 7, in subsection (1), the words “district and islands” and subsection (2). 1976 c. 71. The Supplementary Benefits Act 1976. In Schedule 5, in paragraph 2(2), the words “and of”, “, regions, islands areas” and “and”, where it thirdly occurs, and, in paragraph 4(2), the words, “, a region, an islands area” and “or”, where it secondly occurs. 1978 c. 29. The National Health Service (Scotland) Act 1978. In section 16A(1), in paragraph (b), the words “of a regional or islands council’s”, in paragraph (c), the words “of a district or islands council’s” and, in paragraph (d), the words “of a regional or islands council’s”. 1978 c. 50. The Inner Urban Areas Act 1978. In section 1(2), the words “or region”. In section 2(1), the words “or region”, in both places where they occur. In section 7(1)(a), the words “or region”. 1980 c. 9. The Reserve Forces Act 1980. In section 131, in subsection (2), the words “the district of”, subsections (3) and (4) and, in subsection (5), the words “the districts of”. 1980 c. 44. The Education (Scotland) Act 1980. In section 4, the words “regional or island authority”. In section 6, in subsection (2), the letter “(a)” and paragraph (b) and subsection (3). Section 78. In section 86, in paragraph (a), the words from “or” to “authority”, where thirdly occurring and in paragraph (e), the words “or by the director of education”. 1980 c. 45. The Water (Scotland) Act 1980. Sections 3 to 5. In section 10, in subsection (1), the words “or water development board”; in subsection (1A) the words “onto agricultural land or forestry land” and “or as the case may be water development board’s”; and subsection (6). In section 11, in subsection (1), in paragraph (a), the words “or a water development board” and in paragraph (b) the words “or board”; in subsection (2), the words “or board”; in subsection (3), the words “or board” wherever they occur; in subsection (4), the words “or board” wherever they occur and “or “the transferee board””; and in subsections (5) to (7), the words “or board” wherever they occur. In section 13, in subsection (1), the words “or water development board”, in both places where they occur, “or board”, in both places where they occur and “or area”; in subsection (2), the words “or water development board”, “or board” wherever they occur, “or area” and “or boards”; in subsection (3), the words “or water development board” and “or area, as the case may be”; and in subsection (6), the words “or water development board”. Section 15. In section 16, in subsection (1), the words “or water development board”; and in each of subsections (2), (3) and (8), the words “or board” wherever they occur. In section 17, in subsection (1), the words “or water development board”; in subsection (2), the words “or water development board” and “or board”; in subsection (3), the words “or water development board” and, in both places where they occur, “or board”; and in subsection (4), the words “or water development board”. In section 18, the words “or board” in both places where they occur. Section 20. In section 22, the words “or water development board”. In section 23, in subsection (1), the words “or water development board”; in subsection (2), the words “or board”; and in subsection (3), the words “or water development board”. In section 25(2), the words “or district”, where they secondly occur. In section 27(1), the words “or district” where they secondly occur. In section 28, in subsection (1), the words “or a water development board”; and in subsection (2), the words “or water development board”. In section 29, in subsection (2), the words “or water development board”; and in subsection (3), the words “or board”. Section 30. In section 32, in subsection (1)(b), the words “subject to subsection (2),”; and subsection (2). In section 33, in subsection (1), the words “or water development board”, “or their area, as the case may be” and “or board”; in subsection (3), the words “or water development board” in both places where they occur; and in each of subsections (4), (6)(b), (7), (8), (9) and (11), the words “or board” wherever they occur. Section 35(4). In section 38(1), the words “or water development board” and, in each of paragraphs (a), (c) and (d), “or board”. Sections 40 and 41 Sections 42 to 46. In section 47(3), the word “and” where it first occurs. Sections 48 and 49. In section 54, subsection (2); and in subsection (3)(b), the words from “and in the case” to the end. In section 58, in subsection (6), the words “or the district of a district council” and “or by that district council”; and subsection (8). Sections 60 and 61. Section 63(6). Sections 64 to 67. In section 68, in subsection (1), the words “or water development board” and “or board”; in the proviso to that subsection the words “or board”; and subsection (3). In section 70, in subsection (1), the words “or water development board”; in subsection (2), the words “or board”; in subsection (4), the words “or water development board”; and in the proviso to subsection (4), the words “, or as the case may be the Board,”. In section 71, in subsection (1), the words “or water development board”; in subsection (5), the words “or board” and, where they secondly occur, “or boards”; and in subsection (6) the words “or boards”. In section 72(2), the words “and water development board”. In section 73, in subsection (1), the words “or water development board” and “or board”; and in each of subsections (2) and (3), the words “or board” wherever they occur. In section 76, in subsection (1), the words “or water development board” and “or board”; in subsection (2), the words “or water development board” and (wherever they occur, both in the subsection and in its proviso) “or board”; in subsection (3), the words “or water development board”, “or their area” and “or board”; and in the proviso to subsection (3), the words “or board” and “or the area of that board”. In section 76H(8), the words from “; and section 65” to the end. In section 76L(1), the definitions of “local authority” and “wholesome”. Sections 80 to 92.. In section 103, the words “or water development board” in both places where they occur. In section 107, in subsection (1)(b), the words “or a water development board” and “or board”; and in subsection (5), the words “or a water development board”. In section 109, in subsection (1), the definitions of “the 1992 Act”, “apportionment scheme”, “apportionment note”, “Central Board”, “constituent water authority”, “contributing authority”, “council water charge”, “net annual value” and “part residential subjects” and in the definition of “owner”, the words “, save in sections 64 to 67,”; and in subsection (3), the words “and water development board”. In Schedule 1, in paragraph 3, the words “and the area of the water development board”; in paragraph 11, the words “where the river purification authority are not the same authority as the water authority”; in paragraph 12, the words “and the area of the board”; in paragraph 13, the words “not exceeding 10 pence”; in paragraph 14, the words “or board”; in paragraph 17, the words “or board” and “or boards”; in paragraph 19, the words “or water development board” in both places where they occur and “or area”; in paragraph 20, the words “or water development board”; in paragraph 23, the words “or board” and “or boards”; in each of paragraphs 24, 26 and 27, the words “or water development board”; in paragraph 30, the words “or water development board” and “or board”; and in paragraph 31, the words “or board” in both places where they occur. In Schedule 2, in each of paragraphs 4 and 6, the words “or water development board” wherever they occur. In Schedule 3, in paragraph 1, the words “and water development board”, “within their limits of supply or area” and from “and outside” to “removing mains” where they secondly occur; in paragraph 2(2), the words “or board” in both places where they occur; in paragraph 4(1), the words “within their limits of supply” and “within the said limits”; in paragraph 5, the words “within the limits of supply”; and paragraph 8. Schedules 7 and 8. In Schedule 10, Part II in so far as relating to the Local Government (Scotland) Act 1973. 1980 c. 65. The Local Government, Planning and Land Act 1980. In section 8(1)(b), the words “(ii) a water authority; or”. In section 20, in subsection (1), in the definition of “development body”, sub-paragraph (i) of paragraph (b); and subsection (2A). In section 87(2), the word “(a)” and paragraph (b). In section 148(2), the words “exercising district planning functions”. In Schedule 32, in paragraph 33, in sub-paragraph (2), head (a), sub-paragraph (3) and, in sub-paragraph (4), the definitions of “private garage”, “private storage premises” and “rates”. 1981 c. 23. The Local Government (Miscellaneous Provisions) (Scotland) Act 1981. Section 6. Section 11. Section 27. In Schedule 2, paragraphs 41 and 42. In Schedule 3, paragraphs 24, 26, 28, 36 and 38. 1982 c.16. The Civil Aviation Act 1982. In section 30, in subsection (1), the words “, other than a district council in Scotland,” and the words from “and a” to “above” and, in subsection (2), the words “, other than a district council in Scotland,” and, in section 88(10), the words “, other than a district council in Scotland,”. 1982 c. 41. The Stock Transfer Act 1982. Section 5(2). 1982 c. 43. The Local Government and Planning (Scotland) Act 1982. Section 4. Sections 6 and 7. In section 14(2), the words “regional or islands council as”. In section 27(4), the words from “Without” to “Act”. Sections 33 and 34. In section 50, paragraph (c). Section 56. In Schedule 1, Part I. In Schedule 3, paragraph 16. 1982 c. 45. The Civic Government (Scotland) Act 1982. Section 87(6). Section 89(10). In section 121, in subsection (6), the words from “and of” to “that proposal” and, in subsection (7), the words from “but the” to “ his consent” and the word “nevertheless”. In section 122(2)(b), sub-paragraph (iii) and the word “and” immediately preceding it. 1983 c. 2. The Representation of the People Act 1983. In section 18, in subsection (5), the words “any interested authority or”, “(or in Scotland, the returning officer)”, “or returning officer” in both places where they occur and, in the definition of “interested authority”, sub-paragraph (iii) and, in subsection (6), the words “or returning officer”. Section 25(3). In Section 31(2), the words from “and for” to “polling district”, where it secondly occurs. In section 204(1), in the definition of “electoral area”, the words “division or”. 1984 c. 27. The Road Traffic Regulation Act 1984. In section 26(4), paragraph (b) and the word “and” immediately preceding it. In section 26(5), paragraph (b) and the word “or” immediately preceding it and the words “or, in Scotland, the district council,”. 1984 c. 31. The Rating and Valuation (Amendment) (Scotland) Act 1984. Sections 6 and 7. In Schedule 2, paragraph 7. 1984 c. 54. The Roads (Scotland) Act 1984. In section 4(1), the words “or, in relation to cleansing, with a district council,” and the words “or council”. In section 95(2), the words “or by the district council”. In Schedule 9, paragraphs 27(3)(a) and 64(5)(c). 1985 c. 63. The Water (Fluoridation) Act 1985. Section 3. In section 4, in subsection (6), the words “or to terminate a preserved scheme”; and in subsection (7), the words “or terminate a preserved scheme”. 1985 c. 69. The Housing Associations Act 1985. In section 59, in subsections (1) and (2), the words “or regional council”, wherever they appear. 1986 c. 33. The Disabled Persons (Services, Consultation and Representation) Act 1986. In section 16, in the definition of “local authority”, in paragraph (b), the words “, as read with section 2,”. 1987 c. 26. The Housing (Scotland) Act 1987. In section 61(11)(a), the words “council or”, where first occurring. In section 212(4)(e), the words “or a water development board”. Section 235. In Schedule 15, in paragraph 2(1), head (f). In Schedule 23, paragraph 23. 1988 c. 9. The Local Government Act 1988. In section 1, in subsection (1), the words “and (k) a water development board in Scotland,”; and in subsection (3), the words “and (b) “water development board” has the same meaning as in section 109(1) of the Water (Scotland) Act 1980”. In Schedule 2, the words “A water development board in Scotland” and “, and (b) “water development board” has the same meaning as in section 109(1) of the Water (Scotland) Act 1980”. In Schedule 6, in paragraph 11, the words from “and”, where it first occurs, to the end. 1988 c. 41. The Local Government Finance Act 1988. Section 128. In Part II of Schedule 12, paragraph 6. 1988 c. 43. The Housing (Scotland) Act 1988. In section 55(1), the word “and” where it occurs immediately after the definition of “tenancy”. In section 57(1), the word “neither” and the words from “nor” to “council”, where thirdly occurring. 1988 c. 47. The School Boards (Scotland) Act 1988. In section 22, in subsection (2), the definitions of “islands councillor” and “regional councillor”. In Schedule 2, in paragraph 5, the words “Schedule 10 to” and “and Schedule 10 to”. 1989 c. 15. The Water Act 1989. In Schedule 25, paragraphs 22 and 60(2). 1989 c. 29. The Electricity Act 1989. In Schedule 5, in paragraph 8(a), the words “; and (iii) the water development board”; in paragraph 9, the words “and the water development board”; and in paragraph 14, the words “,or the area of any water development board,”. 1989 c. 42. The Local Government and Housing Act 1989. In section 2(6)(a), the words “or director of education” and the words from “or section” to “1980”. In section 4(5), the words “, or Schedule 10 or 20 to,”. In section 5(5), the words “, or Schedule 10 or 20 to,”. In section 9(8)(b), the words “, or Schedule 10 or 20 to,”. In section 14, subsections (2) and (3) and, in subsection (8), paragraphs (b), (c) and (d). In section 155(5), the letter “(d)”. In Schedule 1, in paragraph 4, in sub-paragraph (1), in the definition of “ordinary committee”, in paragraph (b), the words from “the authority’s” to “or” and, in sub-paragraph (2), the definition of “social work committee” and the word “and” immediately preceding it. In Schedule 6, paragraphs 7 and 16 to 19. In Schedule 11, paragraph 43. 1989 c. 45. The Prisons (Scotland) Act 1989. In section 14(2), the words “region or islands”, where secondly occurring and, in section 16(2), the words “district or islands”, in both places where they occur. 1990 c. 43. The Environmental Protection Act 1990. In section 36, in subsection (6), the words “(other than an islands council)”, paragraph (a)(iii) and, in paragraph (b), the words “or the general planning authority” and, in subsection (10), the words “or general planning authority” and “or the general planning authority”. In section 39(8), the words “(not being an islands council)” and, in paragraph (b), the words “or the general planning authority”. In section 50(5)(a), sub-paragraph (iv). In section 53, in subsection (4), the words “(other than an islands council)”. In section 54(4)(c), the words “or the general planning authority”. In section 88(9), in paragraph (a), the words “, a regional council” and, in paragraph (b), the words “, regional council”. In section 90(3), the words “, regional council”. In section 92(1), the words “, regional council”. In section 93(1), the words “, regional council”. In section 95(1), the words “, regional council”. 1991 c. 22. The New Roads and Street Works Act 1991. In section 153, in subsection (1), the words “or district council” and “or council” and, in subsection (3), the words “or council”. 1991 c. 28. The Natural Heritage (Scotland) Act 1991. In section 22(1), in the definition of “compensation water”, the words “or water development board”. In section 24, in each of subsections (1)(a) and (9)(a), the words “or board”. In Schedule 7, in paragraph 5, in sub-paragraph (1), the words “or a water development board” and (in head (a)) “or board”, in sub-paragraph (2), the words “or water development board” and in sub-paragraph (3), the words “or water development board” and “or board”; in paragraph 6, the words from “, including” to the end; and in paragraph 7, the words “or a water development board”. In Schedule 8, in paragraph 1, in sub-paragraph (3), in the second column of the Table, in paragraph (a) of the entry relating to “All Orders”, the words “or water development board (not being the applicant)”. 1991 c. 34. The Planning and Compensation Act 1991. In Schedule 13, paragraph 44. 1992 c. 4. The Social Security Contributions and Benefits Act 1992. In section 137(1), the definition of “levying authority”. 1992 c. 5. The Social Security Administration Act 1992. In section 15A(3)(d), the words “, islands council”. In section 191, the definition of “levying authority”. 1992 c. 14. The Local Government Finance Act 1992. In section 74(1), the words “regional, islands or district”. In section 84, in subsection (1), the words “regional and islands” and, in subsection (2)(a), the words “regional or islands”. In section 85, subsection (2), in subsections (3) and (5) the words “regional or islands” and, in subsection (4), the words “(a)” and “and” and paragraph (b). In section 86, in subsection (4) the words “region or islands” and, in subsections (10) and (11), the words “regional or islands”. In section 87(9)(a), the words “regional or islands”. In section 90(3)(a), the words “regional, islands or district”. In section 93(1)(a) the words “regional, islands or district” and “as appropriate”. In section 94(9) the word “regional” and the words from “and may recover” to the end. Section 95. Section 97(2). In section 99, in subsection (1), the definitions of “the 1968 Act”, “council water charge”, “levying authority”, “public sewage treatment works”, “public sewer” and “water authority” and in the definition of “housing body”, paragraph (a); and in subsection (2), paragraphs (a)(ii) and (iii), (c) and (d). Section 107(1). Section 112(2)(d). In Schedule 2, in paragraph 8(5)(b), the words “or, where the authority is a regional council, each amount set under section 93 of this Act” and, in paragraph 12(2), sub-sub-paragraph (b) and, in sub-sub-paragraphs (e) and (f), the word “levying”; and paragraph 19(7)(b). In Schedule 7, paragraph 1(6). In Schedule 8, in paragraph 3(2) the words “or council water charge”; and in paragraph 4(2) the words “or council water charge”. In Schedule 9, paragraphs 9(c) and 25(d). In Schedule 11, Parts I to III; and in Part IV, paragraphs 31 to 34, 36, 37 and 38(a) to (c) and (e). In Schedule 13, paragraphs 37, 44(a),(b) and (d), 75 and 93 1993 c. 43. The Railways Act 1993. In section 151(1), in the definition of “local authority”, the words “regional council, islands council”.
The Commissioner shall be appointed by the Secretary of State on such terms and conditions as he may determine. Those terms and conditions may include arrangements for the payment of pensions, allowances or gratuities to, or in respect of, persons who have ceased to hold office as Commissioner.
The Commissioner may, with the consent of the Secretary of State as to numbers, terms and conditions, appoint staff. The Commissioner may make arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of staff of the Commissioner and may, in particular— Arrangements under sub-paragraph (2) are subject to the approval of the Secretary of State.
The Commissioner and his staff are not to be regarded as servants or agents of the Crown and do not have any status, immunity or privilege of the Crown.
The Commissioner shall for each financial year prepare an account of his expenditure and receipts in accordance with directions issued by the Scottish Ministers and shall send the account to the Scottish Ministers by such time as they may direct. The Scottish Ministers shall send the account to the Auditor General for Scotland for auditing.
Each Consultative Committee shall consist of— The Commissioner shall, in accordance with those procedures, appoint one of the other members to be its deputy chairman.
The deputy chairman and the ordinary members of a Consultative Committee shall be entitled to travelling and other allowances, to be paid by the Commissioner in accordance with arrangements determined by the Secretary of State, in respect of expenses properly incurred in the performance of their duties.
The proceedings of a Consultative Committee shall be conducted in accordance with arrangements determined by the Commissioner and approved by the Secretary of State.