Statement by Legal Information Centre for Human Rights
In section 5 of the Local Government (Scotland) Act 1966 (which among other things provides that an element of rate support grant payable to a local authority may be reduced where the Secretary of State is satisfied that the total estimated expenses of the authority are excessive and unreasonable)—
in subsection (1)—
for the word “If”, where it occurs for the first time, there shall be substituted the words “Subject to subsections (1A)(b) and (3) below, if ” ; and
the words “; and if the report is approved by a resolution of the Commons House of Parliament the Secretary of State may reduce the element of the grant accordingly” shall cease to have effect ;
at the end of subsection (1A) there shall be added the words “; and different such categories may be left out of account according to whether the proposed reduction under this section is of a rate or of the amount of an element of rate support grant. ” ; and
after subsection (2) there shall be inserted the following subsections—.
A local authority who determine, or are deemed to have determined, or anticipate that they will be required to determine, a rate under section 5 (4)(b) of the Local Government (Scotland) Act 1966 shall neither wholly nor partially offset the difference between that rate and the rate determined by them under section 108 of the 1973 Act with sums advanced from their loans fund: Provided that such offsetting may nevertheless be permitted by the Secretary of State in any case on such terms and conditions as he considers appropriate.
If the Secretary of State is of the opinion that subsection (1) above, or any term or condition imposed under the proviso thereto, has been contravened the local authority shall, on such opinion being intimated to them, reimburse their loans fund forthwith or within such time as the Secretary of State may allow.
In subsections (1) and (2) above, "loans fund" means the loans fund established under Schedule 3 to the Local Government (Scotland) Act 1975.
For subsection (1) of section 4 of the Local Government (Scotland) Act 1966 (which among other things empowers the Secretary of State to increase the amount fixed by a rate support grant order if he is satisfied that the relevant expenditure of local authorities has been, or is likely to be, substantially increased by an increase in prices, costs or remuneration) there shall be substituted the following subsection—.
For the purpose of exempting from, or including in, any assessment or rate a class or classes of machinery, machines or plant, the Secretary of State may, in the definition of " lands and heritages " in section 42 of the Lands Valuation (Scotland) Act 1854, amend by order that proviso which relates to the construction of the expression " machinery fixed or attached"; and without prejudice to the generality of the foregoing provisions of this subsection, such amendment may be as regards—
any plant fixed or attached to the lands and heritages; and
any building which is an integral part of such plant.
An order under subsection (1) above shall have no effect until approved by resolution of each House of Parliament.
In section 4 of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (which provides for reduction and remission of rates payable by charitable and other organisations)—
in subsection (2)—
after paragraph (b) there shall be inserted the words—; or ;
after the words “described in” there shall be inserted the word “—(i) ” ; and
after the words “one-half” there shall be inserted the following sub-paragraph— ;
in subsection (5)(a), for the words “or (b)” there shall be substituted the words “(b) or (c) ” ; and
at the end there shall be added the following subsection—.
Where the Secretary of State has power under paragraph (c) of section 4(2) of the said Act of 1962 (the which paragraph is inserted by subsection (1) above) to specify a category of lands and heritages he may instead or in addition prescribe a method whereby the values of, or of certain of, those lands and heritages are, for the purpose of making up any valuation roll, to be ascertained.
Prescription under subsection (2) above shall be by order made by statutory instrument; and such order shall have no effect until approved by resolution of each House of Parliament.
in subsection (2), after the word "that", where it occurs for the first time, there shall be inserted the words " , subject to subsection (3A) below, "; and
after subsection (3) there shall be inserted the following subsection—
Every local authority (a) shall have power and shall be deemed always to have had power to enter into arrangements with . . . the Secretary of State under the provisions of the Employment and Training Act 1973. and
shall have power to take part in any arrangements made in pursuance of section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (which relates to arrangements made by Scottish Enterprise and by Highlands and Islands Enterprise for persons to train for employment etc.).
Part II of Schedule 1 to this Act (amendment of certain enactments relating to the countryside) shall continue to have effect.
As regards the Local Government (Development and Finance) (Scotland) Act 1964 and the Countryside (Scotland) Act 1967, the functions described in the sections thereof mentioned in the first column of Part I of Schedule 1 to this Act, being functions presently carried out by the bodies mentioned in the second column, shall, subject to subsection (3) below, henceforth only be carried out by the bodies mentioned in the third column.
In consequence of the re-allocation of functions which is provided for in subsection (1) above the said Acts of 1964 and 1967 shall have effect subject to the amendments mentioned in Part II of the said Schedule.
Notwithstanding the said re-allocation of responsibilities, regional councils and regional planning authorities may, so far as appears to them to be expedient for the purpose of exercising their functions under sections 40 (functions as regards longdistance routes), 48 (functions as regards country parks), 48A (functions as regards regional parks), 49A (functions as regards management agreements concerning the countryside), 61 and 63 (functions as regards the recreational use of waterways) of the said Act of 1967, exercise any function conferred on any other local authority or planning authority either by that Act or by the said Act of 1964.
In section 21 (1) of the National Parks and Access to the Countryside Act 1949 (which relates to the establishment of nature reserves), for the words “a regional, islands or district council” there shall be substituted the words “a general or district planning authority ”.
In section 90 of the 1973 Act (which among other things empowers a local authority to encourage tourism in their area)—
in subsection (1)—
for the words “A local authority” there shall be substituted the words “An islands or district council ” ;
in paragraph (a) after the word “otherwise” there shall be inserted the words “(and whether inside or outside the United Kingdom) ” ; and
: Provided that any power under this subsection to do anything outside the United Kingdom shall be exercisable only with the express or general consent of the Secretary of State or with the express consent of such body as he may direct the islands or district council to consult.
for subsection (2) there shall be substituted the following subsections—.
After the said section 90 there shall be inserted the following section—.
In section 34(1) of the Transport Act 1968 (which empowers regional, islands or district councils to afford financial assistance for rural bus services), for the words “, islands or district” there shall be substituted the words “or islands ”.
In section 24 of the Caravan Sites and Control of Development Act 1960 (which empowers local authorities to provide sites for caravans), for subsection (8) there shall be substituted the following subsections—.
For subsection (2) of section 182 of the 1973 Act (which assigns to local authorities functions under Part I of the said Act of 1960), there shall be substituted the following subsection—.
Subject to subsection (2) below and to section 19 of this Act, a local authority shall ensure that there is adequate provision of facilities for the inhabitants of their area for recreational, sporting, cultural and social activities.
Without prejudice to section 63 of the Countryside (Scotland) Act 1967 (which empowers water authorities to provide recreational facilities), in relation to the provision of facilities for the recreational or sporting use of— which is managed and operated by Scottish Water, no duty is imposed by subsection (1) above and no power conferred by sections 15 to 18 of this Act.
a reservoir (within the meaning of the Reservoirs (Scotland) Act 2011 (asp 9) but irrespective of the volume of water held in the reservoir); or
an inland waterway (within the meaning of the said Act of 1967) or any part of such waterway,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The provisions of this section and of the following section are without prejudice to the duty imposed by subsection (1) of section 14 of this Act and are subject to subsection (2) of that section and to section 19 of this Act.
A local authority may provide or do, or arrange for the provision of or doing of, or contribute towards the expenses of providing or doing, anything necessary or expedient for the purpose of ensuring that there are available, whether inside or outside their area, such facilities for recreational, sporting, cultural or social activities as they consider appropriate.
Without prejudice to the generality of their powers under section 15 of this Act, a local authority may, for the purposes of their functions under subsection (2) of that section—
provide entertainment of any kind;
maintain a body for the promotion of a recreational, sporting, cultural or social activity;
a band, orchestra or theatrical company ; or
any other body for the promotion of a recreational, sporting, cultural or social activity;
permit any facility provided by the authority under the said section 15 to be run by another person on such conditions (including conditions as to the charges if any)—
to be imposed on the person in respect of the rights thereby enjoyed by him; or
which may be imposed by the person on members of the public for admission to, or use or enjoyment of, that facility, as the authority think fit;
use for the purposes of an entertainment provided, or a recreational, sporting, cultural or social activity provided or promoted, by them any facility (or any part thereof) provided by them under the said section 15;
charge for admission to any facility provided by them under the said section 15 or for admission to or participation in, and for any programme supplied at or in connection with, any such entertainment or activity as is mentioned in paragraph (d) above;
accept the right to manage and control a park devoted or partly devoted to public use from the owner of that park or from any other person entitled to transmit that right;
enter into an agreement with the owner of any park or with any other person whereby—
access to the park for the public is obtained or enhanced; or
provision is made for management and control of the park by the authority;
let as a shop, stall or restaurant a building in a park under their management and control;
set apart some of any such park for any purpose which they consider appropriate having regard to their functions under the foregoing provisions of this section and under the said section 15;
do anything necessary to defend a public right in any park; or
conduct, either by themselves or in collaboration with a voluntary organisation or other person, a competition in connection with a sporting or recreational activity; and with regard to that competition—
paragraph (e) above shall apply as it applies to any such entertainment or activity as is mentioned in paragraph (d) above; and
the authority may provide trophies and prizes.
Without prejudice to the generality of their powers under section 15 of this Act, a local authority may contribute—
by way of grant or loan towards expenses incurred, or to be incurred, as regards recreational, sporting, cultural or social facilities or activities by a voluntary organisation or other person, not being a local authority, in providing or maintaining such facilities (or, as the case may be, in providing or promoting such activities) if the authority have powers themselves, under the said section 15 or under the foregoing provisions of this section, to provide such facilities or activities;
by way of grant towards expenses incurred, or to be incurred, by another local authority in providing or maintaining any such facility or in providing or promoting any such activity;
by way of grant towards expenses incurred, or to be incurred, by a harbour authority (within the meaning of the Harbours Act 1964) in providing, maintaining, managing or improving a harbour which is used (or is to be used) wholly or partly for sporting or recreational purposes; or
towards the cost of maintaining a park owned by another person and to which the public are afforded access for recreation.
A local authority may contribute by way of grant or loan towards the expenses of any organisation or body which, in the opinion of the authority, provides or promotes the provision of cultural activities or facilities whether inside or outside the area of the local authority concerned.
by way of grant towards expenses incurred, or to be incurred, by a district council; or
by way of grant or loan towards expenses incurred, or to be incurred, by a voluntary organisation or other person, not being a local authority,
Without prejudice to the generality of subsection (1) above, the power conferred by that subsection includes power to make such contribution as will support or promote music, theatre, dance, opera, visual art or other art forms and museums and galleries.
Subject to subsection (3) below, a local authority may make byelaws— any such facility in the area of the authority as is mentioned in section 15 and 16 of this Act.
for the regulation and preservation of; and
as regards the conduct of persons using,
Byelaws made under subsection (1) above may provide that—
a person contravening certain provisions of the byelaws commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale;
a person required to leave the facility by a person who is an officer of, and appropriately empowered by, the local authority commits an offence, and is liable on summary conviction to a fine not exceeding level 2 on the standard scale, if the requirement is not complied with; and
a person who appears to be committing or to have committed an offence under the byelaws may be removed from the facility by such officer as is mentioned in paragraph (b) above or by a constable.
Subject to subsection (4) below, where byelaws made under subsection (1) above by a local authority would relate— which the authority neither own nor manage and control, the agreement of the owner of, and of any person having an interest in, such facility, land or premises shall be obtained before the byelaws are so made.
to a facility; or
to land or premises,
Where any agreement required by subsection (3) above cannot be obtained because the owner or person is unknown, cannot be found or fails to respond in any way to a request for such agreement the council may nevertheless proceed to make the byelaws if they have advertised, in a newspaper circulating in the area in which the facility or land is, or the premises are, situated, that they propose to make them and if no objection to that proposal has been forthcoming from the owner or person within one month of such advertisement.
In sections 14 to 18 of this Act—
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994
a function of a local authority (that authority being in this section referred to as the first local authority) ceases to be a function of that authority and becomes instead one of a different local authority (in this section referred to as the second local authority) ; or
the powers and duties of the two local authorities are re-allocated so that the second local authority come to have the principal responsibility (within their own area) for that function,
“park” includes a pleasure ground, public open space and public walk; and
" voluntary organisation " means any person carrying on, or proposing to carry on, an undertaking otherwise than for profit.
“voluntary organisation” means any person carrying on, or proposing to carry on, an undertaking otherwise than for profit.
Nothing in this section or in sections 14 to 18 of this Act authorises a local authority to contravene any covenant or condition subject to which a gift or lease of any lands or premises has been accepted by, or made to, them unless consent to such contravention has been obtained from the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.
This section and sections 14 to 18 of this Act are without prejudice to any enactment—
relating to licensing or regulation of any matter referred to in any of those sections; or
whereby a facility is open to the public free of charge.
In section 154 of the 1973 Act (which transfers rights, functions and liabilities in relation to harbours etc. to regional and islands councils)—
in subsection (1), at the beginning there shall be inserted the words “Subject to subsection (3A) below, ” ; and
after subsection (3) there shall be inserted the following subsections—.
In the Agriculture Act 1970—
in section 92 (which empowers regional and islands councils to provide flood warning systems)—
A river purification board or an islands council may provide and operate a flood warning system for their area and may, both within, and (in the case of a river purification board) outwith, that area, provide, install and maintain apparatus and carry out any engineering or building operations required for the purposes of any such system: Provided that— before the exercise by a river purification board of any of the powers conferred on them by the foregoing provisions of this subsection (other than the power to maintain apparatus) that board shall consult each local authority within whose area the power is to be exercised ; before such exercise by a river purification board or by an islands council that board or council shall, as regards such police duties as arise under section 17(1)(a)(ii) and (iii) of the Police (Scotland) Act 1967 (general duties of guarding, patrolling and watching so as to preserve order and protect life and property) in relation to any danger of flooding, consult the chief constable of each region (or as the case may be of the islands area) within which the power is to be exercised ;
in subsection (2), for paragraph (b) there shall be substituted the following paragraphs— ;
in section 94 (which makes provision for co-operation with other persons as regards apparatus for the purposes of such systems), for the words “local authority” in each of the three places where they occur there shall be substituted the words “river purification board or islands council ” ;
sections 95 (which relates to the compulsory purchase of land required for the exercise of functions relating to the provision of such systems) and 96 (which confers powers of entry in relation to such exercise) shall cease to have effect ; and
in section 98 (which makes provision as regards the extent of so much of the Act as relates to flood warning systems in Scotland), for the words “local authority” there shall be substituted the words “river purification board ”.
Regional councils shall cease to have powers and duties under or by virtue of the Food and Drugs (Scotland) Act 1956 except that they shall retain such powers and duties as are mentioned in section 27 of that Act (which relates among other things to the appointment of public analysts); and accordingly in the said Act—
in section 26 (which specifies, or makes provision for the specification of, administrative authorities for the purposes of the Act)—
in subsection (3) the words “regional councils” shall cease to have effect;
in subsection (4), for the words “a regional,” there shall be substituted the word “and ”;
after section 27 there shall be inserted the following section—; and
in the proviso to subsection (3) of section 29 (the which proviso empowers an analyst to demand a fee in advance from certain persons), after the word “may” where it first occurs, there shall be inserted the words “, except in a case where the fee falls to be fixed under section 27A of this Act, ”
In section 55 of the 1973 Act (which empowers a regional, islands or district council to contribute towards the expenses etc. of a community council in their area), the word “Regional,” shall cease to have effect.
A local authority may provide, or arrange for the provision of, gardening assistance for persons who require such assistance by reason of physical disability, chronic illness or old age.
Section 211(1)(b) of the Housing (Scotland) Act 1987 (which requires a local authority to charge for services provided by them under the terms of the tenancy of a house) shall not apply in relation to assistance provided under subsection (1) above; but the local authority shall recover from any person availing himself of that assistance such charges as appear to them to be reasonable (unless the person’s circumstances are such as to render any charge inappropriate).
Without prejudice to the validity of any determination that may be made or instruction that may be given, for the purposes of an unpaid work or other activity requirement imposed in a community payback order under section 227A of the Criminal Procedure (Scotland) Act 1995 (c.46), by the responsible officer in relation to the order, a local authority shall not provide, or arrange for the provision of, such assistance as is mentioned in subsection (1) above except in accordance with, and in so far as empowered by, the foregoing provisions of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local authority may, with the consent of each person who has an interest in or is the occupier of any relevant land in their area, arrange for the cleansing of the land and may enter into an agreement with any such person for the payment by him of charges in respect of the cleansing.
In subsection (2) above “cleansing” means such cleansing as appears to the local authority to be necessary in the interests of public health or safety or of the amenities of their area but does not include operations for the removal of snow or ice and “relevant land” means any land, in the open air, to which members of the public have access and which is not comprehended in a public road within the meaning of the Roads (Scotland) Act 1984.
any road maintained by a highway authority and over which there is a public right of passage for vehicles ; or,
any paved, macadamised, asphalted, flagged, cobbled or similarly surfaced way over which there is a public right of passage on foot only and which is maintained by the islands or district council or by a regional council;
A local authority may provide, equip and maintain fixed or moveable public conveniences in such places as appear to them to be suitable and may make such reasonable charges as they may determine for the use of such conveniences.
In subsection (1) above “conveniences” means water-closets, or urinals, and washing facilities for use in connection therewith.
A local authority may establish and hold a market, may provide market buildings and may—
provide in any such market or market buildings—
stalls or stands;
warehouses, offices, shops or stores; and
premises for supplying food and refreshments (including alcohol, within the meaning given by section 2 of the Licensing (Scotland) Act 2005);
impose—
such conditions for the use of the market or market buildings by stallholders or other persons as the authority consider appropriate; and
such charges in relation to such use or for entrance to the market or market buildings as will be sufficient to meet the expenses of the authority in carrying out their functions under this section;
make byelaws regulating the market, the activities of persons selling goods therein and the behaviour of the public while therein; and
do such other things as they consider expedient for the purposes of the market.
Byelaws made under subsection (1)(c) above may provide that a person contravening certain provisions of the byelaws commits an offence and is liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
A local authority may—
discontinue the whole, or any part, of a market established under subsection (1) above by them; and
grant exemption from a condition imposed under subsection (1)(b)(i) above, charge imposed under subsection (1)(b)(ii) above or byelaw made under subsection (1)(c) above.
. . ., nothing in the foregoing provisions of this section affects any existing right of a local authority to establish or regulate a market or to fix a market place.
In the foregoing provisions of this section the expression “market” shall be construed generally and not as limited to a place where a market is held by virtue of a grant from the Crown or of prescription or under statutory authority.
A local authority—
may provide a clock for public purposes and may maintain, illuminate or remove such clock; and
where a clock is not owned by the authority but is open to public view, may for the purposes of securing its maintenance or illumination enter into an agreement with its owner.
The Secretary of State may by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament repeal or amend, on such date as may be appointed in the order, any local statutory provision in so far as that provision appears to him to be inconsistent with, or to have become unnecessary or to require alteration in consequence of, any provision of this Act.
Different dates may be appointed under subsection (1) above in respect of different local statutory provisions; and any such date may, where the local statutory provision is one to which section 225(6) of the 1973 Act (which prospectively repeals certain such local statutory provisions) applies, be earlier than that on which the local statutory provision would cease, under the said section 225(6), to have effect.
Without prejudice to any existing power which they have in that regard, a local authority may, with the consent of the roads authority, for the use of the public, provide and maintain seats on any footway in their area; and they may maintain any such seats donated to them.
In subsection (1) above, “footway” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984.
In section 170 of the 1973 Act (which designates regional, islands and district councils as local authorities for the purposes of the War Memorials (Local Authorities’ Powers) Act 1923) for the words “local authority within the meaning of this Act” there shall be substituted the words “islands or district council ”.
For section 56(2) of the 1973 Act (which permits a committee of a local authority to arrange for a sub-committee or an officer of the authority to discharge functions of the authority) there shall be substituted the following subsection—.
Where, in the period immediately before the coming into force of a provision of this Act, an officer of a local authority (that authority being in this section referred to as the first local authority) is wholly or mainly employed in duties pertaining, irrespective of how his office or employment is formally described, to a specific function of the authority but under or by virtue of that provision either— the officer shall be transferred into the employment of the second local authority: Provided that, as regards any transfer in respect of which the first local authority is a regional council and the second local authority might be any of the district councils in the region, the authority which is to be the second local authority shall be determined jointly by the regional council and district councils; but they shall take into consideration any preference expressed by the officer concerned.
the function ceases to be a function of the first local authority and becomes instead one of a different local authority (in this section referred to as the second local authority); or
the powers and duties of the two local authorities as regards the function are re-allocated so that the second local authority come to have the principal responsibility (within their own area) for that function,
The Secretary of State shall under this subsection issue a code of recommended practice as to transfers under subsection (1) above; and a local authority shall, as regards each such transfer, conform to that code unless, or in so far as, the officer, they and the first (or as the case may be the second) local authority all agree otherwise.
Before issuing a code under subsection (2) above, the Secretary of State shall consult—
any association of local authorities which appears to him to represent the interests of local authorities in Scotland ; and
any body which appears to him both to represent the interests of officers of local authorities in Scotland and to be a body with whom consultation is desirable.
A dispute between or among local authorities as regards when or whether a transfer falls to take place under subsection (1) above, as to which of two or more district councils are to be the second local authority in relation to any such transfer, or as to any other matter concerning any such transfer, shall be resolved by arbitration under this subsection.
Except in so far as is manifest from the foregoing provisions of this section, nothing in those provisions or in any code issued under subsection (2) above shall affect any legal right or entitlement of an officer of a local authority.
In the foregoing provisions of this section " local authority " includes a river purification board established under section 135 of the 1973 Act.
then, subject to any such agreement as is provided for in subsection (2) below and to subsection (6) below— shall forthwith transfer to, and shall vest in, the second local authority or (in the case of property held in trust by councillors or officers of the first local authority) to and in councillors, or officers, nominated by the second local authority: Provided that, as regards any transfer in respect of which the first local authority is a regional council and the second local authority might be any of the district councils in the region, the authority which is to be the second local authority shall be determined jointly by the regional council and district councils; and any agreement such as is mentioned in the foregoing provisions of this subsection shall, where it relates to a transfer such as is mentioned in the foregoing provisions of this proviso, or where such transfer would take place but for the agreement, require to be between the regional council and all the district councils in the region: Provided also that in the case of the property mentioned in sub-paragraph (i) above transfer and vesting shall be without prejudice to the conditions of any such lease as is referred to in that sub-paragraph and in the case of the property mentioned in sub-paragraph (ii) above shall be subject to the trust referred to in the said sub-paragraph (ii).
any property (not being property held in trust) of the first local authority which is wholly or mainly used, or held, by that authority in relation to the discharge of that function (whether or not it is leased by them to a third party);
any property held in trust by (or by councillors or officers of) the first local authority for purposes wholly or mainly related to that function ; and
any right to nominate trustees which is enjoyed by the first local authority in respect of property held in trust (other than such property as is mentioned in sub-paragraph (ii) above) and which is wholly or mainly attributable to their having the function, or the principal responsibility therefor,
Subject to the first proviso to subsection (1) above, if or in so far as the first and the second local authority both agree that- that subsection shall have no effect as regards the property, or as the case may be the right; but even where there is such agreement as is mentioned in paragraph (a) above, any use or holding by the first local authority of the property to which the agreement relates shall no longer be in relation to such discharge as is mentioned in the said sub-paragraph (i).
property shall not be transferred by sub-paragraph (i) of that subsection; or
a right shall not be transferred by sub-paragraph (iii) thereof,
The Secretary of State may under this subsection issue a code of recommended practice as to transfers under subsection (1) above; and a local authority shall, as regards each such transfer, conform to that code unless, or in so far as, the first local authority and the second local authority agree otherwise.
Before issuing a code under subsection (2) above, the Secretary of State shall consult any association of local authorities which appears to him to represent the interests of local authorities in Scotland.
A dispute between or among local authorities as regards whether a transfer falls to take place under subsection (1) above, as to which of two or more district councils are to be the second local authority in relation to any such transfer, or as to any other matter concerning any such transfer shall be resolved by arbitration under this subsection.
In subsections (1) and (2) above " property " means any property, heritable or moveable, which does not constitute or form part of a harbour and it includes all interests, rights and liabilities in or relating to such property ; in the foregoing provisions of this subsection " harbour " means anything mentioned in paragraphs (a) to (d) of section 154(3A) of the 1973 Act; and in the foregoing provisions of this section " local authority " includes a river purification board established under section 135 of the 1973 Act.
In any arbitration under section 33(4) or 34(5) of this Act—
a person agreed upon between the parties, or in default of such agreement appointed on the application of either (or any) of the parties by the Secretary of State, shall be arbiter;
the arbiter shall, in so far as is practicable, have regard to the code of recommended practice issued under section 33(2), or as the case may be 34(3), of this Act;
the decree arbitral shall be final and conclusive; and
the expenses shall be borne jointly by the parties.
In section 7 of the 1972 Act (which relates to the approval or rejection of structure plans by the Secretary of State), for paragraph (b) of subsection (3) there shall be substituted the following paragraph—.
In section 8 of the 1972 Act (which relates to the submission of proposals for alterations to structure plans)—
in subsection (1)—
after the words “that plan” there shall be inserted the words “(which may include proposals for repeal and replacement)” ; and
at the end there shall be added the words “and may provide for the repeal of two or more structure plans and their replacement with one structure plan.” ;
in subsection (2), after the words “sections 6” there shall be inserted the word “(2)” ; and
after subsection (2) there shall be added the following subsections—.
In subsection (1) of section 11 of the 1972 Act (which relates, among other things, to inquiries with respect to local plans)—
after the word “shall”, where it occurs for the first time, there shall be inserted the word “if” ; and
after the word “Act”, where it occurs for the first time, there shall be inserted the words “an objector so requires,”.
In subsection (1) of section 12 of the 1972 Act (which relates to the adoption and approval of local plans), for the words “any such objections or of any matters arising out of such objections” there shall be substituted the words—— .
In section 13 of the 1972 Act (which relates to the alteration of local plans)—
for subsection (1) there shall be substituted the following subsection— ;
in subsection (3), at the beginning there shall be inserted the words “Subject to subsection (4) below” ; and
at the end there shall be added the following subsections—.
For section 23 of the 1972 Act (which relates to the publication of notices of planning applications) there shall be substituted the following section—.
After section 54B of the 1972 Act (which is inserted in that Act by paragraph 16 of Schedule 2 to this Act) there shall be inserted the following section—.
After section 84 of the 1972 Act there shall be inserted the following section—.
After section 87 of the 1972 Act there shall be inserted the following section—.
After section 210 of the 1972 Act there shall be inserted the following section—.
After section 31 of the 1972 Act there shall be inserted the following section—.
In subsection (3) of section 231 of the 1972 Act (which, among other things, relates to appeals against certain decisions of the Secretary of State)—
after paragraph (e) there shall be inserted the following paragraph— ;
in paragraph (f), the words “(1)(a), (f) or (g)” shall cease to have effect ; and
for paragraph (h) there shall be substituted the following paragraph—.
The 1972 Act shall have effect subject to the amendments specified in Schedule 2 to this Act.
In section 7 of the Local Government (Development and Finance) (Scotland) Act 1964 (which empowers a local authority to make an advance for the erection of a building on land sold, feued or let by them)—
for subsection (1) there shall be substituted the following subsection—; and
for subsection (3) there shall be substituted the following subsection—.
In section 83 of the 1973 Act (which gives local authorities power to incur expenditure for certain purposes not otherwise authorised, but limits the expenditure which it authorises)—
the following subsections shall be inserted after subsection (2)— ;
the following subsections shall be inserted after subsection (4)— ; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the Housing (Scotland) Act 1974—
after subsection (1) of section 7 (which requires local authorities to make improvement grants in certain circumstances) there shall be inserted the following subsections—; and
in subsection (5) of section 5 (which relates to the amount of improvement grants) after the words " section 7 thereof " there shall be inserted the words " or in respect of works for the benefit of a disabled occupant (within the meaning: of section 1 of this Act) ".
After section 10A of the Housing (Scotland) Act 1974 there shall be inserted the following section—.
In subsection (1) of section 107 of the Housing (Scotland) Act 1966 at the end there shall be added the words " ; and it shall serve a notice under the foregoing provisions of this subsection if such house is of such description or occupied in such manner as the Secretary of State may, with the consent of the Treasury, specify by order a draft of which has been approved by the Commons House of Parliament. ".
In section 1 of the Tenants' Rights, Etc. (Scotland) Act 1980 (which relates to the rights of a public sector tenant to purchase the house which he occupies) after subsection (1) there shall be inserted the following subsection—.
In section 4 of the said Act of 1980—
in subsection (1), at the beginning, there shall be inserted the words " Subject to section 1(1 A) of this Act "; and
in subsection (3) the words " incurred in connection with the sale of the dwelling-house " shall cease to have effect.
In section 6(5) of the Tenants' Rights, Etc. (Scotland) Act 1980 (which provides for the ranking of a standard security to secure discount)—
in paragraph (a)—
for the word " a " where it first appears there shall be substituted the word " any ";
after the word " loan " there shall be inserted the words either—; and
for the word " and " where it first occurs there shall be substituted the words ; or; and
in paragraph (b) for the word " further " there shall be substituted the word " other ".
In section 7 of the Tenants' Rights, Etc, (Scotland) Act 1980 (which among other things empowers the Lands Tribunal for Scotland to take steps to enable a tenant to exercise his right to purchase a dwelling-house in a case where the landlord has failed to comply with requirements of the Act)—
in subsection (2)—
in paragraph (a) after the word " sell" there shall be inserted the words " (even if only such offer to sell as is mentioned in paragraph (d) below) "; and
after paragraph (c) there shall be inserted the following paragraph—, or; and
for subsection (3) there shall be substituted the following subsection—.
The amendments made by subsection (1) above and by paragraphs 39 and 40 of Schedule 3 to this Act shall have no effect as regards any case where, at the date of coming into operation of this section of this Act, the Lands Tribunal for Scotland has either—
determined, after consideration under subsection (3) of the said section 7, that none of paragraphs (a) to (c) of subsection (2) of that section apply to that case ; or
issued an offer to sell under the said subsection (3).
In section 10 of the Water (Scotland) Act 1980 (which among other things provides that compensation is to be made by a water authority to a person sustaining damage by reason of their exercise of certain statutory powers)—
after subsection (1) there shall be inserted the following subsection— ; and
after subsection (4) there shall be inserted the following subsections—.
In paragraph 7(5) of Schedule 3 to the Water (Scotland) Act 1980 (the which Schedule makes provision among other things as regards the laying of communication and supply pipes)—
the word “either” shall cease to have effect ; and
at the end there shall be added the words—; or .
After section 9 of the Water (Scotland) Act 1980 there shall be added the following section—.
Under the 1973 Act, members of local authorities who are councillors shall, in respect of the performance of approved duties, have the right to decide whether to receive attendance allowance or financial loss allowance; and accordingly—
in subsection (1) of section 45 of that Act (the which subsection relates to entitlement to attendance allowance) after the word “shall” there shall be inserted the words “, (unless a notice under section 45A of this Act is effective in relation to him), ”; and
after the said section 45 there shall be inserted the following section—
In subsection (2) of section 49 of the 1973 Act (the which subsection relates to the interpretation of the expression “approved duty”)—
after the words “45,” there shall be inserted the words “45A, ” ;
in paragraph (a), the words “, or of any of its committees or sub-committees” shall cease to have effect ; and
after paragraph (a) there shall be inserted the following paragraph—.
The Amenity Committee appointed under subsection (2) of section 9 of the Hydro-Electric Development (Scotland) Act 1943 (a subsection which among other things provided that the Secretary of State was to appoint such a committee for the purpose of giving advice and assistance to him and to the Scottish Electricity Boards and which is re-enacted as subsection (2) of section 5 of the Electricity (Scotland) Act 1979) is hereby abolished.
The Staff Commission for Scotland is hereby abolished; and accordingly, in the 1973 Act, section 218 (which relates to the establishment, functions, procedure and expenses of that Commission) shall cease to have effect.
The Property Commission for Scotland is hereby abolished; and accordingly, in the 1973 Act, in section 224 (which relates among other things to the establishment and functions of that Commission) subsections (1) to (4), and in subsection (6) the words “this section and in”, shall cease to have effect.
Notwithstanding the repeal by this Act of any provision, byelaws— shall, where or in so far as like byelaws could be made by, under or by virtue of a provision of this Act, remain in force until the end of 1986 or (if earlier) until expressly revoked.
made by, under or by virtue of the provision; and
in force immediately before the repeal,
The Secretary of State may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or proper— and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
for the general or any particular purposes of this Act or in consequence of any of the provisions of, or for giving full effect to, this Act; or
in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;
Where powers or duties as regards a function are transferred by, under or by virtue of this Act from one body (in this section referred to as the first body) to another (so referred to as the second body)—
any agreement to which the first body is immediately before the transfer a party shall, in so far as it derives from or relates to those powers and duties, have effect as from the transfer as if the second body were a party to the agreement instead of the first body;
any legal, or other, proceedings to which the first body is a party and which are pending immediately before the transfer may, in so far as they derive from or relate to those powers and duties, be continued on or after the transfer (but may only be so continued) as if the second body instead of the first body were that party; and
any writings or actings of or with regard to the first body which although not writings or actings comprehended under paragraph (a) or (b) above have, immediately before the transfer, some legal effect shall, in so far as they derive from or relate to those powers and duties, have such effect as from the transfer as if they had been writings or actings of, or as the case may be with regard to, the second body: Provided that the foregoing provisions of this subsection shall have no effect in respect of criminal, or delictual, liability of either body (or of such liability of their members or officers).
Subsection (2) above may by order made by the Secretary of State be excluded, either wholly or to such extent as he may specify in the order, from applying in any particular case.
Any order under subsection (1) or (3) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments or amendments consequential upon the provisions of this Act.
The enactments specified— are hereby repealed to the extent specified in the third column of that Schedule.
in Part I of Schedule 4 to this Act (which include certain spent enactments) ; and
in Part 11 of that Schedule (which relate to powers of entry),
In this Act, unless the context otherwise requires—
" the 1972 Act" means the Town and Country Planning (Scotland) Act 1972 ; and
"the 1973 Act" means the Local Government (Scotland) Act 1973.
“the1972 Act” means the Town and Country Planning (Scotland) Act 1972; and
“the1973 Act” means the Local Government (Scotland) Act 1973.
There shall be defrayed out of moneys provided by Parliament—
any administrative expenses incurred by any Government department in consequence of the provisions of this Act; and
any increase attributable to this Act in the sums payable out of moneys so provided under any other enactment.
This Act may be cited as the Local Government and Planning (Scotland) Act 1982.
Subject to section 55(2) of this Act, this Act (except this section) shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different provisions of this Act or for different purposes, or for the purposes of the same provision in relation to different cases.
This Act extends to Scotland only.
Section 9
At the end of section 3 (supplementary provisions in relation to the power to develop land) there shall be added the following subsection—.
In section 12 (Countryside Commission to consult with local planning authorities and other bodies on access requirements), in subsection (1) for the words from “with”, where it first occurs, to “planning” there shall be substituted the words “with general and district planning ”.
In section 13(1) (power to make access agreement), for the words from “A” to “planning” there shall be substituted the words “A general or district planning ”.
In section 14(1) (power to make access order) for the words from “the”, where it occurs for the third time, to “planning” there shall be substituted the words “the general or district planning ”.
In section 16(5) (enforceability etc. of access agreement), for the words from “the”, where it occurs for the second time, to “planning”, where it first occurs, there shall be substituted the words “the general or district planning ”.
In section 17(4) (works for giving effect to access agreement), for the words from “the”, where it first occurs, to “planning” there shall be substituted the words “the general or district planning ”.
In section 18(1) (enforcement of access), for the words from “any”, where it occurs for the third time, to “planning” there shall be substituted the words “the general or district planning ”.
In section 20 (compensation for access orders), for the words from “Act” to “planning” there shall be substituted the words “Act the general or district planning ”.
In section 24(1) (acquisition of land for public access), for the words from “a” to “planning”, where it first occurs, there shall be substituted the words “a general or district planning ”.
In each of sections 27(4) (taking of steps to protect public from danger on land which is subject to access agreement etc.), 28 (power to erect and maintain boundary notices as regards land comprised in access agreement etc.), 29 (power of planning authority to contribute to work carried out by other persons as regards land which is subject to access agreement etc.) and 30(1) (creation of public paths by agreement), for the words from “A” to “planning” there shall be substituted the words “A general or district planning ”.
In section 31(1) (compulsory powers for creation of public paths), for the words from “a” to “planning” there shall be substituted the words “a general or district planning ”.
In section 32 (powers of planning authority in relation to a proposed public path lying partly within and partly outwith their area)—
for the words from “a”, where it occurs for the second time, to “planning”, where it first occurs, there shall be substituted the words “a general or district planning ” ; and
for the words from “other” to “planning”, where it occurs for the second time, there shall be substituted the words “other general or district planning ”.
In section 33(1) (making up and maintenance of public paths), for the words from “the”, where it occurs for the third time, to “planning” there shall be substituted the words “the general or district planning ”.
In section 34(1) (closure of public paths), for the words from “a”, where it first occurs, to “planning” there shall be substituted the words “a general or district planning ”.
In section 35 (diversion of public paths)—
in subsection (1), for the words from “the”, where it first occurs, to “planning” there shall be substituted the words “the general or district planning ” ; and
in subsection (4)(b), for the words from “any”, where it occurs for the second time, to “planning” there shall be substituted the words “any general or district planning ”.
In section 38(3) (supplementary provisions as regards public path creation, extinguishment and diversion orders)—
for the words from “one”, where it first occurs, to “planning”, where it first occurs, there shall be substituted the words “one general or district planning ” ; and
after the word “one”, where it occurs for the third time, there shall be inserted the word “such ”.
For subsection (5) of section 49 (interpretation of provisions relating to camping sites) there shall be substituted the following subsection—.
For subsection (3) of section 50 (interpretation of provisions relating to accommodation, meals and refreshments) there shall be substituted the following subsection—.
For subsection (2) of section 51 (power to provide parking places) there shall be substituted the following subsection—.
For subsection (2) of section 52 (exercise of powers under Local Government (Development and Finance) (Scotland) Act 1964) there shall be substituted the following subsections—.
In section 54 (byelaws as respects country parks and local authority land in the countryside)—
in subsection (1), for the words from “a”, where it occurs for the second time, to “planning” there shall be substituted the words “a general or district planning ” ; and
for subsection (5) there shall be substituted the following subsection—.
In section 55(1) (default powers of Secretary of State as to byelaws) for the words from “a”, where it first occurs, to “planning”, where it first occurs, there shall be substituted the words “a general or district planning ”.
In section 56 (byelaws as to pleasure boats), in subsection (1), for the words from “a”, where it first occurs, to “planning” there shall be substituted the words “a general or district planning ”.
In section 65(5) (authorities which may appoint wardens as respects certain land or waterways), for paragraphs (c) and (d) there shall be substituted the following paragraphs-
islands and district councils ;
general and district planning authorities ;
In section 69(3) (powers of planning authority as regards acquisition, appropriation, disposal, etc. of land)—
for the words from “a”, where it first occurs, to “planning”, where it first occurs, there shall be substituted the words “a general or district planning ” ; and
for the words from “a”, where it occurs for the third time, to “planning”, where it occurs for the second time, there shall be substituted the words “a general or district planning ”.
In subsection (1) of section 16 (which makes supplementary provision as regards structure and local plans)—
after the word “alteration,” where it— there shall in each case be inserted the word “modification, ” , and
first occurs ;
occurs in paragraph (b) ; and
occurs in paragraph (c),
after the word “adoption”, where it occurs in paragraph (d), there shall be inserted the word “, modification ”.
In section 22 (which relates to the form and content of applications for planning permission)—
the regulations ; or
the development order ; or
directions given by the planning authority under the said regulations or the said development order.“ ; and
at the end there shall be added the following subsection—
In section 24 (which provides for notification of applications to owners and agricultural tenants)—
in subsection (2B), for the word “granting” there shall be substituted the word “determining ” ;
in subsection (4)—
for the words “or (d)” there shall be substituted the words “, (cc) or (d) or (2C) ” ; and
after the word “publication” there shall be inserted the words “or, as the case may be, posting ” ; and
in subsection (7), for the words “the undertaking” there shall be substituted the words “an undertaking ”.
In section 25 (which relates to publicity for planning applications affecting conservation areas), after subsection (3) there shall be added the following subsection— Where an application for planning permission is dealt with by a regional planning authority by virtue of section 179 of the Local Government (Scotland) Act 1973, subsection (3) above shall apply as if the reference therein to “the planning authority” were a reference to the regional planning authority..
In subsection (2) of section 26 (which relates to the determination of applications) for the words from “the end” to the end there shall be substituted the words “the expiry of any period prescribed under subsection (1)(h) of that section. ”.
In section 28 (which provides for the regulation of the manner in which planning applications are dealt with)— The provisions of paragraphs (d) and (e) of subsection (1) above shall apply in relation to applications for an approval required by a development order as they apply in relation to applications for planning permission. ; and
after paragraph (d) there shall be inserted the following paragraph—
after subsection (1) there shall be added the following subsection—
for requiring the planning authority to give any applicant for any consent, agreement or approval required by a condition imposed on a grant of planning permission notice of their decision on his application, within such time as may be so prescribed ;;
at the end there shall be added the following subsection—.
In subsection (1) of section 29 (which relates to permission to retain buildings or works. or continue use of land)—
“ ; and
the application is for permission to retain the buildings or works, or continue the use of land, without complying with some condition subject to which a previous planning permission was granted.“.
After section 30 there shall be inserted the following section—.
At the end of section 31 (which relates to registers of applications and decisions) there shall be added the following subsection—.
In section 32 (which relates to the reference of applications to the Secretary of State)—
in subsection (1), for the words from “applications” to “order” there shall be substituted the words “any such application as is mentioned in section 23(2) of this Act ” ;
in subsection (4)—
the words “for planning permission”, in both places where they occur, shall cease to have effect ;
for the words “(2) and (7)” there shall be substituted the words “(1)(f) and (h) ” ;
after the word “24”, there shall be inserted the words “(2B), (2C), (2D) and (4) ” ; and
the words “(1) to (3)” shall cease to have effect ; and
at the end there shall be added the following subsection—.
In section 33 (which relates to appeals against planning decisions)—
in subsection (1), for the words from “for planning” to “permission” in the second place where it occurs, there shall be substituted the words—; and
in subsection (5), after the word “sections” there shall be inserted the words “23, ”.
In section 34 (which relates to appeals in default of planning decisions) for the words from “an application” to “order”, where it first occurs, there shall be substituted the words “any such application as is mentioned in section 33(1) of this Act is made to a planning authority ”.
whichever is the latest: Provided that only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above
At the end of section 50 (which provides for agreements for the purpose of restricting or regulating the development or use of land), there shall be added the following subsection—.
In section 54 (which relates to the control of works in regard to listed buildings)—
in subsection (3),
for the words “consists in or includes works for the alteration or extension of a listed building” there shall be substituted the words “affects a listed building or its setting ” ; and
after the words “preserving the building” there shall be inserted the words “or its setting ” ;
in subsection (4), for the words from the beginning to “subsection (2) of this section,” there shall be substituted the words— ; and
for subsection (5) there shall be substituted the following subsection—.
After the said section 54 there shall be inserted the following sections—.
In section 63 (which relates to the proper maintenance of waste land)—
for subsection (1) there shall be substituted the following subsections— ; and
in subsection (3), for the words “sections 85 and 88” there shall be substituted the words ” section 88 ”.
After section 63 there shall be inserted the following section—.
In section 84 (which relates to the power to serve enforcement notices)—
after paragraph (c) of subsection (3) there shall be inserted the words—; or ;
after subsection (5) there shall be inserted the following subsection— ;
for subsection (7) there shall be substituted the following subsections— ;
for subsection (9) there shall be substituted the following subsection— ; and
at the end there shall be added the following subsection—.
In section 85 (which relates to appeals against enforcement notices)—
in subsection (1)—
for the words “within the period specified in the notice as the period at the end of” there shall be substituted the words “before the date specified in the notice as the date on ” ; and
after paragraph (b) there shall be inserted the following paragraph— ;
for subsection (2) there shall be substituted the following subsections— ; and
in subsection (5), after paragraph (a) there shall be added the following paragraph—.
In section 86 (which relates to the continuing contravention of an enforcement notice), for the words “£50” there shall be substituted the words “£100 ”.
In section 87(8)(b) (which relates to the continuing contravention of a stop notice), for the words “£50” there shall be substituted the words “£100 ”.
In section 88 (which relates to the execution and cost of works required by an enforcement notice)—
after subsection (1) there shall be added the following subsection— ; and
for subsections (3) and (4) there shall be substituted the following subsections—.
In section 89(4) (which relates to the reinstatement of buildings or works which have been demolished or altered in compliance with an enforcement notice), for the words “£100” there shall be substituted the words “£1,000 ”.
After section 89 (which provides for the continuation in force of enforcement notices) there shall be added the following section—.
In section 92 (which relates to the power to serve listed building enforcement notices)—
for paragraph (b) of subsection (1) there shall be substituted the following paragraphs— ;
after subsection (1) there shall be inserted the following subsection— ;
after subsection (2) there shall be inserted the following subsection— ;
after subsection (3) there shall be inserted the following subsection— ; and
for subsection (4) there shall be substituted the following subsection—.
In section 93 (which relates to appeals against listed building enforcement notices)—
in subsection (1)—
for the words from “within the” to “end of” there shall be substituted the words— “ before the date specified in the notice as the date on ” and ;
after paragraph (h) there shall be added the following paragraphs— ;
for subsection (2) there shall be substituted the following subsections— ; and
for subsection (6) there shall be substituted the following subsection—.
In section 94(2) (which relates to the continuing contravention of a listed building enforcement notice), for the words “£50” there shall be substituted the words “£100 ”.
In section 98(3) (which relates to the continuing contravention of a tree preservation order), for the words “£5” there shall be substituted the words “£50 ”.
In section 100(1) (which relates to the continuing contravention of a discontinuance of use order), for the words “£50” there shall be substituted the words “£100 ”.
In section 101(2) (which relates to the continuing contravention of advertisement control regulations), for the words “£5” there shall be substituted the words “£20 ”.
In the proviso to subsection (4) of section 136 (which subsection relates to the exclusion of compensation for refusal of planning permission etc. where development is premature by reference to the order of priority in the development plan or any existing deficiency in the provision of water supplies or sewerage services), after the word “if” there shall be inserted the words “the reason or one of the reasons so stated is that that development would be premature by reference to t e matters mentioned in paragraph (a) of this subsection and ”.
At the end of section 169 (which relates to the right of an owner or lessee of land to serve a purchase notice following the refusal of planning permission or the imposition of conditions on its being granted), there shall be added the following subsection—.
After section 229 there shall be inserted the following section—
In section 231(3) (which relates to the validity of certain actions taken by the Secretary of State)—
for paragraph (g) there shall be substituted the following paragraph— ; and
in paragraph (k), for the word “8” there shall be substituted the word “7 ”.
In section 232 (which relates to the procedure for questioning the validity of structure plans etc.), after subsection (2) there shall be inserted the following subsection—.
At the end of section 254 (which relates to agreements relating to Crown land), there shall be added the following subsection—.
In subsection (8) of section 262A (the which section relates to the control of demolition in conservation areas)—
after the words “section 54(3),” there shall be inserted the word “(4), ” ; and
after the words “(5) and (6),” there shall be inserted the words “section 54A, section 54B, section 54C, ”.
In section 262B(1) (which relates to proposals for the preservation and enhancement of conservation areas), for the words “within such period as may from time to time be directed by the Secretary of State” there shall be substituted the words “from time to time ”.
In section 265—
in subsection (1)—
in paragraph (b), for the words “60 or 63” there shall be substituted the words “58 or 61 ” ; and
in paragraph (c), for the word “44” there shall be substituted the word “41 ” ; and
at the end there shall be added the following subsection—.
In section 266(2) (which relates to the wilful obstruction of persons entitled to enter land), for the words “£20” there shall be substituted the words “£200 ”.
At the end of section 272 (which relates to combined applications) there shall be added the following subsection—.
In sub-paragraph (2) of paragraph 5 of Schedule 10 (which relates to the time required by the Secretary of State to consider an application for listed building consent referred to him), for the word “or” there shall be substituted the word “of ”.
Section 66(1).
In section 2 (which makes provision as regards the interpretation of the Act), in the definition of “museum and art gallery authority” for the words “a regional,” there shall be substituted the word “an ”.
In section 133(3)(ii) (which provides for the interpretation of certain provisions relating to war memorials), for the words “a regional,” there shall be substituted the word “an ”.
In Schedule 1—
in paragraph 10(1) (which relates to caravan site licences not being required by travelling showmen during certain periods), for the words “falling between the beginning of October in any year and the end of March” there shall be substituted the words “beginning on or after 20th September in any year and continuing until not later than 16th April ” ; and
in paragraph 11A (which relates to other cases where a caravan site licence is not required), for the word “gipsies” there shall be substituted the words “persons to whom section 24(8A) of this Act applies ”.
In section 7(3) (which interprets the expression “Consolidated Loans Fund” for the purposes of certain provisions relating to statutory investments by persons other than trustees), for the words “section two hundred and seventy-five of the Local Government (Scotland) Act, 1947” there shall be substituted the words “Schedule 3 to the Local Government (Scotland) Act 1975 ”.
In section 2(2) (which relates to the determination of the estimated aggregate amount of the rate support grants for any year), for the words “section 4” there shall be substituted the words “sections 3 and 4 ”.
In section 3 (which provides for the making of rate support grant orders)—
in subsection (i), for the word “fixed” where it first occurs there shall be substituted the words “determined (or redetermined) ” ; and
in subsection (3), for the word “Rate” there shall be substituted the words “Subject to section 4 of this Act, rate ”.
In section 4 (which relates to the variation of rate support grant orders), for subsections (2) to (7) there shall be substituted the following subsections—.
In section 31 (which makes provision as regards the compulsory creation of public paths)—
in subsection (1), after the words “them and”, there shall be inserted the words “, subject to paragraph 2(1A) of Schedule 3 to this Act, ” ; and
in subsection (2) for the words “confirm such an order” there shall be substituted the words “, in a case where his confirmation of the order is required, confirm it ”.
In section 34 (which makes provision as regards the closure of public paths)—
in subsection (1), after the words “them and”, there shall be inserted the words “, subject to paragraph 2(1A) of Schedule 3 to this Act, ”; and
in subsection (5)—
after the words “preliminary to the”, in both places where they occur, there shall be inserted the words “making or ”; and
the words “made under the next following section” shall cease to have effect.
In section 35 (which makes provision as regards the diversion of public paths)—
in subsection (1), alter the words “them and”, there shall be inserted the words “, subject to paragraph 2(1A) of Schedule 3 to this Act, ” ; and
in subsection (3), for the words “confirm the order” there shall be substituted the words “,in a case where his confirmation of the order is required, confirm it ”.
In Schedule 3 (which comprises provisions as to the making, confirmation, coming. into operation and validity of access orders and orders relating to public paths)—
in paragraph 1(1)—
after the word “Before” there shall be inserted the words “an authority make ” ;
for the words “is submitted to the Secretary of State for confirmation the authority by whom the order was made” there shall be substituted the word “they ” ;
for head (a) there shall be substituted the following head— ;
in head (b), for the word “copy” there shall be substituted the word “draft ” ; and
in head (c), after the words “to the” there shall be inserted the word “draft ” ;
paragraph 1(2) shall cease to have effect (c) in paragraph 1(3), for the words “either of the two foregoing sub-paragraphs” there shall be substituted the words “sub-paragraph (1) above ” ;
in paragraph 1(3), for the words "either of the two foregoing sub-paragraphs " there shall be substituted the words " sub-paragraph (1) above ";
in paragraph 2—
at the beginning there shall be added the following sub-paragraph— ;
in sub-paragraph (1) for the word “If”, where it first occurs, there shall be substituted the words “In the case of an order other than one which has effect under sub-paragraph (1A) above, if ” ; after the words “duly made” there shall be inserted the words “in terms of sub-paragraph (1)(c) of paragraph 1 of this Schedule ” ; and the words “or make and”, as the case may be, shall cease to have effect ;
in sub-paragraph (2), the words “or making”, “or make” and “as the case may be,” shall cease to have effect ;
in sub-paragraph (3), the words “or make” and “or the draft order prepared by him, as the case may be,” shall cease to have effect ; and
both in the proviso to sub-paragraph (2) and in subparagraph (3), for the words from “in the case” to “undertakers” there shall be substituted the words “where objection is made by statutory undertakers to a public path creation order or a public path diversion order, ” ; and
in paragraph 4—
the words “or made”, where they first occur, shall cease to have effect ;
after the word “State”, where it first occurs, there shall be inserted the words “or, in the case of an order which has effect under paragraph 2(1A) of this Schedule, has been made by an authority ” ; and
the words “or, in the case of an order made by the Secretary of State, the Secretary of State,” and “or the Secretary of State (according as the notice or copy would require to be served by an authority or by the Secretary of State)” shall cease to have effect.
In section 21(2) (which makes provision as regards expenses incurred in removing mud deposited on roads by vehicles), after the word “authority” there shall be inserted the words “or by the districet council ”.
In section 31(1)(a) (which makes provision as regards disqualification from election to, and membership of, a local authority), after the word “chairman” there shall be inserted the words “or vice-chairman ”.
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In section 67 (which makes provision as regards the disqualification of members and former members from paid office with a local authority), after the word “chairman” there shall be inserted the words “or vice-chairman ”.
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In section 94—
: Provided that, where the local authority have, by binding contract, incurred any liability to which the consent relates, a withdrawal or variation which would, but for this proviso, have the effect of rendering performance of an obligation under such contract impossible shall apply only to the extent (if any) that it does not have that effect.
for paragraph (b) of subsection (3) (which among other things provides for the Secretary of State’s consent being made necessary as regards a local authority incurring liability to meet certain expenses other than capital expenses) there shall be substituted the following paragraph—.
In section 108 (which empowers a local authority to determine and levy a regional, general or, as the case may be, district rate)—
in subsection (1) for the word " subsection " there shall be substituted the words " section 5(4)(b) and (5) of the Local Government (Scotland) Act 1966 and to section "; and
in subsection (2), after the word " determine " there shall be inserted the words " (unless the determination is under section 5(4)(b) of the Local Government (Scotland) Act 1966) ".
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In section 108A—
in subsection (1) (which empowers a local authority to redetermine and lower its regional, general or as the case may be district rate)—
for the words " the Secretary of State informs them that the reduction specified in such report has been made " there shall be substituted the words " such report is approved by the Commons House of Parliament ";
for the word " a ", where it occurs for the fourth time, there shall be substituted the word " such "; and
at the end there shall be added the words " as the Secretary of State may agree "; and
in subsection (5) (which relates to the interpretation of certain occurrences of the expression " rates"), after the word " enactment " there shall be inserted the words " except section 5 of the Local Government (Scotland) Act 1966 ".
In section 111(1)(b) (which relates to regulations with respect to rates), after the words "110" there shall be inserted the words " , or section 5(4) and (5) of the Local Government (Scotland) Act 1966, ".
In section 163(3) (which designates the local authority for the purposes of the Public Libraries Consolidation (Scotland) Act 1887 in the application of that Act to museums and art galleries), for the words from “a local authority” to the end there shall be substituted the words “an islands or district council. ”.
In section 172(3) (which makes provision as regards interpretation), after the word “provided” there shall be inserted the words “or unless the context otherwise requires ”.
In section 176 (which makes provision as regards local plans)—
in subsection (3), at the end there shall be added the words “or withdrawn ” ; and
in subsection (5), after the word “withheld” there shall be inserted the words “or withdrawn ”.
For section 179 (which makes provision as regards applications for planning permission being referred to a regional planning authority instead of being dealt with by a district planning authority) there shall be substituted the following section—.
and of section 153 or 159 of the Act of 1972 (compensation in respect of orders under section 42 or 49) shall, as the case may be and with any necessary modifications, apply to the regional planning authority in relation to such an order made by the regional planning authority as they would apply to the district planning authority in relation to such an order made by the district planning authority.
In Schedule 7 (which relates to meetings and proceedings of local authorities)—
for sub-paragraph (2) of paragraph 3 there shall be substituted the following sub-paragraphs— ; and
in paragraph 10—
for sub-paragraph (1) there shall be substituted the following sub-paragraph— ; and
in sub-paragraph (2), after the word “members” there shall be inserted the words “recorded under paragraph 6 above as having been ”.
Sections 14 to 18 and 265, in so far as they relate to structure plans.
In Column 2 of Part 11 of Schedule 22 (which relates to district planning functions)—
Sections 14 to 18 and 265, in so far as they relate to local plans.
for the words “Section 199” there shall be substituted the words “Sections 198A and 199 ”.
In section 1—
in subsection (3), at the beginning, there shall be inserted the words " Subject to subsection (3A) below "; and
after subsection (3) there shall be inserted the following subsection—.
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In section 6(1)(b) for the words " 7(4) or 10A(4)" there shall be substituted the words " or, as the case may be, 7(4) ".
In section 10A—
Provided that the foregoing provisions of this subsection shall not apply in any such case as may be prescribed.
except that for the purposes of their so applying the reference to ' section 5(1) or, as the case may be, 7(4)' in section 6(1)(b) shall be construed as a reference to subsection (4) of this section: Provided that section 3(2)(c) of this Act shall not apply in relation to an application for a repairs grant in respect of the replacement in a different material of such pipes, tanks, cisterns, taps or other equipment used for the supply of water to a house as are wholly or partly made of lead.
In section 12 (which makes provision for Exchequer contributions towards improvement or repairs grants)—
in subsection (1), for the words " or a repairs grant" there shall be substituted the words " , a repairs grant, or a grant under section 10B(1) of this Act "; and
in subsection (2), after the words " per cent." there shall be inserted the words " (in the case of an improvement or repairs grant), or 90 per cent, (in the case of a grant under section 10B(1) of this Act) ".
In section 49(3) (interpretation) in the definition of "prescribed "—
for the words " and 10A(4) so far as relating to a percentage " there shall be substituted the words " , 10A(4), so far as relating to a percentage, and 10B(3) and (4) "; and
for the words " section 3(3)" there shall be substituted the words " sections 3(3A) and 10A(3) ".
In section 11 (which relates to powers of entry in respect of sports grounds), at the end of paragraph (b) there shall be inserted the word “or ”.
In section 5(2) (which provides that the Secretary of State shall appoint an Amenity Committee and a Fisheries Committee)—
for the words from "two Committees" to "respectively)" there shall be substituted the words " a Committee (in this Act referred to as the Fisheries Committee) "; and
for the words " those Committees " there shall be substituted the words " the Committee ".
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In Schedule 4 (which makes provision for the constitution and functions of the Amenity Committee and the Fisheries Committee)—
in paragraph 1—
the words "Amenity Committee and the" shall cease to have effect;
for the words " them respectively " there shall be substituted the word " it "; and
for the words " amenity and fisheries respectively " there shall be substituted the word " fisheries ";
in paragraph 2 for the words " each of those Committees " and " each Committee " where they respectively occur there shall be substituted the words " the Committee ";
in paragraph 3—
the words " Amenity Committee and the" shall cease to have effect; and
for the words " each of those Committees " there shall be substituted the words " the Committee ";
paragraph 5 shall cease to have effect; and
in paragraph 6 the words " Amenity Committee and the " shall cease to have effect.
In section 1 (which imposes a duty on education authorities to secure the provision of school and further education)—
“ ; and
for the words “—(a) shall” there shall be substituted the words “shall for the purposes of their duty under subsection (1) above—
in paragraph (b), the words “without prejudice to the duty imposed on them by subsection (1) above, shall” shall cease to have effect ; and
in subsection (5)(b)(iii)—
after the words “either as” there shall be inserted the words “voluntary organised activities designed to promote the educational development of persons taking part therein or as ” ; and
the words “or as organised voluntary leisure-time ocupation” shall cease to have effect.
In section 6(1) (which among other things empowers for certain purposes an education authority to establish, manage and maintain social, cultural and recreative facilities), after the word “securing” there shall be inserted the words “,under section 1(3) of this Act, ”.
In section 2—
in subsection (6) (which prescribes a time limit for service of a notice of acceptance)—
in paragraph (a), after the words " (3) above " there shall be inserted the words " or by referring the matter to the Lands Tribunal for Scotland under subsection (2)(d) of section 7 of this Act ";
in paragraph (b), for the words from " determined " to " Scotland" there shall be substituted the word " resolved "; and
after sub-paragraph (iii) there shall be inserted the following sub-paragraph—; and
at the end there shall be added the following subsection—.
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In section 7(2)(c) (which relates to matters being referred to the Lands Tribunal for Scotland)—
after the words " right to purchase)" there shall be inserted the words " or has made an order under subsection (3)(b) of this section "; and
after the words "said finding" there shall be inserted the words " or, as the case may be, order ".
In section 70 (which provides for grants in respect of caravan sites for gipsies)—
in subsection (1), for the word “gipsies” there shall be substituted the words “persons to whom subsection (8A) of that section applies ” ; and
in subsection (4), the definition of “gipsy” shall cease to have effect.
In paragraph 33 of Schedule 32 (which makes provision as regards rates in Scotland in respect of lands and heritages in an enterprise zone)—
Provided that where the lands and heritages are situated only partially within any one enterprise zone their value shall, for the purpose of determining what rates (if any) are payable in respect of the lands and heritages, be apportioned between so much of them as lies within, and so much of them as lies outwith, that zone as if— the apportionment were by reason of their extending into two or more rating areas ; and the boundary of the enterprise zone were the boundary of such an area
at the end of sub-paragraph (4) there shall be added the words “; and “rating area” means the area of a rating authority. ”.
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Section 66(2).
Chapter Short title Extent of repeal 41 & 42 Vict. c. 8 The Public Parks (Scotland) Act 1878. The whole Act. 55 & 56 Vict. c. 55. The Burgh Police (Scotland) Act 1892. Section 107 in so far as relating to streets and footways. Section 110. Section 112. Section 116. Section 277. Section 288. Sections 307 and 308. 60 & 61 Vict. c. 38. The Public Health (Scotland) Act 1897. Section 29. In section 39, the first paragraph. 3 Edw. 7 c. 33. The Burgh Police (Scotland) Act 1903. Section 44. 1 Edw. 8 & 1 Geo. 6 c. 46. The Physical Training and Recreation Act 1937. Section 4(1) to (4). Section 5. Section 7. Section 10(4) to (7) and (11). 8 & 9 Geo. 6. c. 43. The Requisitioned Land and War Works Act 1945. Section 52. 10 & 11 Geo. 6. c. 22. The Civic Restaurants Act 1947. The whole Act. 11 & 12 Geo. 6. c. 17. The Requisitioned Land and War Works Act 1948. In the Schedule, paragraph 10. 4 & 5 Eliz. 2. c. 30. The Food and Drugs (Scotland) Act 1956. In section 26(3), the words “regional councils”. 6 & 7 Eliz. 2. c. 36. The Physical Training and Recreation Act 1958. The whole Act. 8 & 9 Eliz. 2. c. 62. The Caravan Sites and Control of Development Act 1960. Section 32(1)(h)(iii). 1966 c. 51. The Local Government (Scotland) Act 1966. In section 5(1), the words from “; and if” to the end ; and in paragraph (c) the words “subject to subsection (1A)(b) below,”. In Part II of Schedule 1, in paragraph 2 the words “any provision made by virtue of section 4(5) of this Act and to” ; and in paragraph 3, in sub-paragraph (2)(b), the words “subject to any provision made by virtue of section 4(5) of this Act”, and sub-paragraph (5). 1967 c. 86. The Countryside (Scotland) Act 1967. In section 14(5), the words “or make”. In section 34(5), the words “made under the next following section” Section 35A. In Schedule 3, paragraph 1(2); in paragraph 2, in sub-paragraph (1) the words “or make” and “, as the case may be,”, in sub-paragraph (2) the words “or making”, “or make” and “, as the case may be,”, and in sub-paragraph (3) the words “or make” and “or the draft order prepared by him, as the case may be,”; and in paragraph 4, the words “or made” where they first occur, the words “or, in the case of an order made by the Secretary of State, the Secretary of State,” and the words “or the Secretary of State (according as the notice or copy would require to be served by an authority or by the Secretary of State)”. 1968 c. 49. The Social Work (Scotland) Act 1968. Section 85. 1970 c. 40. The Agriculture Act 1970. Section 95. Section 96. 1972 c. 52. The Town and Country Planning (Scotland) Act 1972. In section 12, in subsection (1), the words “section 10 of this Act and” ; and in subsection (2), the word “generally”. In section 26(2), the words “for planning permission for development of a class”. Section 31(1). In section 32(4), the words “for planning permission” in both places where they occur, and the words “(1) to (3)”. In section 37(1), the words “other than the Secretary of State”. Section 54(2). Section 61(7). Section 84(6). In section 85(8), the words “or 80”. In section 92(1), the words “subject to any directions given by the Secretary of State”. Section 93(5)(b). In section 154(2), the words “(except subsection (5)(b) thereof)”. Section 164(6). Section 167C(2)(b). In section 215(1), the words “other than the Secretary of State”. In section 231, in subsection (1)(b), the words “except section 203(1)(a)”; and in subsection (3), in paragraph (a), the words “for planning permission,” and in paragraph (f), the words “(1)(a), (f) or (g)”. Section 262(2) and (3). In section 262A, subsection (3); and, in subsection (4), the words “or to an individual building so specified”. Section 262B(3). In Schedule 10, in paragraph 11(1), the words from “; and (b)” to the end of paragraph (b). 1973 c. 65. The Local Government (Scotland) Act 1973. In section 49(2)(a), the words “or of any of its committees or sub-committees”. In section 55, the word “Regional”. Section 91. Section 137(2). Section 139. Section 158. Section 162. Section 164. Section 178. In section 216, subsections (2), (4) and (5); and in subsection (3) the words “or (2)”. Sections 218 to 221. In section 224, subsections (1) to (4); and in subsection (6) the words “this section and in”. In Schedule 22, paragraphs 5, 8 and 9 of Part II. In Schedule 23, paragraph 2(a). 1974 c. 40. The Control of Pollution Act 1974. Sections 22 and 23. Schedule 4, in so far as relating to section 110, 112 or 116 of the Burgh Police (Scotland) Act 1892 or to section 39 of the Public Health (Scotland) Act 1897. 1975 c. 30. The Local Government Scotland Act 1975. In Schedule 1, in paragraph 2, sub-paragraph (1)(b) and the word “, Corporation” in each of sub-paragraphs (1)(iii) and (2) ; and in each of paragraphs 2A(2), 3(2), 4(2) and 4A the word “, (b)”. 1979 c. 11. The Electricity (Scotland) Act 1979. In Schedule 4, in each of paragraphs 1, 3 and 6 the words “Amenity Committee and the”; and paragraph 5. 1980 c. 44. The Education (Scotland) Act 1980. In section 1, in subsection (3)(b) the words “without prejudice to the duty imposed on them by subsection (1) above, shall”; and in subsection (5)(b)(iii) the words “or as organised voluntary leisure-time occupation”. 1980 c. 45. The Water (Scotland) Act 1980. In paragraph 7(5) of Schedule 3, the word “either”. Paragraph 23 of Schedule 4. 1980 c. 52. The Tenants’ Rights, Etc. (Scotland) Act 1980. In section 1(1), the word “tenancy”. In section 4(3), the words “incurred in connection with the sale of the dwelling-house”. 1980 c. 65. The Local Government, Planning and Land Act 1980. In section 70(4), the definition of “gipsy” and the word “and” immediately preceding that definition. 1981 c. 44. The Countryside (Scotland) Act 1981. Section 5.
Chapter Short title Extent of repeal . . . . . . . . . In section 10(3), the words “the Secretary of State or” and the words “,as the case may be”. 1968 c. 49. The Social Work (Scotland) Act 1968. Section 6(1)(d). 1975 c. 52. The Safety of Sports Grounds Act 1975. In section 11, the words “or (d) the Secretary of State,”. . . . . . . . . . 1978 c. 3. The Refuse Disposal (Amenity) Act 1978. In section 8(1), the words “the Secretary of State or”.