Local Government (Scotland) Act 1973

(a) by the sheriff principal of the sheriffdom within which the challenged election took place ; or (b) where the election was in respect of a local authority whose area is situated within more than one sheriffdom, by the sheriffs principal of the sheriffdoms in which the area of the authority is situated ; and where in such a case the sheriffs principal are unable to reach a unanimous decision, they shall state a case for the Court of Session and the Court may pronounce any deliverance which it would have been competent for the sheriffs to make.

;

• (b) in subsection (2), for the words " by the court" there shall be substituted the words " (unless imposed or made by the Court of Session in consequence of a case stated under subsection (1) above) ";

• (c) for subsection (3) there shall be substituted the following subsection—

(3) The place of trial shall be such place within the sheriffdom or sheriffdoms in which the area of the local authority is situated as the election court may determine.

;

• (d) in subsection (4), for the word " sheriffdom " there shall be substituted the words " said sheriffdom or sheriffdoms ".

14

In section 139(3) (incapacity of candidate guilty of corrupt or illegal practice) for the words " a county, town or district council" there shall be substituted the words " any local authority ".

15

In section 166 (local elections in Scotland excluded from Parts II and III of Act), for the word " 1947 " there shall be substituted the word " 1973 ".

16

In section 173 (general application to Scotland):—

• (a) in subsection (2), the words from the beginning to " town councillor, and " shall cease to have effect;

• (b) subsection (3) shall cease to have effect;

• (c) in subsection (8), the definitions of " assessor ", " burgh ", " large burgh " and " small burgh ", and " elected district councillor " shall cease to have effect; in the definition of "electoral area" for the words "burgh, ward or other area " there shall be substituted the words " or ward "; in the definition of " local elections rules" for the words "local elections rules in the Third Schedule to this Act" there shall be substituted the words " rules made under section 7 of the Local Government (Scotland) Act 1973 " ; in the definition of " local government Act" for the word " 1947 " there shall be substituted the word " 1973 " ; and in the definition of " local government area " for the words " county, burgh" there shall be substituted the words " region, islands area ".

17

In Schedule 2, in rule 11 of the Parliamentary Elections Rules (place for delivery of nomination papers), at the beginning of sub-paragraph (2) there shall be inserted the words " Except in Scotland, " and at the end there shall be added the following sub-paragraph :—

(3) In Scotland the place shall be in— (a) the constituency, or (b) the district or (if more than one) any of the districts in which the constituency is situated, or (c) any district adjoining the district or districts (as the case may be) in which the constituency is situated.

18

In Schedule 7, in paragraph 6(b) (duty to keep lists of meeting rooms, etc.) for the words from " town clerk " to " burgh or county " there shall be substituted the words " proper officer of the council of every islands area and district to prepare and keep for each constituency wholly situated in the area of the council ".

House of Commons (Redistribution of Seats) Act 1958

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representation of the People Act 1969

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

• (1) In section 13(1) (countermand or abandonment of poll on death of candidate), in paragraph (b), after the date " 1949 " there shall be inserted the words " or, in Scotland, of section 9 of the Local Government (Scotland) Act 1973, ".

• (2) In section 13(3) (application of Schedules 2 and 3 to the Act of 1949 to documents relating to an abandoned poll), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; section 13(4) shall cease to have effect; and in section 13(5) the words " and rule 18 of those in Schedule 3 " shall cease to have effect.

22

In section 14 (miscellaneous amendments of elections rules), for the words " Schedules 2 and 3 " there shall be substituted the words " Schedule 2 " ; and the words " and the local elections rules " shall cease to have effect.

23

In Schedule 2 (consequential, etc. amendments of Act of 1949), in paragraph 25, sub-paragraph (1) shall cease to have effect, in sub-paragraph (2) the words "and rule 24 of the local elections rules in Schedule 3 " shall cease to have effect, and in head (b) for the words " each of those rules " there shall be substituted the words " that rule ".

SCHEDULE 4

1

• (1) Boundaries Scotland shall be a body corporate consisting of a chairman, a deputy chairman and not more than four other members.

• (2) The members of Boundaries Scotland shall be appointed by the Secretary of State and, subject to sub-paragraph (3) below, shall hold and vacate office in accordance with the terms of their respective appointments.

• (3) The Secretary of State may remove a person from membership of Boundaries Scotland if he is satisfied that that person—

• (a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

• (b) is incapacitated by physical or mental illness;

• (c) has been absent from meetings of Boundaries Scotland for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

• (d) is otherwise unable or unfit to discharge the function of a member.

• (4) The common seal of Boundaries Scotland shall be authenticated by the signature of a member of Boundaries Scotland or of some other person authorised in that behalf by Boundaries Scotland.

2

• (1) There shall be paid to each member of Boundaries Scotland such salary or fees and allowances as may from time to time be determined by the Secretary of State . . ..

• (2) Boundaries Scotland may pay such pension, allowance or gratuity to or in respect of any member of Boundaries Scotland on his retirement or death, or make such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, . . . determine.

• (3) If a person ceases to be a member of Boundaries Scotland, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, . . . require Boundaries Scotland to pay to that person a sum of such amount as the Secretary of State may . . . determine.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

• (1) The Secretary of State may appoint, to assist and advise Boundaries Scotland in the exercise of its functions, such persons as he thinks fit, being persons having expert knowledge likely to be of value to Boundaries Scotland.

• (2) There shall be paid to persons appointed under this paragraph such fees and allowances as may from time to time be determined by the Secretary of State with the consent of the Treasury.

5

At any meeting of Boundaries Scotland three shall be the quorum.

6

All acts done at a meeting of Boundaries Scotland shall, notwithstanding that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member of Boundaries Scotland, be as valid as if the defect had not existed.

7

Subject to the preceding provisions of this Schedule and to the provisions of, and of any directions given under, Part II of this Act, the procedure of Boundaries Scotland at and in connection with its meetings shall be such as it may from time to time determine.

Officers and servants, remuneration and expenses

8

• (1) The Secretary of State may appoint a secretary to Boundaries Scotland and such other officers and servants of Boundaries Scotland as he may . . . determine.

• (2) Before appointing a person to be secretary to Boundaries Scotland, the Secretary of State shall consult with Boundaries Scotland.

• (3) The terms and conditions of appointment of any person appointed under this paragraph shall be determined by the Secretary of State . . ..

• (4) Boundaries Scotland may, with the approval of the Secretary of State . . . pay to its officers and servants such remuneration, allowances and expenses as may from time to time be determined.

• (5) Boundaries Scotland may, with the approval of the Secretary of State, pay such pensions, allowances or gratuities to or in respect of any of its officers or servants on their retirement or death, or make such payments towards the provision of such pensions, allowances or gratuities, as may be determined.

9

The expenses of Boundaries Scotland including—

• (a) the salaries, fees and allowances of its members,

• (b) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of a member on his retirement or death,

• (c) any payment of compensation to a person who ceases to be a member,

• (d) the remuneration and any expenses paid to an assistant commissioner, and

• (e) the remuneration and any expenses paid to the officers and servants of Boundaries Scotland, and

• (f) any payment of or towards the provision of a pension, allowance or gratuity to or in respect of any of the officers or servants of Boundaries Scotland,

together with the fees and allowances paid to persons appointed under paragraph 4 above, shall be defrayed out of moneys provided by the Scottish Ministers.

Proof of documents

10

• (1) Every document purporting to be an instrument made or issued by Boundaries Scotland and to be duly sealed with the seal of Boundaries Scotland or to be signed by the Secretary or any person authorised to act in that behalf shall be received in evidence and, unless the contrary is proved, shall be deemed to be an instrument made or issued by Boundaries Scotland.

• (2) Sufficient evidence of any such instrument may in any legal proceedings be given by the production of a document purporting to be certified by or on behalf of the secretary of Boundaries Scotland to be a true copy of the instrument.

SCHEDULE 5

1

As soon as practicable after 1st April 1996 the Boundary Commission shall—

• (a) review the electoral arrangements for all local government areas for the purpose of considering future electoral arrangements for those areas; and

• (b) formulate proposals for those arrangements.

2

The provisions of Part II of this Act shall apply to a review under paragraph 1 above as they apply to a review under section 16 of this Act except that section 17 of this Act shall have effect as if it required—

• (a) the Boundary Commission to submit a report on any review before such date as the Secretary of State may direct; and

• (b) the Secretary of State to make an order under the said section 17 giving effect to the proposals of the Commission under the said paragraph 1 (whether as submitted to him or with modifications).

SCHEDULE 6

1

• (1) This Schedule applies to the consideration by the Secretary of State or Boundaries Scotland of the electoral arrangements for election of councillors of local government areas.

• (2) Having regard to any change in the number or distribution of electors of a local government area likely to take place within the period of five years immediately following the consideration , the number calculated by dividing the number of local government electors in each electoral ward of that local government area by the number of councillors to be returned in that ward shall be, as nearly as may be, the same.

• (3) Subject to sub-paragraph (2) above, in considering the electoral arrangements referred to in sub-paragraph (1) above regard shall be had to—

• (a) the desirability of fixing boundaries which are and will remain easily identifiable;

• (b) any local ties which would be broken by the fixing of any particular boundary.

but if, in any case, there is a conflict between those criteria, greater weight shall be given to the latter.

2

The strict application of the rule stated in paragraph 1(2) . . . above may be departed from in any area where special geographical considerations appear to render a departure desirable.

SCHEDULE 7

1

• (1) A council shall hold in every year such meetings as they think necessary and in an election year shall hold a meeting within 21 days from the date of the election.

• (2) Meetings shall be held at such hours and on such days as the council at their first meeting decide or by standing order determine.

• (3) Meetings shall be held at such place, either within or without their area, as the council may direct.

• (4) A special meeting may be called at any time by the convener of the council or on the requisition of at least one-fourth of the whole number of members of the council, which meeting shall be held within 14 days of receipt of the requisition by the proper officer of the council.

2

• (1) Three clear days at least before a meeting of a council—

• (a) notice of the time and place of the intended meeting shall be published at the council’s offices and, where the meeting is called by members of the council, the notice shall be signed by those members and shall specify the business proposed to be transacted thereat; and

• (b) a summons to attend the meeting, specifying the business to be transacted thereat and signed by the proper officer of the council, shall, subject to sub-paragraph (2) below, be left at or sent . . . to the usual place of residence of every member of the council.

• (2) If a member of a council gives notice in writing to the proper officer of the council that he desires summonses to attend meetings of the council to be sent to him at some address specified in the notice other than his place of residence, any summons addressed to him and left at or sent . . . to that address shall be deemed sufficient service of the summons.

• (3) Want of service of a summons on any member of a council shall not affect the validity of a meeting of the council.

• (4) Except in the case of business required by or under this or any other Act to be transacted at a meeting of a council and any other business brought before that meeting as a matter of urgency in accordance with the council’s standing orders, no business shall be transacted at a meeting of the council other than that specified in the summons relating thereto.

3

• (1) At a meeting of a council the convener, if present, shall preside.

• (2) If the convener is absent from a meeting of the council, the depute convener shall preside.

• (3) If the convener and depute convener are absent from a meeting of the council, another member of the council chosen by the members present shall preside.

4

• (1) Subject to sub-paragraph (2)

below, no business shall be transacted at a meeting of a council unless at least one-fourth of the whole number of members of the council are present.

• (2) Where there are at the same time vacancies in the case of more than one-third of the members of a council, then until the number of members in office is increased to not less than two-thirds of the whole number of members of the council, the quorum of the council shall be determined by reference to the number of members of the council remaining instead of by reference to the whole number of members of the council, so however that the quorum shall never be less than one-eighth of the whole number of members of the council or three members, whichever is the greater number.

5

• (1) Subject to this or any other Act and to any provisions of standing orders relating to the suspension of such ordersor to the procedure for early removal from office of the convener or depute convener, all questions coming or arising before a council shall be decided by a majority of the members of the council present and voting thereon at a meeting of the council.

• (2) In the case of an equality of votes the person presiding at the meeting shall have a second or casting vote except where the matter which is the subject of the vote relates to the appointment of a member of the council to any particular office or committee, in which case the decision shall be by lot.

6

The names of the members present at a meeting of a council shall be recorded.

7

• (1) Minutes of the proceedings of a meeting of a council shall be drawn up and shall be signed at the same or next following meeting of the council by the person presiding thereat, and any minute purporting to be so signed shall be received in evidence without further proof.

• (2) Until the contrary is proved, a meeting of a council a minute of whose proceedings has been made and signed in accordance with this paragraph shall be deemed to have been duly convened and held, and all the members present at the meeting shall be deemed to have been duly qualified.

8

Subject to the provisions of this Act, a council may make standing orders for the regulation of their proceedings and business and may vary or revoke any such orders.

9

The proceedings of a council shall not be invalidated by any vacancy among their number or by any defect in the election or qualifications of any member thereof.

10

(1) Paragraphs 5 to 9 above (except paragraph 7(2)) shall apply in relation to—

• (a) a committee (including a joint committee) of a council and that committee’s members; or

• (b) a sub-committee of any such committee of a council and that sub-committee’s members.

as those paragraphs apply in relation to a council and that council’s members.

• (2) Until the contrary is proved, where a minute of any meeting of any such committee or sub-committee has been made and signed in accordance with paragraph 7 above as applied by this paragraph, the committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute, the meeting shall be deemed to have been duly convened and held and the members recorded under paragraph 6 above as having been present at the meeting shall be deemed to have been duly qualified.

SCHEDULE 8

1

The Accounts Commission for Scotland (hereafter in this Schedule referred to as “the Commission”) shall be a body corporate and shall have a common seal.

2

• (1) Each member of the Commission shall, subject to sub-paragraph (4)

below, hold and vacate office in accordance with the terms of his appointment.

• (2) A member of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

• (3) A person who has held office as a member of the Commission shall be eligible for reappointment.

• (4) The Secretary of State may remove a person from membership of the Commission if he is satisfied that that person—

• (a) has had his estate sequestrated or has made a trust deed for behoof of his creditors or a composition contract;

• (b) is incapacitated by physical or mental illness;

• (c) has been absent from meetings of the Commission for a period longer than six consecutive months otherwise than for a reason approved by the Secretary of State; or

• (d) is otherwise unable or unfit to discharge the function of a member.

3

• (1) The Secretary of State shall appoint one of the members of the Commission to be chairman, and another of the members of the Commission to be deputy chairman, of the Commission.

• (2) The chairman or deputy chairman of the Commission may at any time resign office as such by notice in writing given to the Secretary of State.

• (3) If the chairman or deputy chairman of the Commission ceases to be a member of the Commission he shall cease to be chairman or, as the case may be, deputy chairman of the Commission.

4

• (1) At any meeting of the Commission , including any hearing under section 103 of this Act, the quorum shall be four or such larger number as the Commission may determine.

• (2) In the case of an equality of votes at any meeting of the Commission the person acting as chairman of the meeting shall have a second or casting vote.

• (3) The proceedings of the Commission shall not be invalidated by any vacancy in their membership or by any defect in the appointment of any person as a member, or as chairman or deputy chairman, of the Commission.

• (4) Subject to the foregoing provisions of this paragraph, the Commission shall have power to regulate their own procedure.

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

The Commission shall have power generally to do such acts as may appear to them to be necessary or expedient for the proper discharge of their functions . . .

SCHEDULE 9

The Local Government (Scotland) Act 1947

1

In section 195, after the words “this Act” there shall be inserted the words “or Part VII of the Local Government (Scotland) Act 1973.”

2

In section 216—

• (a) for the words from “as early” to “July” there shall be substituted the words “by such date as may be prescribed”;

• (b) for the words from “as the authorities” to “determine” there shall be substituted the words “as may be prescribed”;

• (c) at the end there shall be inserted the following words:—

In this section— (a) references to a joint committee or joint board shall be construed as references to a joint committee or joint board all the members of which, other than ex officio members, are appointed by one or more local authorities; (b) “prescribed” means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 223, the proviso shall cease to have effect.

5

In section 229—

• (a) subsection (2) shall cease to have effect;

• (b) in subsection (3), the words "or of the provisions of any local Act" and the words from " and the provisions " to the end shall cease to have effect.

6

In section 231, the words “and save as otherwise provided in any local Act”, the words “the office of the collector of the authority or at” and the word “other” shall cease to have effect.

7

In section 232, in subsection (1), in the proviso, paragraph (c) shall cease to have effect.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In section 237—

• (a) subsection (2)(f) shall cease to have effect;

• (b) for subsection (3) there shall be substituted the following subsection:—

(3) A demand note shall be in such form, and shall contain such information in addition to the information required by subsection (2) above, as may be prescribed by regulations made by the Secretary of State under section 1ll of the Local Government (Scotland) Act 1973

.

10

In section 238, subsection (4) shall cease to have effect.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

In section 252, the words from “whether such expenses” to “county council” shall cease to have effect.

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In section 258, in subsection (2), for the words " in respect of sums requisitioned from that authority by another authority " there shall be substituted the words " to another authority on account of rates ".

15

In section 258, in subsection (3), for the words " the Minister concerned is" there shall be substituted the words " they are " ; and the words from " and gives" to the end shall cease to have effect.

16

In section 259—

• (a) in subsection (1), paragraph (a) shall cease to have effect and in the proviso, for the words “paragraphs (a) and” there shall be substituted the word “paragraph”;

• (b) subsections (2) and (3) shall cease to have effect.

17

In section 260—

• (a) in subsection (1), in paragraph (e), the words “in the case of a county council or town council” shall cease to have effect;

• (b) subsection (2) shall cease to have effect.

18

In section 261—

• (a) in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “on or after the sixteenth day of May nineteen hundred and thirty and by a district council after the commencement of this Act” shall cease to have effect; for the words “of the council” there shall be substituted the words “of the authority”; the words from “and all money” to “pari passu” shall cease to have effect; for the words “a council” there shall be substituted the words “a local authority”; and for the words “which the council” there shall be substituted the words “which the authority”;

• (b) in subsection (3), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”;

• (c) in subsection (5), for the words “section seventy-one of, or the Fourth Schedule to, the Housing (Scotland) Act 1925” there shall be substituted the words “section 165 of, or Schedule 7 to, the Housing (Scotland) Act 1966”.

19

In section 262, in subsection (1), in paragraph (b) of the proviso, for the words “paragraph (d), (e), (f) or (g)” there shall be substituted the words “paragraph (d), (f), (g), (ga) or (gb)” and the words from “in order” to “relates” and the words from “in accordance” onwards shall cease to have effect.

20

In section 263, in subsection (1), for the words “county council or a town council” there shall be substituted the words “local authority”; the words “or under a local Act” shall cease to have effect; and for the words “the council”, in both places where they occur, there shall be substituted the words “the authority”.

21

In section 264, subsection (4) shall cease to have effect.

22

In section 265, in subsection (5), the words “with the sanction of the Secretary of State” shall cease to have effect.

23

In section 266—

• (a) in subsection (1), the words from “and if it appears” to the end shall cease to have effect;

• (b) in subsection (3), the words “with the consent of the Secretary of State” shall cease to have effect;

• (c) in subsection (4), the words “subject to obtaining the consent of the Secretary of State” and the words “with the like consent” shall cease to have effect.

24

In section 268, in subsection (2), the words from “Where the treasurer” to the end shall cease to have effect.

25

In section 269—

• (a) in subsections (1) to (3), for the words “county council or a town council” and “county council or town council”, wherever they occur, there shall be substituted the words “local authority”; and for the words “the council”, wherever they occur, there shall be substituted the words “the authority”;

• (b) in subsection (1), in the proviso, paragraph (a) shall cease to have effect.

26

In section 271, in subsection (1), the words from “by a county council” to “section” shall cease to have effect and subsection (2) shall cease to have effect.

27

In section 272, for the words “county council or town council” there shall be substituted the words “local authority”.

28

In section 273—

• (a) in subsections (1) to (3), for the words “county council or town council” there shall be substituted the words “local authority”;

• (b) in subsection (1), for the words “the council” there shall be substituted the words “the authority”.

29

In section 274, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and the proviso shall cease to have effect.

30

In section 275—

• (a) in subsection (1), for the words from “county council” to “that effect” there shall be substituted the words “local authority shall, as from 16th May 1975,”; and for the words “the council” there shall be substituted the words “the authority”;

• (b) in subsection (2), for the word “council” there shall be substituted the word “authority”;

• (c) subsection (3) shall cease to have effect;

• (d) in subsection (4), for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”; and for the words “the burgh” there shall be substituted the words “the islands area or district”.

31

In section 279—

• (a) the words “with consent of the Secretary of State” shall cease to have effect;

• (b) in the proviso, in paragraph (i), the words from “shall require” to “fund or” shall cease to have effect;

• (c) in the proviso, paragraph (ii) shall cease to have effect.

32

In section 292, for the words “county council or a town council” there shall be substituted the words “local authority”; for the words “the council” there shall be substituted the words “the authority”; and for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”.

33

In section 295, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

34

In section 379, in subsection (1)—

• (a) in the definition of “security”, for the words “a burgh” there shall be substituted the words “an islands area or district”;

• (b) in the definition of “statutory borrowing power”, for the words “town council of a burgh” there shall be substituted the words “council of an islands area or district”.

35

In Schedule 7, in Form (1)—

• (a) in Note (1), for the words “a burgh” there shall be substituted the words “an islands area or district”; and the words “of the burgh” shall cease to have effect;

• (b) in Note (2), the word “district” shall cease to have effect;

• (c) Note (3) shall cease to have effect.

36

In Schedule 8—

• (a) in the title, for the words “COUNTY COUNCIL OR TOWN COUNCIL” there shall be substituted the words “LOCAL AUTHORITY”;

• (b) in rule 1, for the definition of “appointed day” there shall be substituted the following definition:—

“appointed day” means 16th May 1975

;

• (c) in rule 1, for the definition of “council” there shall be substituted the following definition:—

“council”means a regional, islands or district council

;

• (d) in rule 18, in paragraph (4), in the proviso, for the words “Housing (Scotland) Acts, 1925 to 1946” there shall be substituted the words “Housing (Scotland) Acts 1966 to 1972”;

• (e) in rule 20, for the words from “and the auditor” to the end there shall be substituted the words “and shall be audited in accordance with Part VII of the Local Government (Scotland) Act 1973”.

The Local Government Act 1948

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

In section 144, subsections (3), (4) and (8) shall cease to have effect in relation to Part V of the Act.

39

In section 145, in subsection (2)—

• (a) the definitions of “large burgh” and “small burgh” shall cease to have effect;

• (b) for the definition of “local authority” there shall be substituted the following definition:—

“local authority” means a regional, islands or district council;

.

The Rating and Valuation (Scotland) Act 1952

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Valuation and Rating (Scotland) Act 1956

44

In section 1—

• (a) subsections (1) to (4) shall cease to have effect;

• (b) in subsection (5), for the words “section eighty-three or ninety-three of the Act of 1947” there shall be substituted the words “section 116(2) of the Local Government (Scotland) Act 1973”; and the words “under this section” shall cease to have effect;

• (c) subsection (6) shall cease to have effect;

• (d) in subsection (7), the words “appointed under this section” shall cease to have effect.

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

In section 9, in subsection (5), for the words from the beginning to " said copies " there shall be substituted the words " Every valuation authority shall, when the valuation roll for any year of revaluation has been made up, cause copies of the said roll " ; and for the words " copies of the roll are received by them " there shall be substituted the words " the roll was so made up ".

47

In section 11, at the end there shall be inserted the following subsection:—

(4) Any provision of any local Act which is inconsistent with the foregoing provisions of this section shall cease to have effect.

48

In section 21, in subsection (1), the words “are situated within the landward area of a county and” shall cease to have effect.

49

In section 24, in subsection (4), in the definition of “separately rated area”, for the words from “a burgh”, where they first occur, to the end there shall be substituted the words “an islands area or district”.

50

In section 43, in subsection (1), the definitions of “burgh”, “large burgh” and “rating authority” shall cease to have effect.

51

In Schedule 4—

• (a) in paragraph 10, for the words “rating authority” there shall be substituted the words “local authority”;

• (b) in paragraph 11, in sub-paragraph (3), in the proviso, for the words “rating authorities”, in both places where they occur, there shall be substituted the words “local authorities”.

The Local Government and Miscellaneous Financial Provisions (Scotland) Act 1958

52

Section 8 shall cease to have effect.

The Local Government (Financial Provisions) (Scotland) Act 1963

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

In section 9—

• (a) in subsection (1), for the word “rules” there shall be substituted the word “regulations”; and for the words “this subsection” there shall be substituted the words “section 111 of the Local Government (Scotland) Act 1973”;

• (b) in subsection (3), for the words “area which is a burgh or the landward area of a county” there shall be substituted the words “district or islands area”; . . ..

• (c) after subsection (3) there shall be inserted the following subsection:—

(3A) The standard penny rate product for any year of an area which is a region shall be taken to be an amount equal to the sum of the standard penny rate products for that year of the districts comprised in that region.

;

• (d) in subsection (4), for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) above” and the words “to county councils and town councils” shall cease to have effect;

• (e) in subsection (6), for the words “burgh or of the landward area of a county” there shall be substituted the words “district or islands area”; and for the words “burgh or, as the case may be, the landward area”, in both places where they occur, there shall be substituted the words “district or, as the case may be, islands area”;

• (f) subsection (7) shall cease to have effect.

55

In section 19, in subsection (2), the words “the expression “local authority” includes a district council, and” shall cease to have effect.

56

In section 20, subsection (2) shall cease to have effect.

57

In section 21—

• (a) in subsection (1), for the words “county council” there shall be substituted the words “regional council”; for the words “the county”, where they first occur, there shall be substituted the words “the region”; for the words “the expenditure” there shall be substituted the words “the relevant local expenditure”; and for the words from “relevant” onwards there shall be substituted the words “sum of the relevant local expenditures for that year of the regional council and the councils of each district in the region”,

• (b) subsection (2) shall cease to have effect;

• (c) for subsection (3) there shall be substituted the following subsection:—

(3) In this section “relevant local expenditure” has the same meaning as in paragraph 5 of Part II of Schedule 1 to the Local Government (Scotland) Act 1966.

58

In section 26(2), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

The Local Government (Development and Finance) (Scotland) Act 1964

59

In section 8, subsections (2) and (5) shall cease to have effect.

60

In section 9—

• (a) in subsection (1), paragraph (b) shall cease to have effect;

• (b) subsections (2) and (4) shall cease to have effect.

61

In section 10, subsection (2) shall cease to have effect.

The Rating Act 1966

62

In section 2—

• (a) in subsection (5), for the words “section 5 of this Act)” there shall be substituted the words “the standard scheme prescribed under section 112 of the Local Government (Scotland) Act 1973, including that scheme as varied under section 114 of that Act)”;

• (b) in subsection (12), in paragraph (b), the words from “or any corresponding provision” to the end shall cease to have effect.

63

In section 4, in subsection (5), the words “or any provision for like purposes contained in any local Act” and the words from “or any such provision” to the end shall cease to have effect.

The Ministry of Social Security Act 1966

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Government (Scotland) Act 1966

65

In section 2, in subsection (2), in paragraph (b), the words “and grants under the Rating Act 1966” shall cease to have effect.

66

In section 6, in subsection (2), for the words “a county” there shall be substituted the words “the area of any local authority”; and for the words “the county” there shall be substituted the words “that area”.

67

In section 7, in subsection (1), for the words “local authority” there shall be substituted the words “rating authority” and at the end there shall be inserted the following words:—

In this subsection the words “the amount of the rate”, in relation to a regional council, mean the aggregate amount of the regional rate and the district rate

.

68

In section 46(1), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

69

In Schedule 1, in Part I—

• (a) in paragraph 1, for the words “first be apportioned to all counties and those burghs which are counties of cities” there shall be substituted the words “be apportioned to all regions, islands areas and districts”;

• (b) paragraph 2 shall cease to have effect;

• (c) in paragraph 5, in sub-paragraph (2), the words from “and joint” to “constituent councils” shall cease to have effect; for the words “the local authorities” there shall be substituted the words “such classes of local authority as may be specified in the regulations”; and for the words “each authority” there shall be substituted the words “such authorities as may be so specified”.

70

In Schedule 1, in Part II—

• (a) in paragraph 1, the words from “shall be payable” to “burgh, but” shall cease to have effect;

• (b) paragraph 3 shall cease to have effect;

• (c) in paragraph 4, in sub-paragraph (1), for the words “county council or town council” there shall be substituted the words “islands or district council”.

• (d) for paragraph 5 there shall be substituted the following paragraph:—

(5) For the purposes of this Part of this Schedule the relevant local expenditure in relation to a regional, islands or district council for any year is so much of the council’s total expenditure for the year as would fall to be met out of the regional rate, the general rate or the district rate respectively if no resources element were payable to that council

.

71

In Schedule 1, in Part III, in paragraphs 2 and 3, for the words “local authority” there shall be substituted the words “rating authority”.

72

In Schedule 2—

• (a) in paragraph 19, in head (a), the words “and, where appropriate, the separately rated areas” shall cease to have effect;

• (b) paragraph 22 shall cease to have effect;

• (c) in paragraph 27, the definition of “burgh” shall cease to have effect; in the definition of “rating area”, for the words from “of”, where it first occurs, to the end there shall be substituted the words “of an islands council or of a district council”; and the definition of “separately rated area” shall cease to have effect.

The Housing (Scotland) Act 1969

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Post Office Act 1969

74

In section 53—

• (a) for subsection (5) there shall be substituted the following subsection:—

(5) An order under subsection (1) above for the purposes of the valuation roll for the year 1971-72 may be varied by a subsequent order, made in the like manner, so as to include, with respect to the years 1976-77 and 1977-78, any such provision as is authorised by subsection (3) above to be included therein.

;

• (b) for subsection (7) there shall be substituted the following subsection:—

(7) Expressions used in this section and in the Local Government (Scotland) Act 1966 have the same meanings in this section as in that Act.

SCHEDULE 10

1

Subject to the provisions of section 124 of this Act and of any other express provision contained in this Act or any Act passed after this Act, an education authority may arrange for the discharge of any of their functions by their education committee, a sub-committee of that committee, . . . . . . . . . , an officer of the authority or by any other education authority in Scotland.

2

Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by their education committee, then, unless the authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee, . . . . . . . . . or an officer of the authority.

3

Where by virtue of this Schedule or any other enactment any functions of an education authority may be discharged by another education authority, paragraphs 1 and 2 above shall apply in relation to those functions as they apply in relation to the functions of that other authority, except that—

• (a) the foregoing provision shall have effect subject to the terms of any arrangement relating to the functions; and

• (b) that other authority shall not, by virtue of this paragraph, arrange for the discharge of those functions by some other education authority.

4

Any arrangement made by an education authority or education committee under this Schedule for the discharge of any functions by an education committee, sub-committee, . . . . . . , officer or education authority shall not prevent the authority or committee by whom the arrangement is made from exercising those functions.

5

An education authority may arrange for the discharge of any of their functions jointly with one or more other education authorities or other local authorities and, where arrangements are in force for them to do so—

• (a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them, and paragraph 2 above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

• (b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

6

No arrangement shall be made by an education authority for the discharge otherwise than by their education committee of any function in regard to the dismissal of teachers.

7

For the purpose of discharging any functions of an education authority in pursuance of arrangements made under paragraph 5 above an education authority may jointly with one or more other education authorities or other local authorities appoint a joint committee.

8

For the purpose of discharging any functions of an education authority in pursuance of arrangements made under this Schedule, an education committee or any joint committee appointed under paragraph 7 above may appoint one or more sub-committees.

9

Subject to the provisions of this Schedule, the number of members of a joint committee or sub-committee appointed thereunder, their term of office, and the area (if restricted) within which such a joint committee or sub-committee are to exercise their authority, shall be fixed by the appointing authorities or, as the case may be, by the appointing committee.

10

A joint committee appointed under paragraph 7 above and a sub-committee appointed under paragraph 8 above may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities, or in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.

11

At least half of the members appointed to a joint committee appointed under paragraph 7 above shall be members of the appointing authorities.

12

Every member of a joint committee appointed under this Schedule who at the time of his appointment was a member of one of the appointing authorities shall, upon ceasing to be a member of that authority, also cease to be a member of the joint committee and of any sub-committee thereof; but for the purpose of this paragraph a member of an authority shall not be deemed to have ceased to be a member thereof by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

SCHEDULE 11

1

In section 6(3) (co-operation with local authorities in social activities, physical education, etc.), for the words " county, town " there shall be substituted the words " regional, islands ".

2

In section 13 (provision of hostels), the words from "and shall " onwards shall cease to have effect.

3

In section 18(5) (improvements as to premises, etc.), for the words " county or town" there shall be substituted the words " regional or islands ".

4

In section 20 (acquisition of land and execution of works), in subsection (1A), paragraph (a) shall cease to have effect, in paragraph (b) for the words " any such use as aforesaid " there shall be substituted the words " use as the site of an educational establishment, or of playing fields to be used in connection with such an establishment, or of an extension to any such establishment or playing fields (whether contiguous to the establishment or playing fields or detached therefrom)", and the words " acquisition or" shall cease to have effect.

5

Section 23 (co-operation in the performance of functions) shall cease to have effect.

6

In section 25 (power of education authorities to make payments to persons providing education, etc.), in subsection (1)(c), the words "with the approval of the Secretary of State" shall cease to have effect, and subsection (2) shall cease to have effect.

7

In section 71 (power to enforce duty, etc.), after the word " Act" there shall be added the words " or of any other enactment relating to education ".

8

In section 85 (dismissal of teachers), in subsection (2), for the words " a county or town council delegate to their education committee " there shall be substituted the words " an education authority arrange for the exercise by their education committee of " ; and in subsection (4), the words from " and for any sub-committee " to " control of the authority)" shall cease to have effect.

9

In section 86 (appointment of director of education), in subsection (1), after the words " officer of the authority " there shall be inserted the words " and shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit. "; and the words from " and, on a vacancy " onwards and subsection (2) shall cease to have effect.

10

Sections 88, 89, 90 and 91 shall cease to have effect.

11

In section 125 (procedure on re-organisation of educational endowments), in subsection (6), in paragraph (b), for the words " town council of any burgh " there shall be substituted the words " council of any district ", and, in paragraph (d), for the words " burgh or parish " there shall be substituted the word " district ".

12

In section 145 (general definitions), in paragraph (16), for sub-paragraphs (a), (b) and (c) there shall be substituted the words " a regional or islands council, " ; and the following paragraph shall be inserted at the appropriate place—

(41AA) ' reporter of the appropriate local authority ' means the reporter of the appropriate local authority for the purposes of the Social Work (Scotland) Act 1968.

SCHEDULE 12

The Small Dwellings Acquisition Act 1899

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing Act 1914

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing and Town Development (Scotland) Act 1957

3

In section 16(5) (provision for failure to carry out duties under overspill agreements or town development schemes), for the words “three hundred and fifty-five of the Local Government (Scotland) Act 1947” there shall be substituted the words “210 of the Local Government (Scotland) Act 1973”.

The Housing Act 1964

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing (Scotland) Act 1966

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

Section 98 (duty of medical officers to furnish particulars of overcrowding) shall cease to have effect.

8

In section 107 (power to require provision of means of escape from fire), in subsection (2) the words from " who are not" to " another fire authority " shall cease to have effect.

9

In section 147 (execution of works by local authority in connection with housing operations outside their district), the words "subject to the approval of the Secretary of State" shall cease to have effect.

10

In section 152 (power of local authority to promote and assist housing associations), at the end there shall be added the following subsection—

(3) In this section any reference to a local authority shall include a reference to a regional council

.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

Section 174 (relaxation of building regulations, etc., in connection with housing operations) shall cease to have effect.

14

In section 184 (penalty for obstructing execution of Act), the words " the sanitary inspector or " shall cease to have effect.

15

In section 185(1)(b), the words " the sanitary inspector or " and the words " of such officer or " shall cease to have effect.

16

In section 193 (power of Secretary of State in event of failure of local authority to exercise power), in subsection (1)(a), in head (i), the word " or " occurring at the end and head (ii) shall cease to have effect.

17

In section 195 (default powers of Secretary of State in relation to rents)—

• (a) in subsections (1), (2) and (4), for the words " 356 of the Local Government (Scotland) Act 1947" and the words " said section 356", wherever they occur, there shall be substituted respectively the words " 211 of the Local Government (Scotland) Act 1973 "and the words " said section 211 " ;

• (b) in subsection (7), for the words " 372 of the Local Government (Scotland) Act 1947" there shall be substituted the words " 232 of the Local Government (Scotland) Act 1973 ";

• (c) in subsection (8), for the words " 356(1) of the Local Government (Scotland) Act 1947" there shall be substituted the words " 211(1) of the Local Government (Scotland) Act 1973 ".

18

Section 201 (power to obtain report on area) shall cease to have effect.

19

In section 208(1) (interpretation), the definitions of "burgh" and " large burgh " shall cease to have effect.

The Housing Subsidies Act 1967

20

In section 27(1)(a)(ii) (qualifying lenders), for the words “county councils and town” there shall be substituted the words “regional, islands and district”.

The Housing (Financial Provisions) (Scotland) Act 1968

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Housing (Scotland) Act 1969

22

In section 62 (increase of rents of houses belonging to certain authorities without notice of removal)—

• (a) in subsection (5), for paragraph (d) there shall be substituted the following paragraph—

(d) a water authority or a water development board as respectively defined in section 148 of the Local Government (Scotland) Act 1973 and section 34(1) of the Water (Scotland) Act 1967

;

• (b) in subsection (6), for the words from " town council" to " combined county" there shall be substituted the words " regional, islands or district council ".

The Housing (Financial Provisions) (Scotland) Act 1972

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 13

1

In section 5(2) (no protected or statutory tenancy where landlord’s interest belongs to local authority etc.), for paragraph (a) there shall be substituted the following paragraph—

(a) a regional, islands or district council, or a joint board or joint committee as respectively defined by the Local Government (Scotland) Act 1973, or the common good of an islands or district council or any trust under the control of a regional, islands or district council,

.

2

In section 37 (registration areas and rent officers)

• (a) for subsection (1) there shall be substituted the following subsection—

(1) The registration areas for the purposes of this Part of this Act shall be the districts and islands areas.

;

• (b) after subsection (1) there shall be inserted the following subsection—

(1A) The Secretary of State may, after consultation with the local authority or local authorities concerned, make directions (a) as to the groupings of registration areas or parts thereof, or (b) deeming any part of a registration area to be a separate registration area, and any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of this subsection.

• (c) in subsection (2), after the words “local authority” there shall be inserted the words “or local authorities” and the words from “and for the purposes” to the end shall cease to have effect;

• (d) after subsection (2) there shall be inserted the following subsection—

(2A) Where the Secretary of State makes a direction under subsection (1A) above, or an appointment under subsection (2) above, which is to come into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of the said subsection (1A) or (2) if he has consulted either the existing or the new local authority or local authorities before that date.

;

• (e) subsection (6) shall cease to have effect.

3

At the end of section 39 (register of rents) there shall be added the following subsections—

(5) Any entry— (a) in a register (hereinafter referred to as “the old register”) (i) which is kept under this section before 16th May 1975, or (ii) which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area, or (b) in a separate part of an old register in which rents are registered for dwelling-houses in respect of tenancies to which sections 60 to 66 of the Housing (Financial Provisions) (Scotland) Act 1972 apply, which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register or, as the case may be, in such a separate part of the register kept under this section for that new registration area.

.

4

5

In section 66(1) (service of notices, etc.) for the reference to section 349 of the Local Government (Scotland) Act 1947 there shall be substituted a reference to subsections (1) to (4) and (6) of section 192 of the Local Government .(Scotland) Act 1973.

6

For section 83 (operation of Part VII) there shall be substituted the following section—

(83) (1) The registration areas for the purposes of this Part of this Act shall be the districts and islands areas. (2) The Secretary of State may after consultation with the local authority or local authorities concerned, make directions— (a) as to the groupings of registration areas, or parts thereof, or (b) deeming any part of a registration area to be a separate registration area. (3) Where the Secretary of State makes a direction under subsection (2) above which is to come into force on 16th May 1975, he shall be deemed to have consulted the local authority or local authorities concerned for the purposes of that subsection if he has consulted either the existing or the new local authority or local authorities before that date. (4) Any reference in this Part of this Act to a registration area shall include a reference to a grouping of registration areas or parts thereof and any area deemed to be a separate registration area by virtue of a direction under subsection (2)(b) above.

7

8

In section 85(1) (contracts) the words from “and which is situated” to the end shall cease to have effect.

9

At the end of section 89 (register of rents under Part VII contracts) there shall be added the following subsections—

(4) Any entry in a register (hereinafter referred to as “the old register”) (a) which is kept under this section before 16th May 1975, or (b) which is kept for any area which ceases to be a registration area as a result of the establishment of a new registration area, which relates to a dwelling-house which is situated in a new registration area shall be deemed for the purposes of this Part of this Act to be an entry in the register kept under this section for that new registration area. (5) The old register shall be kept by such rent tribunal and made available for inspection in such place or places and in such manner as the Secretary of State may direct; and subsection (3) above shall apply to any entry in the old register which is deemed to be an entry in the register kept for a new registration area. (6) In this section “new registration area” means a registration area established under this Part of this Act on or after 16th May 1975.

10

In section 97 (local authorities for Part VII), subsection (1) shall cease to have effect.

11

In section 133(1) (interpretation)—

• (a) after the definition of “let” there shall be inserted the following—

“local authority” means an islands council or district council;

;

• (b) after the definition of “rateable value” there shall be inserted the following—

“rates” means any charges payable in respect of a rate as defined in the Local Government (Scotland) Act 1947;

.

Schedule 14

The Roads and Bridges (Scotland) Act 1878

1

2

In section 3 (interpretation), at the beginning of the definitions there shall be inserted the following—

• ' proper officer ' , in relation to an authority, has the same meaning as in section 235(3) of the Local Government (Scotland) Act 1973 ;

3

For section 11 (management and maintenance of highways) there shall be substituted the following section—

(11) In each region or islands area the management and maintenance of the highways and bridges shall be vested in and incumbent on the local highway authority.

4

In section 41 (list of highways to be made up), for the word "board" there shall be substituted the words " local highway authority ".

5

In section 42 (highways may cease to be such, and other roads may become highways)—

• (a) for the words from the beginning to "recommending the same" there shall be substituted the words " The local highway authority may ";

• (b) for the words " county road clerk " there shall be substituted the words " local highway authority ".

6

For section 45 (provision for footpaths) there shall be substituted the following section—

(45) A local highway authority may make, and if made, maintain footpaths on the side or sides of any highway.

7

For section 47 (local authority to have management of roads within burghs) there shall be substituted the following section—

(47) The highways and bridges situated within any former burgh shall by virtue of this Act be transferred to and vested in the local highway authority, and such authority shall have the entire management and control of the same, and shall possess the same rights, powers, and privileges, and be subject to the same liabilities in reference to such highways and bridges (including the construction of new roads and bridges) as the local highway authority possess and are liable to in reference to roads, highways and bridges (including as aforesaid) under section 11 of this Act, including the right to any assets belonging thereto, and shall also have and may exercise with reference to the construction, maintenance, and repair of the roads, highways and bridges within such former burgh such and the like powers and authorities as they possess with reference to any streets within such former burgh.

8

For section 58 (new roads and bridges may be constructed by the board, and assessed for upon proprietors) there shall be substituted the following section—

(58) The local highway authority may from time to time resolve to construct any new road or bridge that they may think requisite, or may enter into an agreement with any person or corporation (including another highway authority) for the construction of any new road or bridge, and all new roads and bridges so constructed shall be highways ; provided that where any such new bridge is not situated wholly within one region, the agreement for the construction thereof shall provide for the proportions in which the expense of the future maintenance of such bridge shall be divided between the regions in which the same is partly situated respectively ; and failing such agreement such expense shall be deemed to rest equally upon the regions within which such bridge is partly situated, as the case may be.

9

In section 109 (books of former trustees to be evidence), after the word " whatsoever " there shall be inserted the words " affecting the local highway authority ".

10

In section 123 (incorporation of parts of General Turnpike Act), for the words from " and in any county " to the end there shall be substituted the words " and, in any region or islands area, shall extend and apply to all the highways made or to be made within such region or area, and, except in so far as inconsistent with the provisions of any general or local Act in force therein, within any former burgh or burghs situated or partly situated within the same ; and in the construction of the aforesaid sections of the said Act, with reference to this Act, the expression ' trustees under any Turnpike Act' or words having the like import, and the expression ' Turnpike Roads' shall mean and apply to the local highway authority and the roads, highways and bridges placed under their management by this Act, as the case may require, in so far as such application shall not be excluded by the context or any of the provisions of this Act. "

11

In section 124 (recovery and application of penalties), for the words " of the clerk of the trustees, or of the clerk to the burgh local authority " and " the treasurer of the trustees or of the burgh local authority " there shall be substituted the words " the proper officer of the local highway authority ".

12

In Schedule (C)—

• (a) in section LXXXI (penalty on taking away materials provided for repairing turnpike roads), for any reference to turnpike trustees there shall be substituted a reference to local highway authority;

• (b) in section LXXXIII (power to use adjoining ground as a temporary road), for any reference to trustees there shall be substituted a reference to local highway authority ;

• (c) in section XCI (restriction on the erection of houses on the sides of turnpike road), for any reference to turnpike trustees there shall be substituted a reference to local highway authority and for the word " county " and the words " any one of the turnpike trustees or their clerk " there shall be substituted respectively the words " region or islands area " and the words " the local highway authority " ;

• (d) in section XCII (power to water roads), for the words " trustees of any turnpike road " and " said trustees " there shall be substituted the words " local highway authority ";

• (e) in section CII (proprietors to fence pits made near the roads), for the words " trustees or procurator fiscal " and the words "any two of the trustees of such road or the procurator fiscal of the shire within which the said pit or cut is situated" there shall be substituted respectively the words " local highway authority and " the local highway authority " ;"

• (f) in section CIII (no animal to be pastured on the roads)—

• (i) for the words from "any trustee of such road " to " authorised by them " there shall be substituted the words " the local highway authority or their proper officer ";

• (ii) for the words " surveyor or other person ", wherever they occur, there shall be substituted the words " proper officer ";

• (g) in section CV (gates to open inwards)—

• (i) for the words "trustees of any turnpike road " there shall be substituted the words " local highway authority ";

• (ii) for the words " their surveyor " and the words " the surveyor" there shall be substituted the words " the proper officer of the local highway authority ";

• (h) in section CVI (weeds to be cut by trustees)—

• (i) for the words " trustees of every turnpike road " and " said trustees" there shall be substituted the words " local highway authority ";

• (ii) for the words " their clerk or surveyor " there shall be substituted the words " the local highway authority ".

The Local Government (Scotland) Act 1889

13

Section 16 (transfer of powers of county road trustees) shall cease to have effect.

14

Section 41 (savings) shall cease to have effect.

The Roads and Streets in Police Burghs (Scotland) Act 1891

15

The whole Act shall cease to have effect.

The Roads and Bridges (Scotland) Amendment Act 1892

16

In section 4 (agreements for construction of new roads)—

• (a) for the words from " road board of a county " to " adjoining county " there shall be substituted the words " local highway authority enter into an agreement with another local highway authority ";

• (b) for the words " latter county" and " former county", wherever they occur, there shall be substituted respectively the words " area of the latter authority " and " area of the former authority ".

The Barbed Wire Act 1893

17

In section 2 (interpretation) for the words from " Scotland " to " thereof" there shall be substituted the words " Scotland the expression ' local highway authority' means the regional or islands council ".

18

In section 3 (removal of barbed wire where nuisance to highway)

• (a) in subsection (1), for the words "the county or district of a local authority " and " such local" there shall be substituted respectively the words " a region or islands area " and " the local highway " ;

• (b) in subsection (2), for the words " local authority " wherever they occur there shall be substituted the words " local highway authority ".

19

In section 4 (proceedings where local authority is occupier of the land) for the words " local authority " wherever they occur, and " district of the local authority " there shall be substituted respectively the words " local highway authority " and " region or islands area ".

The Local Government (Scotland) Act 1894

20

In section 29 (maintenance of public ways) for the words " parish council " wherever they occur and the word " parish " there shall be substituted respectively the words " local highway authority " and " region or islands area ".

The Development and Road Improvement Funds Act 1909

21

For section 10(2) (provision as to construction of new roads by highway authorities) there shall be substituted the following subsection—

(2) The new road referred to in subsection (1) above, when constructed, shall be a main road.

22

In section 16 (application to Scotland)

• (a) for the words " county council or a town council " there shall be substituted the words " regional or islands council ";

• (b) the words from " References to a county" to " respective powers and duties " shall cease to have effect.

The Roads Improvement Act 1925

23

For any reference in the Act to county council or other highway authority there shall be substituted a reference to local highway authority.

24

In section 6(2) (power to conduct experiments), for the words from " authority or person " to the end there shall be substituted the words " local highway authority ".

25

In section 7 (joint exercise of powers), the words " between any of them respectively " shall cease to have effect.

26

Section 8 (expenses) shall cease to have effect.

27

In section 12 (application to Scotland)—

• (a) in paragraph (b), for the words from " county council" to the end there shall be substituted the words " regional or islands council ";

• (b) in paragraph (d), for the words from " county ", where it first occurs, to " burgh " there shall be substituted the words " local highway authority in any highway or in any land forming part thereof unless the local highway authority for the area ";

• (c) in paragraph (e), for the words from " within a burgh " to the end there shall be substituted the words " within the area of a local authority shall not be served without the consent of such authority, and a building line affecting land within any such area shall not be prescribed by a local highway authority without the consent of the said local authority. "

The Roads and Streets in Police Burghs (Scotland) Act 1925

28

The whole Act shall cease to have effect.

The Bridges Act 1929

29

In section 15 (application to Scotland), in paragraph (a), for the words from " county " to " burgh " there shall be substituted the words " regional or islands council ".

The Road Traffic Act 1930

30

31

In section 119 (special provisions as to Scotland)—

• (a) in subsection (3), for the words “county or town council” there shall be substituted the words “local highway authority” ;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

The Road Traffic Act 1934

33

Section 23 (power of county councils to light roads) shall cease to have effect.

The Restriction of Ribbon Development Act 1935

34

In section 25(3) (application to Scotland), for the words " county or town" there shall be substituted the words " regional or islands ".

The Trunk Roads Act 1936

35

In section 3(2) (general provisions as to functions with respect to trunk roads)—

• (a) in paragraph (b), the words from " shall not" to " aforesaid " shall cease to have effect;

• (b) in paragraph (c), the words "shall not be exercisable by a county council in any borough or urban district and " shall cease to have effect.

36

In section 5 (delegation of roads functions to local authorities) in subsections (2) and (3), for the word " council ", wherever it occurs, there shall be substituted the words " local highway authority ".

37

In section 6 (miscellaneous provisions as to functions in connection with trunk roads), for any reference to a county council, council, or council of any county or large burgh there shall be substituted a reference to a local highway authority.

38

In section 7(5) (transfer of property and liabilities), for the word " council" there shall be substituted the words " local highway authority ".

39

In section 12 (application to Scotland)—

• (a) in subsection (2)(a), for the words " large burgh as defined in the Local Government (Scotland) Act 1929 " there shall be substituted the words " local highway authority " and in the proviso, the words " subsection (2) of section 3 and " shall cease to have effect and for the word " burgh " there shall be substituted the words " regional or district council ";

• (b) in subsection (2)(b), for the words from " the maintenance " to " 1929 " there shall be substituted the words " which the local highway authority ";

• (c) in subsection (2)(c), for the words " county or town council " there shall be substituted the words " local highway authority ";

• (d) in subsection (5), for the words " town council" there shall be substituted the words " local authority ";

• (e) in subsection (8), for any reference to a local authority there shall be substituted a reference to a local highway authority ;

• (f) in subsection (9), for the words "council of the county or large burgh " there shall be substituted the words " regional council for the area " and the proviso shall cease to have effect;

• (g) in subsection (10), for the substituted subsection (1) there shall be substituted the following subsection—

(1) The Minister may by agreement with the local highway authority delegate to that authority all or any of his functions (including functions under the enactments mentioned in Part I of Schedule 3 to this Act) with respect to the maintenance, repair and improvement of, and other dealing with— (a) a trunk road within the area of the local highway authority ; or (b) a trunk road within the area of another local highway authority if the council thereof consent. For the purposes of this subsection any reference to a trunk road shall include a reference to land acquired by the Minister under this Act which does not form part of a trunk road.

;

• (h) for subsection (12) there shall be substituted the following subsection—

(12) Any power conferred by any enactment on a local highway authority to delegate functions to any other authority shall, as regards functions delegated to or vested in a local highway authority by or under this Act, be exercisable with the consent of the Secretary of State but not otherwise.

40

In section 13(1) (interpretation), in the definition of "former highway authority", for the word " council", wherever it occurs, there shall be substituted the words " local highway authority ".

The Trunk Roads Act 1946

41

In section 14 (application to Scotland)—

• (a) in subsection (3) for the words " large burgh " there shall be substituted the words " region or islands area ";

• (b) for subsection (4) there shall be substituted the following subsection—

(4) For section 2(3) there shall be substituted the following subsection— (3) Where any such order directs that a road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the regional or islands council shall become the highway authority for the road.

;

• (c) in subsection (6) for the words from " county borough " to the end of the subsection there shall be substituted the words " every county " to the end of the paragraph there were substituted the words " every region, islands area or district in which any road to which the order applies is situated. ".

The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947

42

In section 7(1) (interpretation), in the definition of “local authority” for the words from “county” to the end there shall be substituted the words “regional, islands or district council”.

The Town and Country Planning (Scotland) Act 1947

43

The Special Roads Act 1949

44

In section 3 (supplementary orders relating to special roads), in subsections (1)(e) and (4)(c), for the words " local authority", wherever they occur, there shall be substituted the words " regional council ".

45

In section 21(1) (interpretation)—

• (a) the definition of " large burgh " shall cease to have effect;

• (b) for the definition of " local authority " there shall be substituted the following definition—

• " local authority " has the same meaning as in the Local Government (Scotland) Act 1973

.

46

In Schedule 1 (provisions as to schemes and orders)—

• (a) in paragraphs 2(a) and 8(b), for the words " county, burgh " there shall be substituted the words " region, islands area ";

• (b) in paragraph 5 for the words " (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947" there shall be substituted the words " (8) of section 210 of the Local Government (Scotland) Act 1973 ".

The Highways (Provision of Cattle Grids) Act 1950

47

In section 1(8)(b) (provision of cattle grids and by-passes), for sub-paragraphs (i), (ii) and (iii) there shall be substituted the words " shall be the regional or islands council for the area in which the road lies ".

48

Section 16(4) (financial provisions) shall cease to have effect.

49

In section 17(1) (interpretation), in the definition of " highway authority " for the words from " council of a county " to the end there shall be substituted the words " regional or islands council ".

50

In paragraph 3(8) of the Schedule (procedure for determination by appropriate authority of certain questions), for the words " subsections (2) to (9) of section three hundred and fifty-five of the Local Government (Scotland) Act 1947" there shall be substituted the words " subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 ".

The Public Utilities Street Works Act 1950

51

The Road Traffic Act 1956

52

The Road Traffic Act 1960

53

In section 257(1) (general interpretation provisions), in the definition of " highway authority" for the words from " county council " to " therein " there shall be substituted the words " regional or islands council ".

The Local Government (Scotland) Act 1966

54

Section 28(5) (road grants and classifications) shall cease to have effect.

55

56

Section 31 (delegation of lighting functions of highway authority) shall cease to have effect.

57

58

In section 33 (special provisions as to footway lighting systems)—

• (a) subsection (2) shall cease to have effect;

• (b) for subsection (3) there shall be substituted the following subsection—

(3) If, in the case of a road or part of a road in which a footway lighting system is maintained by a district council, the highway authority propose to provide a road lighting system (either as a separate system or by means of alteration to the footway lighting system), they may give notice to that effect to the district council.

The Road Traffic Regulation Act 1967

59

60

In section 5(1) (certain councils may make orders under sections 1 and 28 for purpose of general scheme of traffic control), for the words " county council or town council" there shall be substituted the words " local highway authority ".

61

In section 15(8)(b) (regulation of use of highways by public service vehicles), for the words from "in a burgh" to the end there shall be substituted the words " a regional or islands council ".

62

In section 20(8) (removal of vehicles illegally, obstructively or dangerously parked, abandoned or broken down) as set out in Schedule 1 to the Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967, in the definition of "local authority", for the words "county council or town council of a burgh" there shall be substituted the words " local highway authority ".

63

64

65

In section 26(9) (power of local authorities to prohibit traffic on roads to be used as playgrounds), for the words from " as regards roads" to the end there shall be substituted the words " by the local highway authority ".

66

In section 28 (power of local authorities to provide parking places), in subsection (6)(a), for the words " county council or town council" there shall be substituted the words " local highway authority ".

67

In section 35 (provision on highways of parking places where charge is made), in subsection (4), for the words "county council or town council" there shall be substituted the words " local highway authority ".

68

69

70

In section 69 (bollards and other obstructions on roads outside Greater London)—

• (a) in subsections (1) and (3), for the words " authority who made the order" there shall be substituted the words " local highway authority ";

• (b) in subsection (3), the words from " but, where " to the end shall cease to have effect.

71

In section 76 (provisions supplementary to sections 71 to 75)—

• (a) in subsection (2)(b), for the words from " county " to the end there shall be substituted the words " local highway authority ";

• (b) subsection (3) shall cease to have effect.

72

In section 104(1) (general interpretation provisions), in the definition of " highway authority", for the words " county council or the town council of a burgh " there shall be substituted the words " regional or islands council ".

73

Section 105 (effect of certain references to Scottish local authorities) shall cease to have effect

The Transport Act 1968

74

75

In section 124(4) (Board’s obligations at level crossings with roads other than public carriage roads), for the words “county council and a town” there shall be substituted the words “regional or islands”.

76

The Roads (Scotland) Act 1970

77

In section 4(1)(d) (power of local authority to contribute to street works), the words " in special scavenging districts " shall cease to have effect.

78

In section 28(3) (use of appliances, etc., on footways and footpaths), the definition of " local authority " shall cease to have effect.

79

In section 50(1) (interpretation)—

• (a) in the definition of " highway authority ", for the words from " county " to " therein " there shall be substituted the words " regional or islands council ";

• (b) in the definition of " local authority ", for the words " town council or a county " there shall be substituted the words " regional or islands ";

• (c) in the definition of " local highway authority ", for the words "highway authority other than the Secretary of State" there shall be substituted the words " regional or islands council ".

The Local Government (Footpaths and Open Spaces) (Scotland) Act 1970

80

The Chronically Sick and Disabled Persons Act 1970

81

In section 21(8) (badges for display on motor vehicles used by disabled persons), for the words “county or large burgh” there shall be substituted the words “region or islands area”.

The Road Traffic Act 1972

82

83

In section 35(5)(b) (control of use of footpaths and bridleways for motor vehicle trials), for the words “county council or town” there shall be substituted the words “regional or islands”.

84

In section 38(5)(b) (powers of Secretary of State and local authorities as to giving road safety information and training), for the words “county council or town” there shall be substituted the words “regional or islands”.