Local Government (Scotland) Act 1973

• (b) in subsection (2) for the words after “that paragraph” there shall be substituted the words “the local authority, after giving the owner and any other person appearing to them to have an interest an opportunity to be heard, may make an order requiring the owner to execute the said operation within such period as shall be stated in the order.”;

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

(4) If an order under subsection (2) above is not duly complied with, the local authority may execute the operations which the owner has failed to execute or demolish the building.

;

• (d) in subsection (5) for the words from “or a” to “his functions” there shall be substituted the words “in executing their functions”.

11

In section 14 (power of local authorities to sell materials from demolished buildings) for the words from “master of works” to “authority may” there shall be substituted the words “local authority acting under section 13(1)(b) or (4) of this Act, they may”.

12

In section 18 (inspection and tests)—

• (a) in subsection (1)—

• (i) for the words between “this section” and “on exhibiting” there shall be substituted the words “any person authorised in writing by a local authority”,

• (ii) in paragraphs (c) and (d) for the words “master of works” there shall be substituted the words “local authority”,

• (iii) for paragraph (e) there shall be substituted the following paragraphs—

(e) inspecting any building which the local authority consider should be examined in order to determine whether to exercise their powers under section 11 of this Act; or (f) executing any operations under section 10, 11 or 13 of this Act.

;

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

• (c) in subsection (3) for the words “thereof, or by virtue of subsection (2) of this section” there shall be substituted the words “(e) or (f) thereof”;

• (d) in subsection (4) the words “the buildings authority or” where they first occur and the words “or (2)” shall cease to have effect, and for the words “buildings authority or local authority as the case may be” there shall be substituted the words “local authority”;

• (e) in subsection (7) the words “or subsection (2)” shall cease to have effect;

• (f) in subsection (10), for the words “master of works” and “him” there shall be substituted respectively the words “local authority” and “them”, and for the proviso there shall be substituted the following proviso—

Provided that the local authority, on application made to them, may if they think fit meet the expense of carrying out any such test as aforesaid or any part of that expense.

.

13

Section 20(2) (fees chargeable by buildings authorities) shall cease to have effect.

14

Section 21 (provisions as to master of works) shall to have effect.

15

In section 23 (inquiries) for subsection (2) there shall be substituted the following subsection—

(2) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 shall apply to any inquiry held under this section as they apply to the inquiries specified in the said section 210.

16

In section 25 (service of notices etc.)—

• (a) in subsection (1) for the words “three hundred and forty nine of the Local Government (Scotland) Act 1947” there shall be substituted the words “192 of the Local Government (Scotland) Act 1973”;

• (b) in subsections (2) and (3) the words “a buildings authority or” shall cease to have effect.

17

Section 27 and Schedule 8 (transitional provisions) shall cease to have effect.

18

In section 29 (interpretation)—

• (a) in subsection (1) the definitions of “buildings authority”, “burgh”, “landward area” and “master of works” shall cease to have effect and for the definition of “local authority” there shall be substituted the following definition—

“local authority” means the council of an islands area or district, except that in the case of a district situated within the Highland, Borders or Dumfries and Galloway region it means the council of that region;

;

• (b) in subsection (4) for the words “a county council or a town council” there shall be substituted the words “or a local highway authority” ;

• (c) subsections (6) and (7) shall cease to have effect;

• (d) in subsection (8) the words “two or more buildings authorities or” and the words “such one of those buildings authorities or, as the case may be” shall cease to have effect;

• (e) subsection (9) shall cease to have effect.

19

In section 30(1) (local Act provisions), the proviso shall cease to have effect.

20

Schedule 1 (enactments relating to dean of guild court functions unaffected by the Act of 1959) shall cease to have effect.

21

Schedule 2 (provisions relating to buildings authorities which are not dean of guild courts) shall cease to have effect.

22

In Schedule 6 (recovery of expenses by charging order) in paragraph 1 the words “or a master of works” shall cease to have effect.

23

In Schedule 7 (evacuation of dangerous buildings)—

• (a) for the second reference to the master of works in paragraph 2 and for the reference to the master of works in paragraph 3 there shall be substituted a reference to the proper officer of the local authority;

• (b) for any other reference to a master of works there shall be substituted a reference to a local authority.

24

In Schedule 9 (minor and consequential amendments) paragraphs 2 and 3 shall cease to have effect.

Part II — Other Enactments

25

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

26

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

27

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

28

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

29

In the Thermal Insulation (Industrial Buildings) Act 1957—

• (a) in section 12(2) (application to Scotland) for the words from “in a burgh” to the end there shall be substituted the words “the local authority within the meaning of the Building (Scotland) Act 1959”;

• (b) in sections 2 and 3(1) (as set out in their application to Scotland in sub-paragraphs (1) and (2) respectively of paragraph 6 of Schedule 9 to the Building (Scotland) Act 1959), for the words “buildings authority” there shall be substituted the words “local authority”;

• (c) in section 4(3) (as set out in its application to Scotland in subsection (5) of section 12 and as amended by subparagraph (3) of paragraph 6 of the said Schedule 9), for the reference to the dean of guild court and a buildings authority there shall be substituted a reference to the local authority and the words “or, as the case may be, the plans of the building were approved by the local authority” shall cease to have effect;

• (d) in section 8(1) (as set out in its application to Scotland in subsection (8) of section 12), for the words from “sections three hundred” to “1947” there shall be substituted the words “sections 192 and 193 of, and paragraph 7 of Schedule 7 to, the Local Government (Scotland) Act 1973”.

30

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

Schedule 16

Rivers (Prevention of Pollution) (Scotland) Act 1951

1

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

2

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

3

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4

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5

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

6

In section 18(3) (provision of information), for the words from “fees” to the end there shall be substituted the words “reasonable fees as may be determined by the river purification authority”.

7

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

8

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

9

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

10

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SCHEDULE 17

General

1

• (1) Notwithstanding any other provision of this Act or any order made thereunder, any reference in any enactment, order, scheme, regulations, awards or byelaws passed or made before the coming into force of this Act—

• (a) in unspecified terms to a regional water board or the region of such a board (or any expression construed as such a reference by virtue 6 of paragraph 2 of Schedule 2 to the Water (Scotland) Act 1967) . . . shall be construed respectively as a reference to a water authority or to the limits of supply of such an authority . . .;

• (b) to a particular regional water board or the region of such a board (or any expression construed as aforesaid) shall be construed respectively as a reference to the water authority responsible for the water undertaking to which the enactment relates or to the limits of supply of such an authority.

• (2) If there is any doubt as to the identity of the water authority referred to in sub-paragraph (1)(b) above, that authority shall be taken to be such authority as may be specified in a direction given by the Secretary of State.

The Rural Water Supplies and Sewerage Act 1944

2

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

The Water (Scotland) Act 1946

3

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

4

In section 12 (compensation for damage resulting from exercise of powers)—

• (a) in subsection (1), for the words " local authority " and " the authority " there shall be substituted respectively the words " district council " and " them " ;

• (b) in subsection (3), the words " against an authority " and " to the authority " shall cease to have effect.

5

In section 23 (power of local authority to give guarantee for supply of water), for the words " local authority " and the word " district" there shall be substituted respectively the words " water authority within the meaning of section 148 of the Local Government (Scotland) Act 1973 " and the words " limits of supply ".

6

In section 29 (power of local authority to provide public wells, fountains, etc.)—

• (a) in subsection (1), for the words " local authority " there shall be substituted the words " district council " and after the word " region" there shall be inserted the words " or area ";

• (b) in subsection (2), for the words " A local authority " there shall be substituted the words " An islands or district council ", after the word " their " there shall be inserted the words " area or " and, in the proviso, for the words " the authority " there shall be substituted the words " the council ".

7

In section 30 (power to close or restrict use of water from public wells, etc.), for the words " local authority " there shall be substituted the words " district council ", and after the word " region " there shall be inserted the words " or area ".

8

In section 31 (power to close or restrict use of water from polluted source of supply), for any reference to a local authority there shall be substituted a reference to an islands or district council and after the word " their " there shall be inserted the words " area or ".

9

In section 54 (provision of supply of water to other houses), fpr any reference to a local authority there shall be substituted a reference to an islands or district council.

10

In section 55 (power of local authority to grant or make charging order for expenses of executing works), for any reference to a local authority there shall be substituted a reference to an islands or district council.

11

In section 56 (recovery of expenses from owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.

12

In section 57 (limitation of liability of certain owners), for any reference to a local authority there shall be substituted a reference to an islands or district council.

13

In section 58 (agreements as to drainage, etc., of land),—

• (a) in subsection (1), at the beginning there shall be inserted

(a) " and for the words " with a local authority " there shall be substituted the words— (b) a water authority or a water development board may enter into agreements with a regional, islands or district council

;

• (b) in subsection (3), for the words " local authority" and " that authority " there shall be substituted respectively the words " regional or islands council " and " that council ".

14

In section 61 (byelaws for preventing pollution of water), for any reference to the local authority of the district or the local authority of the district or county there shall be substituted a reference to the regional, islands or district council.

15

In section 78 (notices, etc., to be in writing), for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.

16

In section 84(1) (interpretation), after the definition of " supply pipe " there shall be inserted the following definition—

• ' water authority ' has the same meaning as in section 148 of the Local Government (Scotland) Act 1973 ;

.

17

In Schedule 1 (procedure for making orders and making and confirming byelaws)—

• (a) in paragraph 2(i), for the words " local authority of every district " there shall be substituted the words " water authority, regional council, district council and water development board for every area " and in paragraph 2(ii), at the end there shall be added the words " and in the case of an order under section 21(2), where the river purification authority within whose area the stream affected is situated are not the same authority as the applicants, on that authority ";

• (b) in paragraph 11(i), for the words "local authority of every district" there shall be substituted the words " water authority, regional council, district council and water development board for every area ";

• (c) in paragraph 11(ii), after the word "transferred " there shall be inserted the words " where the river purification authority are not the same authority as the water authority ";

• (d) in paragraph 19, for the words "local authority of any district" there shall be substituted the words " water authority, regional council, district council and water development board for any area " and after the word " acquired " there shall be inserted the words " and where the river purification authority within whose area the stream affected is situated are not the same authority as the water authority, to that authority ".

18

In Schedule 4 (provisions to be incorporated in orders relating to water undertakings), in paragraph 5(1) and (2) and paragraph 24(2) for the words "local authority", wherever they occur, there shall be substituted the words " regional, islands or district council "and the word " authority" or " authorities" shall be construed accordingly.

The Water (Scotland) Act 1949

19

In section 1 (levy of rates in respect of expenditure on water supply)—

• (a) for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;

• (b) for any reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate.

20

In section 2 (provisions as to liability for domestic water rate), for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area, and subsection (2)(b) shall cease to have effect.

21

In section 4 (levy of domestic water rate on business and commercial premises), in the proviso to subsection (1), for the words " the fifteenth day of July in any year " there shall be substituted the words " such date in any year as may be prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973 ".

22

In section 8(1) (contributions by county council in aid of domestic water rate)—

• (a) for any reference to a local authority and their district there shall be substituted respectively a reference to a council of a region or islands area and their region or area ;

• (b) for the reference to the county rate or burgh rate there shall be substituted a reference to the regional rate or the general rate ;

• (c) for the words from " the amount requisitioned " to the end there shall be substituted the words " one-third of the said expenditure. ".

23

Section 14 (adoption in counties of the House Letting and Rating (Scotland) Act 1911) shall cease to have effect.

24

In section 19 (domestic water rate not payable or payable at reduced rate in certain cases), in the proviso to subsection (2), for the references to the district of the local authority there shall be substituted references to the region or islands area.

25

In section 20(1) (provisions as to levying of, and exemption from, rates), after the word " requisitions)" there shall be inserted the words " and Part VII of the Local Government (Scotland) Act 1973 ".

26

In section 23(1) (compulsory acquisition of land for construction of waterworks), after the word " authorise ", there shall be inserted the words " an authority or ".

27

In section 28 (termination of right to supply of water on special terms), in subsections (4) and (6), for any reference to a local authority there shall be substituted a reference to a district council.

The Water Act 1958

28

In paragraph 1(1) of Schedule 1 (procedure for making orders), in the table, for any reference to a local authority there shall be substituted a reference to a regional, islands or district council.

The Water (Scotland) Act 1967

29

Section 1 (establishment of regional water boards) shall cease to have effect.

30

Section 2 (transfer to regional water boards of functions of local water authorities) shall cease to have effect.

31

In section 3 (Central Scotland Water Development Board), for subsection (2) there shall be substituted the following subsection—

(2) The area for which the Central Board are established shall comprise the limits of supply of the authorities specified in Part II of Schedule 1 to this Act.

.

32

In section 4(2) (transfer to Central Board of functions of certain joint water boards, and other functions of the Board), for the words " of the regional" to the end there shall be substituted the words " water authorities whose limits of supply are comprised in the area of the Board. ".

33

In section 5 (establishment of new regional water boards and water development boards, and alteration of regions and areas), subsection (1)(a), in subsection (1)(c) the words " any region, or " and subsection (3) so far as relating to new regional water boards, shall cease to have effect and after subsection (1)(c) there shall be inserted the following paragraph—

(d) alter the limits of supply of a water authority as defined in section 148 of the Local Government (Scotland) Act 1973.

.

34

In section 6 (maps of regions), in subsection (1), for the words from the beginning to " their region " there shall be substituted the words " The Secretary of State shall, as soon as practicable after the coming into force of the Local Government (Scotland) Act 1973, send to any water authority whose limits of supply include an area specified in column 1 of the table set out at the end of section 148(3) of that Act, and to any water authority whose limits of supply would include such an area but for the said subsection (3), a map of that area ".

35

Section 8 (constitution of regional water boards) shall cease to have effect.

36

In section 10 (accounts and audit)—

• (a) subsections (1), (2), (4) and (5) shall cease to have effect;

• (b) in subsection (3), for the words " such board " there shall be substituted the words " water development board ".

37

For section 11 (estimates and requisitions) there shall be substituted the following section—

(11) (1) Each water authority— (a) who are a regional council, and (b) whose limits of supply extend beyond their own region or who supply water to premises in another region, shall in respect of any financial year determine the aggregate amount by reference to which the amount required to be requisitioned by the water authority under this Part of this Act from each of their contributing authorities is to be determined. (2) Each water development board shall in respect of any financial year determine the aggregate amount required to be requisitioned by the board under this Part of this Act from their contributing authorities. (3) Each such water authority and each water development board shall, by such date or dates as may be prescribed, cause a requisition in respect of any financial year to be sent to their contributing authorities requiring each of them to pay such sum as may be apportioned to each under the subsequent provisions of this Part of this Act, and each of those authorities shall, at such intervals and by such instalments as may be prescribed, pay over to the water authority or board the sum so requisitioned. (4) For the purposes of this Part of this Act " contributing authority " means— (a) in relation to a water authority, any other regional council the whole or part of whose region is within the limits of supply of the water authority or in whose region water is supplied to premises by the water authority, and (b) in relation to a water development board, a constituent water authority. (5) In this section "prescribed" means prescribed by regulations made by the Secretary of State under section 111 of the Local Government (Scotland) Act 1973.

.

38

In section 12 (calculation of amount to be requisitioned by regional water boards)—

• (a) for any reference to a district there shall be substituted a reference to a region ;

• (b) in subsection (1), for the words from "11(2)" to "that account" there shall be substituted the words " 11(1) of this Act, the aggregate amount referred to in that subsection for any financial year shall be the sum by which the estimated expenditure of the water authority in the exercise of any of their functions under any enactment in relation to water supply and chargeable to the revenue account of their general fund exceeds the estimated income pertaining thereto, but excluding from such expenditure any amount payable by way of requisition to another water authority and from such income any amount receivable by way of rates or requisition ";

• (c) in subsections (2) and (3), for the words "that authority bears " and " all such authorities " there shall be substituted respectively the words " the contributing authority bears " and "the authority making the requisition and of all such contributing authorities " ;

• (d) in subsection (2)(b), for head (i) there shall be substituted the following—

(i) in relation to the region of a regional council, the whole or part of which is within the limits of supply of the water authority, that region, or, as the case may be, that part, exclusive of any premises to which a supply of water is given by another water authority but inclusive of any premises outside the limits of supply of the water authority to which a supply of water is given by the water authority, and

.

39

In section 13 (calculation of amount to be requisitioned by water development boards), for the words from " and for the purposes " to the end there shall be substituted the words " and such aggregate amount shall be the sum by which the estimated expenditure of the water development board chargeable to the revenue account of their general fund exceeds the estimated income of that account, and there shall be added to or, as the case may be, deducted from that sum any sum required to be brought forward either as a debit or as a credit from a previous financial year ".

40

In section 17 (borrowing powers), for the word " county" there shall be substituted the word " regional " , and section 17 shall cease to have effect so far as it relates to regional water boards.

41

Part III (transfer of undertakings of local water authorities) shall cease to have effect

42

For section 26 (provision of services for the boards) there shall be substituted the following section—

(26) For the performance of the functions of a water authority or water development board under the Water (Scotland) Acts 1946 to 1967, a regional, islands or district council may provide the water authority or water development board with such services as the authority or board may request; and any water development board may make such provision as aforesaid for any water authority or any other such board.

.

43

Section 28 (agreements not to be entered into between first and second appointed days by the local water authority without the consent of the regional water board or of the waiter development board) shall cease to have effect.

44

Section 29 (power of regional water boards and water development boards to promote or oppose private legislation) so far as relating to regional water boards, shall cease to have effect.

45

In section 32 (repeal, amendment and adaptation of local enactments)—

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

(1) The Secretary of State may by order— (a) on his own initiative, repeal or amend any local enactment relating to the supply of water, or (b) on the application of a water authority or a water development board, repeal or amend any local enactment relating to the supply of water— (i) by or to the applicant, or (ii) by any other water authority or board to premises in any area within the limits of supply of the applicant.

;

• (b) at the end there shall be added the following subsection—

(5) The provisions of Part I of Schedule 1 to the Water (Scotland) Act 1946 shall apply to orders made under this section on the application of a water authority or a water development board.

.

46

In section 33 (regulations and orders), in subsection (4), the words " all local authorities whose districts are affected by the order and ", and paragraph (a) shall cease to have effect, for the words " so affected " there shall be substituted the words " affected by the order " and at the end of paragraph (b) there shall be added the words

or (c) where the order is being made under section 32(1) of this Act on the application of a water authority or a water development board.

.

47

In section 34(1) (interpretation)—

• (c) the following shall cease to have effect—

• (i) the definition of " constituent council " ;

• (ii) in the definition of " first appointed day", the words " 1(4)(a) or " ;

• (iii) the definition of " local authority " ; '

• (iv) the definitions of " region " and " regional water board ";

• (v) in the definition of " second appointed day ", the words " 1(4)(b) or " ;

• (b) in the definition of " contributing authority ", for the word " 11(6) " there shall be substituted the word " 11(4) ".

48

Part I of Schedule 1 (regional water boards) shall cease to have effect.

49

For Part II of Schedule 1 there shall be substituted the following Part—

The limits of supply as water authorities of the Tayside, Fife, Lothian, Borders, Central and Strathclyde regional councils

.

50

In Schedule 3 (procedure for making an order under section 5), in paragraph 2, for the reference to a local authority there shall be substituted a reference to a water authority.

51

Schedule 4 (provisions as to regional water boards and water development boards) so far as relating to regional water boards shall cease to have effect, and so far as relating to water development boards shall have effect subject to the following paragraphs of this Schedule.

52

In paragraph 2(3), for the words " July" and " county councillors" there shall be substituted the words " June " and " members of regional councils " and at the end there shall be added the following proviso—

Provided that the members of the Central Scotland Water Development Board who are in office immediately before 15th May 1975 shall vacate office on that day, and that board shall be reconstituted on 16th May 1975 and 1st July 1978 and thereafter quadrennially.

.

53

In paragraph 3, for the word " clerk " there shall be substituted the words " proper officer ".

54

In paragraph 5, in sub-paragraph (1), for the words "under this paragraph of a new member" there shall be substituted the words " of a new member by the constituent water authority by whom the vacating member was appointed. " and sub-paragraphs (2) and (3) shall cease to have effect.

55

In paragraph 10, the word " triennial" shall cease to have effect and for the word " clerk " there shall be substituted the words " proper officer ".

56

In paragraph 16, for the words " section 73 of the Local Government (Scotland) Act 1947" there shall be substituted the words " sections 38 to 42 of the Local Government (Scotland) Act 1973 ".

57

In paragraph 18, for the words " section 342 of the Local Government (Scotland) Act 1947" there shall be substituted the words " section 194 of the Local Government (Scotland) Act 1973 " and the word " county ", wherever it occurs, shall cease to have effect.

58

In paragraph 19, in sub-paragraph (1), for the words " their clerk " and " the clerk " there shall be substituted respectively the words " the proper officer of the board " and the words " the proper officer ", after the words " the particular document" there shall be inserted the words " and may be withdrawn by notice similarly authenticated " , and at the end of the paragraph there shall be added the following—

(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

.

59

For paragraphs 20 to 23 there shall be substituted the following paragraph—

(20) A board shall appoint such officers and servants as the board think fit and may pay the officers and servants appointed by them such reasonable remuneration as they may determine.

.

60

In paragraph 24, for the words from " section 97 " to " 1947 " there shall be substituted the words " sections 66 (security to be taken in relation to officers), 67 (members of local authorities not to be appointed as officers) and 68 (disclosure by officers of interest in contracts) of the Local Government (Scotland) Act 1973 ".

61

Paragraph 25 shall cease to have effect.

62

For paragraph 28 there shall be substituted the following paragraph—

(28) The following provisions of the Local Government (Scotland) Act 1973 shall apply to a board for the purposes of this Act as those provisions apply to a local authority for the purposes of that Act— (a) section 81 (contracts of local authorities), (b) section 189(2) (legal proceedings), (c) section 190 (service of legal proceedings, notices, etc., on local authorities), (d) section 191 (claims in sequestrations and liquidations), (e) section 192 (service of notices), (f) section 196 (misnomers), (g) section 208(1) (provisions as to Sundays, etc.), (h) paragraph 7(1) of Schedule 7 (minutes of proceedings receivable in evidence).

.

63

At the end of paragraph 29 there shall be added the words " and ' proper officer', in relation to any purpose and any board, means an officer appointed for that purpose by that board ".

The Water Act 1973

64

In the Water Act 1973 any reference to a regional water board shall be construed as a reference to water authority.

SCHEDULE 18

Part I — Amendment of the Transport Act 1968

1

In section 9 (Passenger Transport Areas, Authorities and Executives), the following amendments shall be made—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) in subsection (5), for the words “constituent areas” there shall be substituted the words “each of the districts comprised in the region in which the designated area is situated”;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 10 (powers of Executive), the following amendments shall be made—

• (a) in subsection (1)(xvi), the words “and the consent of the Minister” shall cease to have effect;

• (b) for the word “county”, in both places where it occurs, there shall be substituted the word “region”.

3

In section 11 (financial duty of Passenger Transport Executives) in subsection (1), for the words “section 13(3)” there shall be substituted the words “section 13(2)” and after subsection (3) there shall be inserted the following subsection:—

(3A) Without prejudice to any power of the Executive to establish specific reserves, the Executive may establish and maintain a general reserve, and the Authority may give to the Executive directions as to any matter relating to the establishment or management of any such general reserve and the carrying of sums to the credit thereof, or the application thereof; but no part of the moneys comprised in such a general reserve shall be applied otherwise than for purposes of the Executive or a subsidiary of theirs.

4

Section 11(4) shall cease to have effect.

5

For section 13 there shall be substituted the following section—

(13) (1) Without prejudice to any other power of a regional council to make grants for transport purposes, a regional council who are the Authority shall have power to make grants to the Executive for any purpose. (2) The regional council shall from time to time by notice in writing to the Executive specify the amount of the grants which the council propose to make to the Executive in respect of expenditure incurred during any accounting period.

.

6

In section 14 (accounts of Executive), the following amendments shall be made—

• (a) in subsection (1)(b), for the word “Minister” there shall be substituted the word “Authority”;

• (b) in subsection (3), after the word “Minister” there shall be inserted the word “and” and the words “and to each of the councils of constituent areas” shall be omitted.

7

In section 15 (further functions of Authority), the following amendments shall be made—

• (a) in subsection (1), for paragraphs (b) and (c) there shall be substituted the following paragraphs:—

(b) such annual or other estimates of income or expenditure of the Executive and any subsidiaries of theirs as the Authority may require to be submitted to the Authority, and any major change proposed to be made in any of those estimates after their approval by the Authority; (c) any proposal for expenditure by the Executive or any subsidiary of theirs, or by any other person in pursuance of arrangements with the Executive, which involves a substantial outlay on capital account

.

• (b) in subsection (2), for the words from “to be raised” to “of this Act” there shall be substituted the words “of the grants which will be needed to enable the Executive to comply with their obligation under section 11(1) of this Act”.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

After section 15 there shall be inserted the following section:—

(15A) (1) In addition to any power of the Authority under any other provision of this Part of this Act to give directions to the Executive as respects any matter, the Authority may give to the Executive directions as to the exercise and performance by the Executive of their functions (including the exercise of rights conferred by the holding of interests in companies) in relation to matters appearing to the Authority to affect the carrying out by the Authority or the Executive of their respective duties under section 9(3) of this Act. (2) The Executive shall provide the Authority at such time or intervals and in such form and manner as the Authority may require with information with respect to the operations and the expenditure on capital and revenue account respectively which are planned or under consideration by the Executive and shall furnish the Authority with such returns, accounts and other information with respect to the property and activities of the Executive or any subsidiary of theirs as the Authority may from time to time require. (3) The Authority may from time to time cause a review to be made of the organisation of the Executive’s undertaking and may give to the Executive such directions as appear to the Authority from any such review to be requisite to secure that the Executive’s undertaking is organised in the most efficient manner; and the Executive shall not make, or permit to be made, any substantial change in the manner in which their undertaking is organised except in pursuance of a direction given by the Authority under this subsection, or with the approval of the Authority.

.

9

In section 16(1) (annual report prepared jointly by Authority and Executive to be published in such manner as the Secretary of State directs) for the words “as the Minister may direct” there shall be substituted the words “as the Authority consider appropriate” and in the said section 16, in subsection (2), the words from “and (d)” onwards, and subsections (3), (4) and (5) shall cease to have effect.

10

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

11

In section 21 (functions of traffic commissioners in designated areas), subsection (5)(a) shall cease to have effect.

12

In section 23 (directions given by the Secretary of State) in subsections (2) and (3) after the word “Minister” there shall be inserted the words “or an Authority for a designated area”.

13

In section 26(1)(b) (powers of Scottish Group), for the words from “counties” onwards there shall be substituted the words “Highland region, the islands areas of Orkney, Shetland and the Western Isles, the Argyll district and in the Cunninghame district the former burgh of Millport and the former districts of Arran and Cumbrae.”.

14

For section 34 there shall be substituted the following section—

(34) (1) A regional, islands or district council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any bus service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas. (2) A regional or islands council or any two or more of those councils acting jointly, may, on such conditions, if any, as they think fit, afford assistance to any other person, by way of grant, loan or both, for the purpose of securing the provision, improvement or continuance of any ferry service if in the opinion of the council or councils in question that service is or will be for the benefit of persons residing in rural areas. (3) The Secretary of State may, with the approval of the Treasury, make grants in such cases and subject to such conditions as he thinks fit to any of the councils aforesaid in respect of expenditure incurred by that council in making grants under subsection (1) or (2) above, and any grant under this subsection in respect of expenditure in connection with a bus service shall be of an amount equal to half the expenditure in respect of which the grant is made. (4) The Secretary of State may, with the approval of the Treasury make grants in such cases and subject to such conditions as he thinks fit to regional or islands councils in respect of expenditure incurred by such a council in providing a ferry service which in the opinion of the council is or will be for the benefit of persons residing in rural areas.

.

15

In section 35(1)(b)(iv), for the words “county or town” there shall be substituted the words “regional, islands or district”.

16

In section 56(6)(d), for the words “county, town or district” there shall be substituted the words “regional or islands”.

17

Section 58 shall be omitted.

18

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

19

For section 115(3) there shall be substituted the following subsection—

(3) In sections 109, 112 and 113 of this Act “local authority” means a regional or islands council and in section 114 of this Act means a regional, islands or district council.

.

20

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

21

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In Part II of that Schedule, in paragraph 1, for the words “establishment of that Authority” there shall be substituted the words “area has been designated”, and in paragraph 2, for the words “any of the councils of constituent areas”, in each place where they occur, there shall be substituted the words “the regional council for the designated area”.

• (3) In Part III of that Schedule, in paragraph 1, for the words “dates on which the Authority and Executive respectively are”, there shall be substituted the words “date on which the Executive is”; and there shall be omitted from the remainder of that Part of that Schedule—

• (a) paragraphs 2, 3(a), 4, 5, 10, 12, 14, 16 and 17;

• (b) in paragraphs 6, 7 and 9 the words “the Authority and” and “respectively”, in each place where they occur;

• (c) in paragraph 8 the words “the Authority or” and “the Chairman of the Authority, or as the case may be”;

• (d) in paragraph 11, the words “the Authority or” in subparagraph (a) and “the Authority” in sub-paragraph (b); and

• (e) in paragraph 13, the words “the Authority or”, in both places where they occur, and “the Authority” where those words last occur.

Part II — Amendment of Miscellaneous enactments Relating to Transport

The Light Railways Act 1896

22

In section 26(2), for the words from “to the county” onwards there shall be substituted the words “to a regional, islands or district council”.

The Road Traffic Act 1930

23

In section 108(1), in the definition of “district”, for the words from “county” onwards there shall be substituted the words “region or islands area”.

24

In section 109(a), for the words “the Town Council of a burgh” there shall be substituted the words “a regional or islands council”.

The Transport Charges Etc. (Miscellaneous Provisions) Act 1954

25

In section 6(1)(c) (revision of charges by independent harbour undertakings), for the words from “or an undertaking” to “applies” there shall be substituted the words “or a ferry undertaking which is operated by or on behalf of a Passenger Transport Executive or a regional or islands council or two or more such councils acting in combination”.

26

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

The Public Service Vehicles (Travel Concessions) Act 1955

27

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

28

In section 4(b), for the words "burgh fund" there shall be substituted the words " general fund of the authority ".

The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958

29

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

The Road Traffic Act 1960

30

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

31

In section 135(2), for the words " county or town " there shall be substituted the words " regional, islands or district ".

32

In section 135(7), for the words " county and town" there shall be substituted the words " regional, islands and district ".

33

In section 136(2), for the words " county and town " there shall be substituted the words " regional, islands and district ".

34

In section 143, the following amendments shall be made:—

• (a) in subsection 2(a), for the words " county or town " there shall be substituted the words " regional, islands or district ";

• (b) in subsection (3), for the words " county or town " there shall be substituted the words " regional, islands or district ".

35

In section 149(5), for the words from " a county " onwards there shall be substituted the words " a regional, islands or district council and for any reference to the council of a county borough or county district there shall be substituted a reference to such an authority ".

36

In section 156(4), for the words from “county” onwards there shall be substituted the words “regional, islands or district council”.

Schedule 19

The Harbours, Docks and Piers Clauses Act 1847

1

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

2

In section 7 (correction of errors), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the regional or islands council within whose area the lands are situated”.

3

In section 8 (works not to proceed unless plans deposited), for the words from “schoolmasters” to “royal burgh” there shall be substituted the words “proper officer of the council of any region or islands area” and for the words “royal burghs” there shall be substituted the words “areas of such councils”.

4

In section 9 (receipt and inspection of plan), for the words “schoolmasters and town clerks” there shall be substituted the words “and proper officers”.

The General Pier and Harbour Act 1861, Amendment Act 1862

5

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

The Congested Districts (Scotland) Act 1897

6

In section 10 (definitions), in the definition of “congested district”, for the words from “any crofting”, onwards there shall be substituted the words “any place within the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

The Harbours, Piers and Ferries (Scotland) Act 1937

7

For section 1(2) (transfer of harbours to local authorities), there shall be substituted the following subsection:—

(2) A local authority may accept a transfer of a marine work which is wholly or partly situated within their area, but where the marine work is partly situated within the area of another local authority they may only do so with the agreement of that other authority, or failing such agreement, with the consent of the Secretary of State.

8

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

9

In section 7(1)(b) (minor works), for the words from “any of” to “therein” there shall be substituted the words “the Highland Region, the islands areas of Orkney, Shetland or the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute”.

10

For section 18 (responsibility for deficiency), there shall be subtituted the following section:—

(18) Any deficiency which is required to be met out of rates in pursuance of section 16 of this Act shall be met by the regional or islands council in whom the marine work is vested, or in the case of a marine work vested in two or more such councils in combination, by those councils in such proportions as may be fixed by the combination agreement.

11

In section 21 (borrowing), the following amendments shall be made—

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

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

12

In section 31(1) (interpretation), in the definition of “harbour authority”, for the words “pier or ferry” there shall be substituted the words “or pier” and, in the definition of “local authority”, for the words “county or a town” there shall be substituted the words “regional or islands”.

13

For Schedule 3 there shall be substituted the following Schedule:—

Schedule 3 The Clyde Port Authority. The Forth Ports Authority. The Aberdeen Harbour Commissioners. The Trustees of the Harbour of Dundee.

The Highlands and Islands Shipping Services Act 1960

14

In section 5 (interpretation), in the definition of “Highlands and Islands” for the word “counties” there shall be substituted the word “areas” and the words from “inclusive” onwards shall cease to have effect.

15

For the Schedule there sball be substituted the following Schedule:—

Schedule The Islands Areas of Orkney, Shetland and the Western Isles. In the Cunninghame District, the former burgh of Millport, and the former districts of Arran and Cumbrae.

The Harbours Act 1964

16

In section 57(1) (interpretation), in the definition of “marine work”, the following amendments shall be made—

• (a) for the words from “means” to “1937” there shall be substituted the words “means a harbour or boatslip in Scotland (other than a harbour or boatslip which is vested in any of the bodies specified in Schedule 3 to the Harbours, Piers and Ferries (Scotland) Act 1937 or which is vested in any of the Boards other than the Scottish Transport Group or a subsidiary within the meaning of section 154 of the Companies Act 1948 of that Group)”;

• (b) in paragraph (b), for the words from “counties” to “Zetland” there shall be substituted the following words “areas, namely, the Highland Region, the islands areas of Orkney, Shetland and the Western Isles or the Argyll district other than the former burgh of Rothesay and the former district of Bute” and for the word “counties” where second occurring, there shall be substituted the word “areas”.

SCHEDULE 20

1

Subject to the provisions of section 161 of this Act and of any other express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their social work functions by their social work committee, a sub-committee of that committee, an officer of the authority or by any other local authority in Scotland.

2

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

3

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

• (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 local authority.

4

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

5

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

• (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

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

7

For the purpose of discharging any functions of a local authority in pursuance of arrangements made under this Schedule, a social work committee or any joint committee appointed under paragraph 6 above may appoint one or more sub-committees.

8

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.

9

A joint committee appointed under paragraph 6 above and a sub-committee appointed under paragraph 7 above, may, subject to the provisions of section 59 of this Act, include persons who are not members of the appointing authorities or, in the case of a sub-committee, of the authority or authorities of whom they are a sub-committee.

10

At least two-thirds of the members appointed to a joint committee appointed under paragraph 6 above shall be members of the appointing authorities.

11

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 21

The Public Libraries Consolidation (Scotland) Act 1887

1

The whole Act shall cease to have effect except sections 1, 2, 3, 10, 21, 22, 24, 28, 31 and 32 which shall have effect subject to amendments thereto set out in the following provisions of this Schedule.

2

For section 2 (definitions) there shall be substituted the following section—

(2) In this Act, except where the context otherwise requires— “library authority” for the purposes of this Act means an islands or district council except that within the Highland, Borders and Dumfries and Galloway regions it means the appropriate regional council, and “area”, in relation to such an authority, shall be construed accordingly. “museum and art gallery authority” for the purposes of this Act means a regional, islands or district council, and “area”, in relation to such an authority, shall be construed accordingly.

.

3

In section 10 (lands, etc., may be purchased or rented)—

• (a) for the words “magistrates and council or board” there shall be substituted the words “library authority or museum and art gallery authority”;

• (b) for the words “schools for science, art galleries, and schools for art” there shall be substituted the words “and art galleries”.

4

In section 21 (powers of committee)—

• (a) for any reference to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority, whichever is appropriate in the context;

• (b) for the words “and museums” and “or museums”, wherever they occur, there shall be substituted the words “or museums or art galleries”;

• (c) the first and second paragraphs shall cease to have effect;

• (d) in the third paragraph, after the word “science” there shall be inserted the words “gramophone records, tape recordings and films”;

• (e) in the seventh paragraph, for the words from “for the purpose of” to “appointed” there shall be substituted the words “to inhabitants of the area of the authority”, for the words “burgh or parish”, wherever else they occur, there shall be substituted the word “area” and the words “may not be a householder, and” shall cease to have effect.

5

In section 22 (power of committee to make byelaws)—

• (a) for the first two references to the committee there shall be substituted a reference to the library authority or the museum and art gallery authority;

• (b) the words between “Scotland” and “and shall” shall cease to have effect;

• (c) for the words from “of the county” to “situated” there shall be substituted the words “exercising jurisdiction in the area of the authority”;

• (d) for the words “magistrates and council, or board” where they last occur, there shall be substituted the words “library authority or museum and art gallery authority”;

6

For section 24 (exhibition of byelaws previous to confirmation), there shall be substituted the following section—

(24) A copy of proposed byelaws and a copy of byelaws which have been made by a library authority or a museums and art gallery authority under section 22 of this Act shall be put up in some conspicuous place in each of the libraries, or, as the case may be, the museums or art galleries, of the authority.

7

In section 28 (recovery of penalties and forfeitures)—

• (a) for the words from “name of” to “district” there shall be substituted the words “name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority”;

• (b) for any reference to the committee there shall be substituted a reference to the library authority or museum and art gallery authority;

• (c) the words “clerk or other” shall cease to have effect.

The Public Libraries (Scotland) Act 1920

8

The whole Act shall cease to have effect.

The Public Libraries (Scotland) Act 1955

9

Section 3 (revocation of decision to adopt the principal Act) shall cease to have effect.

10

In section 5(1) (interpretation), for the definition of “statutory library authority” there shall be substituted the following definition—

“statutory library authority” means a library authority as defined in section 2 of the Public Libraries Consolidation (Scotland) Act 1887 or any body authorised by any other enactment (including any enactment contained in a local Act) to provide library services

.

The Education (Scotland) Act 1962

11

In section 12(1) (county library service)—

• (a) the words “of a county”, the words “not only” and the words from “but also” to the end shall cease to have effect;

• (b) for the words “the education” there shall be substituted the words “an education”.

• (c) for the words “in the county” there shall be substituted the words “in the region or islands area, as the case may be”.

The Education (Scotland) Act 1969

12

In section 2(1) (provision of museums by education authorities), the words “(other than the town council of a burgh being a county of a city)” shall cease to have effect, and, in paragraph (e), for the words from “the town” to the end there shall be substituted the words “any other body”.

SCHEDULE 22

Part I — Regional Planning Functions

Part II — District Planning Functions

Schedule 23

The Ancient Monuments Act 1931

1

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

The Caravan Sites and Control of Development Act 1960

2

In section 32(1) (application of Part I to Scotland), the following amendments shall be made—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in paragraph (k)(i), for the words from “in relation” to “county council” there shall be substituted the words “a general or district planning authority within the meaning of Part IX of the Local Government (Scotland) Act 1973”.

The Town and Country Planning (Scotland) Act 1947

3

In section 113(1) (interpretation), the following amendments shall be made—

• (a) in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”;

• (b) in the definition of “planning authority”, for the words “section 2 of this Act” there shall be substituted the words “section 172 of the Local Government (Scotland) Act 1973”.

The Town and Country Planning (Scotland) Act 1959

4

In section 27 (powers of disposal of land), the following amendments shall be made—

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

(4) Subject to the provisions of this Act, section 74(2) of the Local Government (Scotland) Act 1973 (consideration for disposal of land) shall apply to any disposal of land by an authority to whom this Part of this Act applies in the exercise of a power in relation to which subsection (1) of this section has effect (not being a power under Part VI of the said Act of 1973) as it applies to the like disposal of land by a local authority in the exercise of any power under the said Part VI.

• (b) in subsection (5)(c), for the words from “subsection” to “1947” there shall be substituted the words “section 75(1) of the Local Government (Scotland) Act 1973”.

5

In Schedule 4 (Authorities to whom Part II applies), the following amendments shall be made—

• (a) in paragraph 1, for the word “1947” there shall be substituted the word “1973”;

• (b) in paragraph 2, for the word “1947”, where first occurring, there shall be substituted the word “1973”;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) for paragraph 4 there shall be substituted the following paragraph—

(4) A river purification authority for the purposes of the Rivers (Prevention of Pollution) (Scotland) Acts 1951 and 1965.

The Civic Amenities Act 1967

6

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

The New Towns (Scotland) Act 1968

7

In section 6(1) (planning control in new towns), for the words “local planning” there shall be substituted the words “district planning”.

8

In section 23(2)(i) (extinguishment of public rights of way), for the words “local planning” there shall be substituted the words “district planning” and after the word “situated” there shall be inserted the words “and on any other local authority who appear to him to be concerned”.

9

In section 35(2) (development corporations may transfer undertaking), for the words “county or burgh” there shall be substituted the words “region, islands area or district”.

10

In section 36(2)(a)(i) (winding up of development corporations), for the words “county or town council of the burgh” there shall be substituted the words “region, islands area or district”.

11

In section 41(2) (application of certain enactments), for the words “county council” there shall be substituted the words “regional or islands council concerned”.

12

In section 47(1) (interpretation), in the definition of “local authority”, for the words from “county” onwards there shall be substituted the words “regional, islands or district council”, in the definition of “local highway authority”, for the words from “a highway” onwards there shall be substituted the words “a regional council”, in the definition of “planning authority”, for the word “1947” there shall be substituted the word “1972” and at the appropriate place in alphabetical order there shall be inserted the following definitions—

“regional planning authority” and “district planning authority” have the meanings assigned to them by Part IX of the Local Government (Scotland) Act 1973;

.

13

In Schedule 1 (procedure for designating site of new town), in paragraph 2, for the words “county or on the town council of the burgh” there shall be substituted the words “region, islands area or district”.

The Local Employment Act 1972

14

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The Town and Country Planning (Amendment) Act 1972

15

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The Town and Country Planning (Scotland) Act 1972

16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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34

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Schedule 24

Part I

The Licensing (Scotland) Act 1959

1

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

2

Section 11 (disqualification of justices not entered in valuation roll) shall cease to have effect.

3

In section 13 (membership of new town committee not to disqualify member of licensing court), the words from " or " to " 1949 " shall cease to have effect.

4

In section 14 (magistrate or county councillor not disqualified by reason of being justice, and vice versa), for the words " a magistrate or a county councillor", in both places where they occur, there shall be substituted the words " an islands or district councillor ".

5

Section 15 (election of town councillor to act for disqualified magistrate) and section 16 (county licensing court may grant certificates where members of burgh licensing court disqualified) shall cease to have effect.

6

In section 17 (expenses of members of licensing courts and courts of appeal), in subsection (1), for the words from the beginning to " 1948 " there shall be substituted the words " Sections 45 to 50 of the Local Government (Scotland) Act 1973 " and for the words from " among " onwards there shall be substituted the words " local authorities " ; and in subsection (2), for the words from " county " onwards there shall be substituted the words " islands area or district whose area constitutes or includes the area of the court. ".

7

In section 18(2) (general half-yearly meeting of licensing courts), the words from " burgh " to " county " shall cease to have effect.

8

For section 20 (place of meeting of licensing courts and courts of appeal), there shall be substituted the following section:—

(20) The meetings of a licensing court or court of appeal shall be held at such places as the islands or district council may determine, and the council shall publish by advertisement notice of the place of any such meeting.

9

For section 21 (expenses, etc. of meetings of licensing courts and courts of appeal), there shall be substituted the following section:—

(21) The council of every islands area or district shall provide accommodation for the meetings, and otherwise defray any necessary expenses in respect of the proceedings, of any licensing court and of the appeal court having jurisdiction in their area.

10

For section 28 (clerk to licensing courts and courts of appeal), there shall be substituted the following section:—

(28) The clerk of the peace for any area shall be the clerk to every licensing court and court of appeal having jurisdiction within the area.

11

In section 29(1) (fees payable to clerk) the words "or town clerk " shall cease to have effect.

12

For section 31 (supplementary and local provisions) there shall be substituted the following section:—

(31) (1) For the purposes of this Part of this Act, and subject to the provisions of subsection (3) below, " population ", in relation to any licensing area, means the population declared by the order last made under this section relating to that area. (2) The Secretary of State shall, before 16th April 1975, (a) obtain from the Registrar General an estimate (made by reference to the estimates prepared by the Registrar General relating to 30th June in the latest year for which such estimates are available) of the population of every islands area and district, and (b) make an order or orders declaring the population of each islands area and district according to such estimate. (3) Where the council of any islands area or district, either before or after 16th May 1975, divide their area into licensing divisions in accordance with section 1(2) of this Act, they shall obtain from the Registrar General an estimate (made as aforesaid) of the population of every such division, and the population of any such division shall, until the making of the first order under subsection (4) below relating to that division, be determined according to such estimate. (4) As soon as may be after 30th June 1983, and after every tenth year thereafter, the Secretary of State shall (a) obtain from the Registrar General an estimate (made by reference to the estimates prepared by the Registrar General relating to 30th June in 1983 or, as the case may be, the said year in respect of which the estimate is obtained) of the population of each islands area, district and licensing division, and (b) make an order or orders declaring the population of each islands area, district and licensing division according to such estimate. (5) An order made under subsection (4) above may prescribe the date or dates on which alterations in the number of members of licensing courts and courts of appeal consequential on any increase or decrease of population shall take effect (6) Any order made under this section shall be laid before Parliament. (7) In this section " the Registrar General" means the Registrar General of Births, Deaths and Marriages for Scotland.

.

13

In section 41 (list of certificate holders), for the words after " printing the list shall" there shall be substituted the words " be defrayed by the council of the islands area or district whose area constitutes or includes the area of the court. ".

14

In section 114 (years in which temperance poll may be taken), subsection (1) shall cease to have effect.

15

In section 120 (interpretation of Part VIII).

• (i) in the definition of " area '; in paragraph (a), after the words " in the case of " there shall be inserted the words " an area which immediately before 16th May 1975 constituted ", and after the word " any " there shall be inserted the words " area which then constituted a " ; in paragraph (b), for the words " burgh, the whole burgh " there shall be substituted the words " area which then constituted a burgh, the whole of that area " ; and in paragraph (c), after the word " of " there shall be inserted the words " an area which then constituted ";

• (ii) in the definition of " local authority ", for paragraphs (a) and (b) there shall be substituted the words " the council of an islands area or district ";

• (iii) in the definition of " parish ", for the words " burgh or part of a burgh situated therein " there shall be substituted the words " area situated therein which immediately before 16th May 1975 constituted a burgh or part of a burgh ", and after the word " situated " there shall be inserted the words " in an area which was then ".

16

In section 168(1) (register of clubs) the words " or other area " shall cease to have effect, after the word " keep" there shall be inserted the words " in every sheriff court district within the sheriffdom ", and for the words after " such " and before " in respect " there shall be substituted the word " district ".

17

In section 169 (application by club for certificate of registration), in subsection (3)(c) for the word " aforementioned " there shall be substituted the word " aftermentioned ", in subsection (4) the words from " either " (where it first appears) to " case " shall cease to have effect, and in subsection (5) for the words " magistrate or justice of the peace " there shall be substituted the words " member of a licensing court or court of appeal ".

18

In section 171 (procedure on application for grant or renewal of certificate of club registration), in subsection (1), for paragraphs (b) and (c) there shall be substituted the following words:—

and (b) to the council of the islands area or district within which the premises are situated.

;

and in subsection (3), for the words " a town council" there shall be substituted the words " an islands council ".

19

In section 175(1) (cancellation of certificate of club registration), the words from " or, if the premises " to " to a magistrate " and the words " or magistrate " shall cease to have effect

20

In section 195 (limitation of actions against sheriffs, etc.) the words " town clerk " shall cease to have effect.

21

In section 199(1) (interpretation) the definitions of "burgh licensing court " and " county licensing court " shall cease to have effect; in the definition of " licensing area", for the words " any burgh or county " there shall be substituted the words " any islands area or district ", and for the word "district" there shall be substituted the word " division "; in the definition of " licensing court", the words " or two" shall be omitted; and in the definition of " licensing district ", for the word " district" there shall be substituted the word " division " and for the word " two" there shall be substituted the word " one ".

22

For Schedule 1 there shall be substituted the following Schedule—

FIRST SCHEDULE

Class I	Where population of licensing area is under 75,000. Licensing court—Councillors 3 ; Justices 3 ; total 6.
Class II	Population of or exceeding 75,000 but under 200,000. Licensing court—Councillors 5 ; Justices 5 ; total 10.
Class III	Population of or exceeding 200,000. Licensing court—Councillors 7 ; Justices 7 ; total 14.

23

In Schedule 2 (Forms of certificate), Schedule 4 (Forms for use by clerks to courts) and Schedule 5 (Forms relating to confirmation of certificates), for the words "county [or licensing district or burgh " there shall be substituted, in every place where they appear, the words " district [or islands area or licensing division " ; in Schedule 2, in Forms 1 and 3, the words " parish of and " shall cease to have effect, and in Form 2, the words " burgh of and " shall cease to have effect; and in Schedule 3, in Form 1, the words " in the parish [or burgh] of and county of " shall cease to have effect.

The Licensing (Scotland) Act 1962

24

In Schedule 1 (New forms of certificate) in the form of certificate for a restaurant and in the form of restricted hotel certificate, for the words " county [or licensing district or burgh " there shall be substituted in every place where they appear, the words " district [or islands area or licensing division " , and the words " parish of and " shall cease to have effect.

Part II — Betting, Gaming and Lotteries

The Betting, Gaming and Lotteries Act 1963

25

• (1) In Schedule 1 (Bookmaker’s Permits, betting agency Permits and betting office licences), in paragraph 1(b) the words “ or 2 ” shall cease to have effect.

• (2) In paragraph 2 of that Schedule, in the definition of “appropriate local authority” for sub-paragraph (b), there shall be substituted the following sub-paragraph—

(b) in Scotland, (i) where the relevant premises are, or are to be, situated in an islands area, the council for that area; (ii) in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;

.

26

In Schedule 2 (Registered pool promoters), in paragraph 1(1)(b), for the words “any county or large burgh” there shall be substituted the words “ an islands area or district ”; and paragraph 1(2), (3), (4) and (6) and paragraphs 2 and 3 shall cease to have effect.

27

• (1) In Schedule 3 (Licensing of tracks for betting), in paragraph 1 for the words “Paragraphs 1, 2 and 3” there shall be substituted the words “ Paragraph 1 ”, in head (b) of that paragraph for the words “those paragraphs” there shall be substituted the words “ that paragraph ”, and in head (b) of paragraph 2 the words “ or committee ”shall cease to have effect.

• (2) In paragraph 5(2)(b) of that Schedule, for sub-heads (i) and (ii), there shall be substituted the following—

(i) the council of any islands area or district within which the track or any part thereof is situated; and (ii) the general planning authority or district planning authority for any area which includes the track or any part thereof;

;

• (3) For paragraph 6(3) of that Schedule there shall be substituted the following sub-paragraph—

(3) The authorities referred to in sub-paragraph (1)(e) of this paragraph are— (a) the general planning authority or district planning authority for any area which includes the track or any part thereof; (b) the council of any region (not being a general planning authority) which includes the track or any part thereof; (c) any other local authority whose area adjoins any district which includes the track or any part thereof, where that authority or council are not the licensing authority.

28

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29

In Schedule 7 (Promotion of small lotteries by registered societies), in paragraph 1(2), for head (b) there shall be substituted the following—

(b) in Scotland, an islands council or district council,

.

The Gaming Act 1968

30

In section 44(3) (local authority not to maintain or contribute to premises licensed under Part II), for the words “a county council, town council” there shall be substituted the words “ a regional council, islands council ”.

31

In Schedule 2 (Grant, renewal, cancellation and transfer of licences), in paragraph 2(2), in the definition of “the appropriate local authority”, for paragraph (b) there shall be substituted the following—

(b) in Scotland, (i) where the relevant premises are, or are to be, situated in an islands area, the council for that area; (ii) in any other case, the council for the district within whose area the relevant premises are, or are to be, situated;

.

32

In Schedule 9 (Permits under section 34), in paragraph 1(d), for the words from “where” to “county” there shall be substituted the words “ means the council of the islands area or district ”; and paragraph 2 shall cease to have effect.

Part III — Miscellaneous Licensing, Registration and Related Matters

The Cinematograph Act 1909

33

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The Performing Animals (Regulation) Act 1925

34

In section 6(a)(definition of local authority), for the words “a county council or a town council”; there shall be substituted the words “ an islands or district council ” and the words from “ and any expenses ” onwards shall cease to have effect.

The Theatrical Employers Registration Act 1925

35

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The Methylated Spirits (Sale by Retail) (Scotland) Act 1937

36

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

The House to House Collections Act 1939

37

In section 10 (application to Scotland), for paragraph (a) there shall be substituted the following paragraph:—

(a) sections 1, 2 and 4 shall apply as if for references to the police authority for the police area comprising a locality and to the chief officer of police of such an area there were substituted respectively references to the islands or district council for the area comprising a locality and to the proper officer of such a council;

The War Charities Act 1940

38

In section 12 (application to Scotland), for paragraph (e) there shall be substituted the following paragraph:—

(e) section 7 shall apply as if for the words in subsection (1), “a police authority”, there were substituted the words “ a regional or islands council ” and for the words “the authority” there were substituted the words “ the council ”; and as if for the words in subsection (2) “chief officer of police for the police area” there were substituted the words “ proper officer of the council of the region or islands area ”

;

The Pet Animals Act 1951

39

In section 7(3), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The Hypnotism Act 1952

40

In section 2(4)(b) (meaning of controlling authority), for the words “the council of the county or burgh” there shall be substituted the words “ the islands or district council for the area ”.

The Animal Boarding Establishments Act 1963

41

In section 5(2) (interpretation), in the definition of “local authority”, for the words “county or burgh” there shall be substituted the words “ islands area or district ”.

The Riding Establishments Act 1964

42

In section 6(4), in the definition of “local authority”, for the words “county or any burgh” there shall be substituted the words “ islands area or district ”.

The Local Government (Scotland) Act 1966

43

In section 44 (game licences), for the words “local authorities” in both places where they occur, there shall be substituted the words “ islands and district councils ”.

Sale of Venison (Scotland) Act 1968

44

In section 3 (interpretation), for the definition of “local authority”, there shall be substituted the following definition—

“local authority”means an islands or district council;

.

The Theatres Act 1968

45

In section 15(1) (powers of entry), the words from “ and in relation ” onwards shall cease to have effect, and in section 18(1) (interpretation), in the definition of “licensing authority”, in paragraph (c), for the words from “as respects” onwards there shall be substituted the words “ the islands or district council. ”.

The Vehicle and Driving Licences Act 1969

46

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The Poisons Act 1972

47

In section 11(2), in the definition of “local authority”, for paragraph (b) there shall be substituted the following paragraph—

(b) in relation to Scotland, the council of a region or islands area;

.

Schedule 25

The Roads and Bridges (Scotland) Amendment Act 1892

1

Section 5 (preservation of lands from injury) shall cease to have effect.

The Burgh Police (Scotland) Act 1892

2

In section 396 (terms of licence for theatres, etc.) for the words from the beginning to “£5” there shall be substituted the words “ A reasonable fee set by the issuing authority shall be payable for each licence ”.

3

In section 433 (brokers’ licences), for the words “sum not exceeding two shillings and sixpence” there shall be substituted the words “ reasonable sum set by the issuing authority ”.

The Burgh Police (Scotland) Act 1903

4

In section 81 (licensing of billiard halls), for the words from “fee” to “shillings” there shall be substituted the words “ reasonable fee set by the issuing authority shall be payable ”.

5

In section 98(2) (application of Parts I and II), the words from “ intimated ” to “ Scotland and ” shall cease to have effect.

The Milk and Dairies (Scotland) Act 1914

6

In section 28 (milk depots), the words “ subject to the consent of the Board ” shall cease to have effect.

The Performing Animals (Regulation) Act 1925

7

In section I (restriction on exhibition, etc., of performing animals), the following amendments shall be made—

• (a) in subsection (2), for the words “the prescribed fee” there shall be substituted the words “ such fee as appears to the local authority to be appropriate ”;

• (b) in subsection (5), the words “ on payment of the prescribed fee ”, in both places where they occur, shall cease to have effect;

• (c) in subsection (7), the words “ subject to payment of the prescribed fee ” shall cease to have effect;

• (d) at the end there shall be added the following subsection—

(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them.

8

In section 5(3) (interpretation etc.), the words from “ and the fee ” onwards shall cease to have effect.

The Roads Improvement Act 1925

9

In section 5 (prescription of building lines), paragraph (a) of the proviso shall cease to have effect.

The Slaughter of Animals (Scotland) Act 1928

10

In section 2(5) (fees for licences), the words “ not exceeding five shillings ” and the words “ not exceeding one shilling ” shall cease to have effect.

The Bridges Act 1929

11

In section 7(3) (arbitrations, etc.), the words from “ and any question ” onwards shall cease to have effect.

12

In section 10 (rules of procedure), subsections (1) and (2) shall cease to have effect.

The Road Traffic Act 1930

13

In section 53 (tolls), the following amendments shall be made—

• (a) in subsection (2)(b), the words from “ but a right ” onwards shall cease to have effect;

• (b) in subsection (6), the words “ subject to the approval of the Minister ” shall cease to have effect.

14

In section 56 (removal of structures from highways, the following amendments shall be made—

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